Sometimes domestic violence can occur during a bonafide marriage and the couple never lived together. The victim/self-petitioner meets all of the requirements to VAWA but never lived with the abuser/spouse. Is this fair? Is this what US Congress intended? The victim/self-petitioner will not receive a green card because the victim/self-petitioner was never allowed to live with the abuser/spouse? Can you think of circumstances where a husband and wife have a bonafide or legitimate marriage (according to immigration laws) but is not allowed to live together? I will name a few instances: incarceration, military school, deployment, and long distance relationship immediately after the marriage ceremony. What about when the abuse occured on the honeymoon and there was an immediate separation at the hotel? Did you know that there are five types of domestic violence? Physical, Sexual, Psychological, Emotional, and Economic are the five types of domestic violence. Of the five types of domestic violence, four types can occur without a couple living together. Should USCIS approve a VAWA case when the victim/self-petitioner has proven a prima facie VAWA case without the couple living together?
To learn more about VAWA, go to http://www.whitehouse.gov/sites/default/files/docs/vawa_factsheet.pdf