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I know there is a time limit to file for VAWA after you are divorced.

Ewa Beach, HI |

I have met with an attorney before and I have a pretty strong case. Its been a year since I've been divorced from my abuser. My question is, does being separated matter? We've been divorced for a year but we were separated prior to filing for divorce. It was in his best interest to stay married because he got Cost Of Living Allowance (COLA) and BHA (Basic Housing Allowance) he was in the Military. We would still be married now if I hadn't filed.

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Attorney answers 1

Posted

Remember also that the divorce must be related to the underlying reasons for the filing, i.e. the abuse. I agree with my colleague, need to retain an excellent immigration attorney who has experience doing these types of cases. Two ( 2 ) year period starts from divorce and not mere separation. Consult with an excellent attorney. Search Avvo, many give low cost consultations.

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