Immigration Law Questions? Ask an Immigration Lawyer.
Thank you for your question.
Your boyfriend can file a petition for divorce. If he is unable to serve his wife (because he does not know where she is), he can explain this to the court, who may allow him to serve her via publication in the newspaper. Either way, it is very possible that the judge will allow the divorce proceedings to move forward. Especially if she has been gone a significant period of time.
Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.
It is unlikely that getting a divorce will get him into trouble, especially if he has already admitted to the fraud.
He will want to go to the courthouse in the county in which he lives to find out if they have forms for divorce. Some courthouses even have family law self help centers where they will give you the forms that you need.
It is really going to decide on the court's calendar. It may take time for the court to decide that service via publication is alright. The court may also have a full calendar, in which case the matter may be set out months. You may want to anticipate the process taking anywhere from three to six months.