WomensLaw serves and supports all survivors, no matter their sex or gender.
Legal Information: Federal
Laws current as of May 29, 2024 If my spouse was already married to someone else when we got married, can I still qualify for a battered spouse waiver?
If you married your spouse believing that it was a valid marriage but later discovered that your spouse was already married to someone else, you may still qualify for a battered spouse waiver. You would still need to show that you intended to marry your spouse in good faith and that your intended spouse subjected you or your child to battery or extreme cruelty after the marriage ceremony.1
1 INA § 216(c)(4)(D)
© 2008–2024 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.
English
Español
