Home > Research Legal Advice > Immigration > Can foreign spouse force support from an american spouse?
Asked over 3 years ago - Grants Pass, OR
FlagAn American man married a filipino woman in the Philippines. He told her to quit her (good) job as he would bring her to the U.S.. He never brought her to the U.S.. He suported her and her minor child (not his) for approximately 9 years while visiting her about 6 weeks per year. The rest of the time he was self employed in the U.S.. He recently abandoned her abruptly without support or a divorce. He had been married multiple times before. She can not find a job or afford an annulment. Is there any process by which she can force her husband to support her and provide her with a divorce? She has relatives living in the same geographical area as her spouse, willing to aid her with legal costs and managment.
Your family should consult with a good family and divorce lawyer where the U.S. citizen husband lives. Most state courts will permit a legal action to be filed where at least one of the parties to the lawsuit reside in the jurisdiction. Once your husband is served with process he will be subject to orders of the court that could require him to provide financial support. If your family attorney needs you to be present for the proceedings, you could apply for a visitors visa at the U.S. Embassy in Manila. Since the situation will be a bit unusual for the consulate, you should consult with an experienced U.S. immigration attorney who can work in conjunction with the family lawyer and advise you on applying for the visa.
Scott D. Pollock
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Was she abused by her husband? If yes, you might want to look into a VAWA petition that will allow her to get a greencard to come to the US. Read about VAWA petitions here:
http://www.peerallylaw.com/en/content/view/81/200/
Good Luck
Shah Peerally
Founder and Managing Attorney of Shah Peerally Law Group PC
Law Firm Deals in Immigration law, Bankruptcy & Debt Relief
http://peerallylaw.com
37600 Central Ct, Ste 201,
Newark CA 94560
510.742.5887
info@peerallylaw.com
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