A "VAWA petition" can mean at least two different things. First, it refers to the Form I-751 petition to remove the conditions attached to a two-year "conditional" green card. If the I-751 is filed as a waiver (without the U.S. spouse's co-petition), it is sometimes referred to as a VAWA petition. Filing a Form I-751 waiver does not impact your ability to sue under the Affidavit of Support. Form I-360 self-petitions are a different matter. A Form I-360 is used by someone who does not already have residency status. In order to have enforceable rights under the I-864, you must have obtained residency status based on an application that included the I-864. So if you can residency based on an I-360 instead, you would not be able to enforce the Affidavit.

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Greg McLawsen
The Affidavit of Support Lawyer TM
Licensed in Washington State
Admitted to F.D.C. for District of Columbia | N.D. Texas
W.D. of Washington | E.D. of Washington | W.D. of Wisconsin

Sound Immigration
113 Cherry St. ECM# 45921 | Seattle, WA 98104-2205
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