Hello,
Earlier this year I had married a woman from overseas. She did not inform me that she was out of status on her J1 visa till after we had married. leaving out a lot of the details and to make a long story short, during three months of marriage she was caught red handed cheating twice. After the second instance we decided divorce was the best solution.
After we split I had offered to help her get on with her life in terms of obtaining housing, getting a job and the like. I had already sent off a petition for alien relative so that she could adjust her status and seek perminant residency (but as of today we still havent received a receipt from homeland security). After some delays over minor things beyond my control (like purchasing a particular couch she wanted) she had threatened to go to the courts and make up lies about me to see to it that my son - who I am involved in a custody battle over - was taken from me, if I did not maintain to the schedule she supplied for helping her get on her feet.
At this point I informed her that I did not want to have further contact with her and that she should speak to my attorney. This resulted in an unexpected late night visit to my house where she tried to break in, maced me, then called 911 in an attempt to convince the police that I assulted her. Luckily for me the police saw through the story and she ended up in the back of a patrol car that night on a domestic battery charge.
I retain a close relationship with her father and have attempted to try to find a solution for our problems that gets her out of my life and still allows her to get on her feet. Her father said that he spoke to her at length and she would be cooperative in that regard.
Sadly, it seems as though this wont happen. I had a court date today regarding a domestic violence injunction against her, and she had asked for a continuance to hire council to fight the matter.
She claims to be out of status as she is not working as an aupair as set forth on her J-1. In any event her visa expires in about a month.
No matter what I plan to move forward with divorce ASAP or an annulment if possible.
As she has demonstrated a willingness to do anything she can to get her way, and since it is fairly obvious I was nothing but a greencard and bank account to her - I'm curious if I have any 'nuclear option' if I run into any difficulties in getting the injunction, or worse yet if the injunction isnt enough to keep her away from me and my son?
Can I go to ICE and request or even demand an alien who is out of status be deported? Would an immigration attorney be able to assist in this regard?
any other suggestions or advice would be highly appreciated.
TIA

