Legal Information: Federal

Immigration

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Updated: 
May 17, 2021

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)

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