Abused by your green card holder spouse
If your husband or wife is a lawful permanent resident and abused you, you can file your own petition in the second preference (F2A) category. You do not need their signature or their consent. Because F2A is a preference category, the green card step waits for your priority date to become current.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
The authority is INA 204(a)(1)(B)(ii) and 8 C.F.R. 204.2(c). It lets the abused spouse of a permanent resident file the petition the resident could have filed, in the same F2A category, without the resident.
A green card holder who abuses a spouse often uses the same line: "you have no papers without me." The self-petition answers it. The abuser is not the petitioner and has no role in the case.
What you show
Under INA 204(a)(1)(B)(ii) and USCIS Policy Manual Vol. 3, Part D, ch. 2:
- A qualifying marriage to a permanent resident, entered in good faith.
- Battery or extreme cruelty by your spouse during the marriage, against you or your child.
- That you lived with the abuser during the marriage. No minimum period applies (USCIS Policy Manual Vol. 3, Part D, ch. 2).
- Good moral character.
- Eligibility for the F2A classification.
You may file from outside the United States only if your spouse is employed abroad by the U.S. government, is a member of the uniformed services, or subjected you or your child to battery or extreme cruelty in the United States (INA 204(a)(1)(B)(iv)). USCIS must consider any credible evidence you offer (INA 204(a)(1)(J)); see any credible evidence.
The priority date and the wait
F2A is a preference category. A spouse of a permanent resident adjusts status only when the priority date is current in the Visa Bulletin (INA 203(a)(2)(A)). We do not print Visa Bulletin dates because they change every month. Read the current one at the State Department's Visa Bulletin page, and see reading the Visa Bulletin for F2A.
Two rules can shorten or protect your place:
- An earlier I-130. If the abuser filed an I-130 for you before, its priority date can carry to the self-petition (8 C.F.R. 204.2(h)(2)). Any approval notice or receipt you can safely get is worth keeping. If the abuser has it, see documents the abuser took.
- The abuser naturalizes. If your spouse becomes a citizen after you file, the petition converts to the immediate relative classification (INA 204(a)(1)(B)(v)).
The waiting period is not unprotected
An approved self-petitioner is eligible for a work permit (INA 204(a)(1)(K)) and may be considered for deferred action on a case-by-case basis while waiting (USCIS Policy Manual, Vol. 3, Part D). A prima facie determination, which can come earlier, can make a self-petitioning spouse or child a "qualified alien" for certain public benefits, if the abuse happened in the United States, the benefits agency finds a substantial connection between the abuse and the need for benefits, and the abuser no longer lives in the same household (8 U.S.C. 1641(c); 8 C.F.R. 204.2(c)(6)(i)). Parents are not covered, and no prima facie notice is issued for a petition filed from abroad. See work permit and deferred action.
If the abuser's status changes, or the marriage ends
- The abuser loses status after you file. The petition is not affected (INA 204(a)(1)(B)(v)).
- The abuser lost permanent resident status before you filed, within the prior 2 years and due to an incident of domestic violence: you may still file (INA 204(a)(1)(B)(ii)(II)(aa)(CC)(aaa)). See abuser died or lost status.
- Divorce before you file. You have 2 years after the marriage ended, if the end of the marriage is connected to the abuse (INA 204(a)(1)(B)(ii)(II)(aa)(CC)(bbb)). See the 2-year rule.
- Divorce after you file does not affect the petition. Remarriage before approval is a basis for denial; remarriage after approval is not a basis to revoke it (8 C.F.R. 204.2(c)(1)(ii); INA 204(h)).
When the date is current
The green card step follows the same VAWA rules as for a citizen's spouse. With an approved petition you may adjust even after an entry without inspection (INA 245(a), opening clause), and the present-without-admission ground does not apply if you show a substantial connection between the abuse and the unlawful entry (INA 212(a)(6)(A)(ii)). You are exempt from the public charge ground and file no affidavit of support (INA 212(a)(4)(C)(i), (E)(i)). See the green card after VAWA.
Your children may be included on your petition (8 C.F.R. 204.2(c)(4)); see children on your petition. We do not publish processing times; USCIS posts them at uscis.gov/processing-times.
Read next: F2A and the Visa Bulletin, good-faith marriage, confidentiality, or the self-petition overview.
Common questions
My spouse filed an I-130 for me years ago. Do I lose that place in line?
Not necessarily. A priority date from an earlier I-130 filed by the abuser can carry to the self-petition (8 C.F.R. 204.2(h)(2)).
What happens if my spouse becomes a citizen after I file?
The petition converts to the immediate relative classification (INA 204(a)(1)(B)(v)). The preference wait no longer applies to it.
What if my spouse loses their green card after I file?
The petition is not affected by the abuser's loss of status after filing (INA 204(a)(1)(B)(v)). If the loss happened before you filed, the 2-year rule on the abuser died or lost status page applies.
Can I work while I wait for my priority date?
An approved self-petitioner is eligible for employment authorization (INA 204(a)(1)(K)) and may be considered for deferred action on a case-by-case basis (USCIS Policy Manual, Vol. 3, Part D).
The lawyers who will handle your case
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