Can I file immigration papers on my own if my wife refuses to file them? 2 Answers as of February 08, 2011

I have been married for more than six years and my wife refuses to send in my paperwork to immigration. Can I file my papers without her?

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Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
If your spouse mistreat you, or are a victim of domestic violence, you can file the paper all by yourself under "VAWA- Form -360". She doesn't have to know you even filed. Be sure to have a mail box address. If your spouse doesn't mistreat you (Simply refuses to file), then you can not file on your own. A VAWA package is very complicated, so be sure to have a good attorney who understand the cycle of violence to help you out. Good luck.
Answer Applies to: California
Replied: 2/8/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
The answer is generally no because your wife needs to be the sponsor. The exception is if you divorce her and you, with help of a lawyer, prove you are abused spouse. Good luck!
Answer Applies to: Florida
Replied: 2/8/2011
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