Naturalization, Citizenship Divorce When Not a Citizen?

[desertbloom708]

My friend and her husband are both from another country and have recently obtained their residency (green card). He is abusive, and she wishes to divorce him. She doesn't want the house they co-own. She has been staying with me for the past few days, and I'm worried he will claim abandonment, though she left because he hit her again.

She thinks that because she was married in her home country that she can't obtain a US divorce and must obtain one from her country. But in her country her husband must divorce her; she can't divorce him.

They have both filed their taxes in the US as married, and are registered with the INS as married. Can she proceed with a divorce in New York State? If she gets a divorce will her residency be in danger? (She has never called the cops after his abusive outbursts, much to my chagrin. There is no formal record of him having abused her.)

Any help will be appreciated. He has been lying to her and forcing her to live in fear so long and I really think she has a lot of rights that she doesn't think she has.

 

[Michael Wechsler]

1) Has she contacted police authorities about the matter?

2) Abandonment doesn't just happen overnight.

3) I don't think that her residency is in danger in this instance. I think that the Violence Against Women Act will help, which protects victims of severe domestic violence who married to a permanent U.S. resident or citizen. I believe that the law created a "U Visa" which helps victims not lose their status for a crime that is not their own fault.

Without a doubt, she cannot continue to live in fear. Please make sure she does not. Good luck.

 

[Michael Wechsler]

1) Has she contacted police authorities about the matter?

2) Abandonment doesn't just happen overnight.

3) I don't think that her residency is in danger in this instance. I think that the Violence Against Women Act will help, which protects victims of severe domestic violence who married to a permanent U.S. resident or citizen. I believe that the law created a "U Visa" which helps victims not lose their status for a crime that is not their own fault.

Without a doubt, she cannot continue to live in fear. Please make sure she does not. Good luck.