Federale,

Are there any provisions within the law that would mandate the obligation for USCs to file for a foreign spouse?

I am seriously pondering the thought of exposing the wrong doer!

Technically no. A sponsor isn't required to file or follow through on a visa application. A visa sponsorship to be binding is a freely entered into agreement. Although in truth it lacks several requirements in a normal contract. Not the least of which is a bargained for exchange or equitable position to bargain from. There was a case on here a short while ago. The would be sponsor was in divorce proceedings and the divorce judge tried to compel the person to sign some papers and he refused. It was later ruled he could not be forced to sign anything.

Even if compulsion were an arguable position there is also the issue of time lapsed. In most situations there are time limits for affecting a legal remedy. If those limits are exceeded its assumed the person waived their right to the remedy.

The one time it does seem to be part of a greater argument is when it applies to vawa. In that it's use is limited to the context of illustrating a controlling environment. There would still be the necessity of showing the application would have been granted if followed through at the time. The opposing side's argument would most certainly be the sponsor knew it wouldn't be approved based on circumstances to explain the failure to file.

No legal obligation to file. However, the unfiled for spouse can self file if spouse refuses to if a K-1 if they were married or a VAWA case.

quote:

Originally posted by federale86:
No legal obligation to file. However, the unfiled for spouse can self file if spouse refuses to if a K-1 if they were married or a VAWA case.

But I missed VAWA! Please see my prior notes. Is there anyway the judge can re-grant VAWA. I do have police reports and statements from counselors about being abused. I might even be able to procure live witnesses to some of the ordeals.

You can petition the court to have your case reopened, just like Obama's Aunt did. However, it is very rare and you know why Auntie got her case reopened.