Naturalization, Citizenship help when the citizen spouse refuses to file the petition for ailen spouse

[td2yunnie]

Hi I was wondering about my friends' situation she is a Japanese citizen and she got married to a U.S citizen who is in the military service in 2000. They lived in the States together for about 3 years had a son together but he constantly refused to file petition for her to be a U.S citizen and whenever they had personal problems he would threaten her that he was going to call INS. So unfortunately she was staying as an illegal resident in the States. Few years ago, he wanted to divorce her threatening her to leave the States so she went back to Japan for a year but after he came to Korea for duty station she came over to see him and her son and they got back together. But now, he changed his mind about the marriage and again he kicked her out of the house(she is pregnant w/ the second child) providing her no place to stay, money or transportation. He is still threatening her that he is going to take the custody of her son and never let her see her son again. I learned about "the special filling for an abused spouse" (the Crime Bill Public Law 103-322)and I
was wondering if she is qualified to do that due to the fact that he was mistreating her trying to take advantage of the situation. For example, because she was staying in the US illegally, she wasn't able to get a job or drive were exempt from all the benefits she could get. He even called Military Police on her when she didn't want to leave the house that they were living in
together. So she is still in Korea pregnant without having any shelter or money trying to settle things to keep her right of the custody of her child and get citizenship or Permanent Residence to be able to get a job in the States.
PLEASE REPLY AS SOON AS POSSIBLE AND LET ME KNOW HOW I CAN HELP
THANK YOU VERY MUCH.

 

[NYClex]

This is a little confusing. What is missing but important to know is: How was she admitted to the U.S. after they married, on what visa did she gain entry to the U.S.? You say she stayed illegally, but somehow she must have been admitted.

And from what I read she now is in Korea again. For how long has she been in the States and when did she leave?

To further evaluate this case one would need all these infos.


Generally though, let me say this:
a) I think such a marriage is not worth the name. That lady should get a divorce as soon as possible and go on with her life.

b) There is no provision in the law that could force a spouse to file a petition for the alien spouse. In other words: if the husband doesn't want her to live in the U.S. he just can refuse to sign a petition and there is nothing the alien spouse can do about it.

c) The "battered spouse" exception provides the only way to file herself. But it is important to (i) establish she was battered and (ii) to know the answers to my first questions.

Then the facts of the case would need to be carefully reviewed by an experienced immigration attorney.