What Can Be Done if Anything concerning a vindictive spouse?

[LisalovestheUSA 0]

This topic is in no way a reflection of me as you can tell by my signature timeline. However, I know someone who hs been dating as US citizen for nearly a decade. They got married and although they've filled out the paperwork for the I-130/485 several times, the wife has never allowed the immigrant husband to submit it. She has been having an affair with her personal trainer which every knows about since he was fired as a result. She is still having other affairs and she tells him that if he tries to divorce her that she will get him deported. He's been trapped in this situation for 4 years now (the length of their marriage) and last night she got a restraining order against him and claimed that he attempted to hit her. So now he has moved in with some family and is afraid that she is going to act on her words. Is it possible for him to file the paperwork without her since he has proof of all the aformentioned? If anything, what can be done? All advice is welcomed. Thanks VJ!

[Old Dominion 26]

A sad state of affairs!! Probably he will be unsuccessful in trying to adjust his status here. She is the one who must petition for him, and also sponsor him.

[Bobby+Umit 161]

Well, he can be deported right now, since it seems he is out of status, from what you wrote.

What visa did he come in on? Did he enter with inspection?

He might have a possibility to file for VAWA - but he should consult a lawyer to see what the options are.

[TracyTN 237]

Agreed - sounds like he is deportable so he should be careful. If he truly is being abused, then I agree with Bobby_Umit to consider both the VAWA option as well as a qualified immigration attorney.

[LisalovestheUSA 0]

Well, he can be deported right now, since it seems he is out of status, from what you wrote.

What visa did he come in on? Did he enter with inspection?

He might have a possibility to file for VAWA - but he should consult a lawyer to see what the options are.

He came in as a visitor and overstayed his visa.

[Bobby+Umit 161]

Well, he can be deported right now, since it seems he is out of status, from what you wrote.

What visa did he come in on? Did he enter with inspection?

He might have a possibility to file for VAWA - but he should consult a lawyer to see what the options are.

He came in as a visitor and overstayed his visa.

Ok - so his current status is "out of status" but he entered legally. Still could have problems with ICE, but not being EWI works in his favor.

So he should consult with a lawyer and pursue VAWA/Divorce (or even consider to go back home) - his choice.