Presumably, you could sue someone over anything, the question, is, is it worth it? In this case, it is not. ICE can prosecute him if they have evidence to believe that he committed marraige fraud. In order to get divorced, you should contact your local Legal Aid office, which for a nominal fee, can assist you with this.
He will likely be put into removal proceedings whether or not you are divorced.
Charles H. Kuck
Kuck Immigration Partners LLC--The Immigration Law Firm
8010 Roswell Road, Suite 300
Atlanta, GA 30350
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