Accepted Answer

If he has the two year greencard he does need to file an I-751 to remove the conditions on the card. Given that they have three children together, there is not going to be much issue of a good faith valid marriage.

However, in addressing the abuse issue - domestic violence is a deportable offense. But, again, there may be reasons for her to not pursue this - if he remains in the US, she will have a stronger likelihood of childsupport payments, she may have an order of protection that does not allow him to bother her any further, and the child custody arrangments may be made to reflect the history of family abuse and violence, but still allow some father/child relationship if that is what she desires.

She can and should get out of an unsafe marriage, and she can do so with both of them secure that he can do the I-751 paperwork either with or without her assistance, but there is no reason for her to continue on in the marriage. But, again, there may be practical reasons for her to not pursue his removal from the US.

Expert:	Rebecca White
Pos. Feedback:	99.4 %
Accepts:
Answered:	8/29/2009

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