Question about VAWA eligibility requirements
Due to the recent impact of COVID, I was unable to maintain my H-1B status and ended up out of status. I was living with my fiancé(e) and was about to file for a green card, but a few months ago I suffered severe violence and had to file for a restraining order. I’d like to know if I’m eligible to apply for a green card through VAWA in my situation. My fiancé(e) is a U.S. citizen.
For VAWA, even if your fiancé(e) is a citizen, there must be an actual marital relationship for you to proceed. A VAWA green card application exists specifically as relief related to domestic violence, so marriage is a prerequisite. In your situation, you might also consider proceeding through a U visa instead, since you were the victim of a crime committed by a U.S. citizen.