Documents to gather for a VAWA self petition

This page is general information, not legal advice. DNLH is not a law office. A lawyer or DOJ accredited representative should review your packet before you file.

What do I need to prove?

For a spouse filing VAWA, USCIS looks for proof of these things (8 CFR 204.2(c); USCIS):

1. The abuser's status: a U.S. citizen or green card holder
2. Your relationship to the abuser
3. Abuse: battery or extreme cruelty
4. You lived together with the abuser
5. Good moral character
6. A good faith marriage (spouses only): you married for real, not for papers
7. You live in the U.S. now (filing from abroad has narrow rules)

Children and parents prove the same main points, with different relationship papers. Parents can self petition only if abused by a U.S. citizen son or daughter 21 or older.

The standard is "any credible evidence." USCIS encourages the best papers you can get, but it must consider any credible evidence, and you do not have to prove that better papers are unavailable (8 CFR 204.1(f)). USCIS decides how much weight each paper gets.

1. Proof of the abuser's status

The strongest proof is a copy of the abuser's:

• U.S. birth certificate or U.S. passport
• Naturalization or citizenship certificate
• Green card (Form I-551)

Photocopies of a green card or naturalization certificate are accepted (8 CFR 204.1(g)).

If you cannot get these, give the abuser's full name, date and place of birth, and any number you know (Social Security or A number). USCIS will try to check its own records. If it cannot find a record, it decides your case on what you sent (8 CFR 204.1(g)(3)).

Never go back into an unsafe home to get a document. Tell your lawyer what you know instead.

2. Proof of your relationship

Spouses:

• Marriage certificate
• Proof that every earlier marriage of both of you ended (divorce decrees, death certificates)
• If you are divorced now: the divorce papers and proof the divorce was connected to the abuse

Children: your birth certificate showing the abusive parent. For a stepparent, add the parents' marriage certificate showing it happened before you turned 18. For adoption, the decree.

Parents: your child's birth certificate showing you as parent, and proof your child is a U.S. citizen 21 or older.

Your own children on your petition: their birth certificates. Spouses and children who self petition can include unmarried children under 21.

3. Proof of the abuse

Abuse includes physical violence and also extreme cruelty: threats, psychological or sexual abuse, and acts that are part of an overall pattern of violence (8 CFR 204.2(c)(1)(vi)).

Evidence can include (8 CFR 204.2(c)(2)(iv)):

• Police reports and 911 records
• Restraining orders or protective orders, and court papers. The rule strongly encourages these if you have them
• Medical or hospital records
• Letters from counselors, therapists, social workers, shelter staff, school staff or clergy
• Proof you stayed at a domestic violence shelter
• Photos of injuries, with statements from people who saw them
• Texts, emails, voicemails or social media messages with threats or insults
• Statements from friends, family, neighbors or coworkers

Need a restraining order? See How to get a domestic violence restraining order.

4. Proof you lived together

Any of these can help (8 CFR 204.2(c)(2)(iii)):

• Lease, rental records, mortgage or deed with both names
• Utility bills
• Mail or bank statements to both of you at the same address
• Children's school or medical records with the shared address
• Insurance policies
• Statements from landlords or neighbors

You also need proof you live in the U.S. now, like a current lease, pay stubs or school records.

5. Proof of good moral character

The main proof is your own signed statement (8 CFR 204.2(c)(2)(v)). Add:

• Police clearances from each city, county or state where you lived 6 months or more in the 3 years before filing
• If you lived abroad in that time, clearances from those countries
• Letters from people who know you well (employers, teachers, faith leaders, neighbors)

A child under 14 is presumed to have good moral character and does not need these.

In California, request your state record for immigration use through the California DOJ Visa/Immigration process: form BCIA 8016 VISA at a Live Scan site, $32 plus the site's fee. The DOJ mails the result only to you. Do not use the "Record Review" form; the DOJ says those copies cannot be used for immigration (CA DOJ Record Review).

If you have any arrest, even one that was dismissed, tell your lawyer before you get records. Some arrests linked to the abuse can be explained. See Can a domestic violence charge lead to deportation?

6. Proof of a good faith marriage (spouses)

Show that you married for love and a shared life (8 CFR 204.2(c)(2)(vii)):

• Joint bank accounts, leases, insurance or tax returns
• Birth certificates of children you had together
• Wedding photos, invitations, receipts
• Photos together over time, trips, holidays
• Texts, cards or letters from dating and marriage
• Statements from people who knew you as a couple

USCIS rewrote its VAWA guidance on December 22, 2025 (Policy Alert PA-2025-33, AILA copy). Officers now look for evidence that is relevant, probative and credible. Affidavits without enough detail may count for less. You must show you lived with the abuser during the marriage or relationship. Gather as much detailed, third party proof as you safely can.

7. Your personal statement

This is the heart of the case. In your own words, signed:

• How you met and why you married (spouses)
• Your life together, and where you lived
• What the abuse was, with examples and rough dates
• How it affected you and your children
• Why you left, or why you could not
• Your character: work, family, community

Write it with a lawyer or advocate. Take breaks. It is okay if you do not remember exact dates.

What if I cannot get a document?

• Explain why in your statement or a short letter. For police clearances, the rule allows an explanation plus other evidence if a clearance is not available.
• Use other proof. A statement from someone who knows the facts can stand in for a missing paper.
• Ask your lawyer about records requests, like your immigration file. See How to get a copy of your immigration file.

How do I keep my papers safe?

• Use a safe mailing address, like your lawyer's office, on every form.
• Keep copies outside the home, with a trusted person or in a password protected account the abuser does not know.
• Use a safe phone and email, on a device the abuser cannot check.
• Send copies to USCIS, not originals. Bring originals to an interview if you get one.
• Translate anything not in English, with a translator's certificate (8 CFR 204.1(f)(3)).

VAWA document checklist

Questions people ask

Do I need a police report to file VAWA? No. A police report helps, but it is one of many kinds of proof. Many survivors never called the police.

Will USCIS contact my abuser to verify things? Federal law bars USCIS from sharing your VAWA information with the abuser. See Will immigration share my abuse case with my abuser?

Can I file if I am still living with the abuser? The VAWA rules we read do not require you to move out first. Your safety comes first, so plan with an advocate.

What happens after I file? USCIS reviews the I-360. Some people who also file a green card application are called for an interview. See What to expect at your VAWA green card interview.

Who can help?

Anywhere in the U.S.:

• National Domestic Violence Hotline: 1-800-799-7233, or text START to 88788. 24/7.
• Free or low cost legal help: the DOJ list of free legal service providers and the DOJ roster of recognized organizations and accredited representatives.

Bay Area (San Mateo and Santa Clara counties):

• CLSEPA: (650) 326-6440, 1861 Bay Road, East Palo Alto. Walk in Monday to Friday, 9 a.m. to 1 p.m. For low income residents of San Mateo and Santa Clara counties.
• Bay Area Legal Aid: advice line 1-800-551-5554.
• Legal Aid Society of San Mateo County, LIBRE program: (650) 517-8936 for attorney appointments. Limited help with VAWA and U visas.
• Tahirih Justice Center, Bay Area: 650-270-2100.
• CORA (San Mateo County) 24 hour hotline: 800-300-1080. Next Door Solutions (Santa Clara County): (408) 279-2962.

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service. More options: Free legal help in the Bay Area.

If you are in danger right now, call 911.

Every paper you gather is a piece of your story told on your terms. You do not need all of it today. Start with what is safe to get.