Illegal Alien married in USA

[CuriousHomeOwne]

What is the name of your state (only U.S. law)? Indiana

A person I know went thru a marriage ceremony with an illegal alien and they both signed their license.

She had a child here in the US with this person and now is beginning to have mental issues. She has threatened this person numerous times and mentally and physically assaults her husband. She is threatening to leave the country with the child and never return.

The husband is limited in his actions. He is currently on probation for some past problems and was told by the courts that if he does anything wrong, he will go to jail. To date, he has allowed her to assault him without retaliation because of fear of going to jail. She has threatened to lie to the police about him just to 'destroy him.'

First off, since she is an illegal alien in this country illegally, is the marriage itself valid?

Secondly, if she were to follow thru and leave the country with the child, is that some sort of parental kidnapping considering the child is an American citizen?

Third: What kind of recourse options does the husband have to protect his child from the wife?

BTW, the local authorities have told the husband they do not care that she is illegal and that is not their problem

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana

A person I know went thru a marriage ceremony with an illegal alien and they both signed their license.

She had a child here in the US with this person and now is beginning to have mental issues. She has threatened this person numerous times and mentally and physically assaults her husband. She is threatening to leave the country with the child and never return.

The husband is limited in his actions. He is currently on probation for some past problems and was told by the courts that if he does anything wrong, he will go to jail. To date, he has allowed her to assault him without retaliation because of fear of going to jail. She has threatened to lie to the police about him just to 'destroy him.'

First off, since she is an illegal alien in this country illegally, is the marriage itself valid?

The marriage is absolutely valid.

Secondly, if she were to follow thru and leave the country with the child, is that some sort of parental kidnapping considering the child is an American citizen?

It depends on whether or not the country is a signatory to the Hague Convention (international treaty regarding child custody, amongst many other issues).

Third: What kind of recourse options does the husband have to protect his child from the wife?

BTW, the local authorities have told the husband they do not care that she is illegal and that is not their problem

He can get a divorce and file for primary custody of the child, based on mom being a flight risk. That may or may not get him anywhere.