What to Do if Your Spouse Steals Your Passport
Hi,
A friend of mine and his wife, won Green Card Lottery a year ago, and after awhile got their US visa stamped on their passports. Soon after getting the visa, his wife came to the US from their country of origin without telling her husband, and took her husband's passport with her to prevent him from following him and entering the US. The husband is stranded outside the US and although the husband can request a new passport from his country of origin, his US visa is gone (and even expired) anyway. He wants to know, whether he'd better report to the US consulate that his passport was accidentally lost (or stolen by for example a thief) or report to them that his wife has stolen it. The couple had long-term issues in their relationships, and the husband does not have any proof that she has done it, but he is sure she has done it.
Some advised him he would better off go with the first solution (i.e. reporting a lots or stolen), because if he goes with the second option, US government may ask him to sue his wife, and since he does not have any evidence, he will lose in the court and be left with his and hers legal fees.
I appreciate it if you could give me your legal advice.
Thanks.
Pipan
Re: What to Do if Your Spouse Steals Your Passport
Your friend should follow the laws of his nation in relation to his passport and how it might be replaced. Once he does that, he will again have a passport.
He can then report the matter to the U.S. consulate, as described here, but should consider speaking to an immigration lawyer about how he will characterize the loss of his visa (loss vs. theft) based upon the full facts of his situation.
He will need to decide if his wife stole his passport, or if it's missing with his having no evidence of its present location.
Re: What to Do if Your Spouse Steals Your Passport