Getting divorce prior to two year period due to abuse. Will I get deported?

[pairofjacks]

Thank you in advance for any advice. I'm actually posting this in hope of getting some information for a friend of mine.

She is from Mexico City. Four years ago she met a U.S. citizen while she was still in Mexico. They began having a relationship
while he was working in Mexico. She became pregnant and they got married. This May they'll be married two years. Shortly
after getting pregnant he was done with his contract in Mexico and moved back to the states. After getting married and moving
here she learned that her husband wasn't the person she thought she knew. He became physically abusive, threatening, abused
prescription drugs and illegal drugs. She has a degree and a great job with a pharmaceutical company here in the states. She's
40 years old and doesn't mind if she has to move back to Mexico but would like to stay in the states because her brother and
cousins are here. She has police reports, threatening emails and text messages. She moved out after being beaten by him and
filed a restraining order. She's concerned this will affect her immigration check.

If she divorces this guy will she be deported? What are her options?

Thank you
David

[newacct]

No, she will not get deported. She will have to apply for Removal of Conditions on her own. She should apply on the two bases of divorce and abuse. (The basis of divorce doesn't require abuse, so it is easier to prove; but multiple bases can be selected.) She will need to provide evidence that the marriage was not fraudulent (which is needed for Removal of Conditions in general anyway).

[rayb]

As a followup to newacct's excellent response....

Your friend will not be deported, or even at risk, SO LONG AS SHE FILES FORM I-751 FOR A WAIVER FROM JOINT FILING AND WITH AMPLE EVIDENCE OF HER MARITAL EXPERIENCE. Reviewers will be sympathetic to her situation if her evidence is credible. But she has to meet all standard requirements: filing of forms, showing up at biometrics and interview appointments.

--Ray B

No, she will not get deported. She will have to apply for Removal of Conditions on her own. She should apply on the two bases of divorce and abuse. (The basis of divorce doesn't require abuse, so it is easier to prove; but multiple bases can be selected.) She will need to provide evidence that the marriage was not fraudulent (which is needed for Removal of Conditions in general anyway).