Unfortunately, the wife cannot obtain legal permanent residency through her marriage to a U.S. citizen if her spouse does not want to petition for her, unless she has been physically, mentally or emotionally abused by the U.S. citizen spouse, in which case she can self-petition. If the wife plans on filing as a battered spouse under the Violence Against Women Act (VAWA), based upon allegations of abuse, she should consult an immigration lawyer, as a denial of her petition could result in removal proceedings against her.

