A resident spouse. learning of his or her spouses intent to file for divorce. need only file for divorce first to obtain the advantage in situations where the waiver of the joint petition requirement is being sought. Because the law is newfinal regula. tions appeared in the Federal Register on August 10. 1988and the basis for obtaining a good cause/good faith marriage is vague. it Is not always clear to victims of abuse how the IMFA will be applied to them. The lack of clarity in the law has acted as a deterrent to battered foreign spouses who want to leave their spouses but fear deportation if they do so. A further deterrent is the fact that the divorce proceedings bring the foreign spouse back into the physical proximity of the abuser with potentially serious consequences. While the regulations are just over 2years old. there is no reason to allow more women and men to become victims of domestic violence.
Keywords matched
deportation