The National Law Journal reports on an interesting case involving the Virginia assistant attorney general and his "mail order" Colombian bride. The case involves a divorce action that involves some sordid accusations against the US citizen husband. But the interesting part for me is the question of whether a judge can bar the US citizen from contacting USCIS regarding the immigration status of his wife. The divorce judge tried to bar the husband claiming that he would likely libel his wife. But an appeals court says that this infringes his constitutional right to freedom of speech.

This is actually a fairly common issue. I am contacted not infrequently be a US citizen who is often very angry and is looking to report a spouse to USCIS. Some of these folks are clearly seeking revenge and hoping to get their husband or wife deported. Some are probably genuine in their belief that their spouse was only marrying them for a green card. But in this group, my sense is that they are just deluding themselves because they refuse to admit that they aren't quite the catch that they would like people to think they are. And there are also some that probably are right that they were taken advantage of and the spouse only wanted a green card and the marriage was a fraud.

The problem, of course, is that it is often very, very tought to make the correct call and a DHS officer has to be a bit of a psychologist. No easy task.