Results 1 to 5 of 5
  1. #1
    Join Date
    Apr 2007
    Posts
    11

    Default Can A Tourist Visa Holder Obtain A Divorce In The USA

    Quote Quoting Mr. Knowitall
    View Post
    At risk of repeating myself....
    Hi Mr. Knowtail. Its my first time to post a message in this forum. So I dont really know exactly if I am doing this right.

    My name is Clare from the Philippines. I am married here in the Philippines but do have a boyfriend in the USA. My marriage in the Philippines is unsuccessful and met my USA boyfirend in the internet. I wanted to ask if I can file my divorce in the USA since there is no divorce here in the Philippines. Would a touriust visa holder from the Philippines be given the chance to file divorce in the USA and later marry after divorce has been approved. Please help me.

  2. #2
    Join Date
    Feb 2006
    Location
    NA
    Posts
    242

    Default Re: Tourist Visa Holder Seeking Divorce in the USA

    Please try this forum.

    http://www.expertlaw.com/forums/forumdisplay.php?f=43

    Your question is more about DIVORCE. Most people here are familiary with immigration issues. The people in the DIVORCE forum may know more about your question. You have to find this out first


    Or this other forum

    http://www1.divorcenet.com/bbs/ubbth...oard=50&page=1


    From an Immigration point of view, IF you come to the US on a TOURIST visa WITH the intention of getting married to a US Citizen, Immigration will consider this fraud. If your plan is to Marry, your US Boyfriend has to sponsor you for a FIANCE VISA instead. HOWEVER, I don't know if he could do that while you are still married?? That is a difficult question.

    For anyone else who is reading...If She finds out that she can process the divorce while in the US, Can she come to the US on a Fiance VISA while she is still married, IF the intention is to get a divorce in the US??

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,834

    Default Re: Tourist Visa Holder Seeking Divorce in the USA

    You would not be able to satisfy most states' residency requirements in order to obtain a divorce, and you may end up with a divorce document which will not be respected by the Philippines.

    As mmadsen55 points out, if you enter with a tourist visa with the intention of marrying inside the United States, you risk having your entry being deemed fraudulent. This is even more the case if you intend to divorce and remarry.

    When you apply for a K-1 fiance visa, marriage must be lawful under the laws of the state in which the marriage is to occur. If you are already married, there is no state in which marriage would be lawful.

    I do not personally know of a reason why somebody couldn't enter on a tourist visa, get a divorce as permitted by the laws of any given state, and leave. But as I previously noted, they may not end up with a divorce judgment which will be accepted by their nation of origin. It seems very likely that there would also be complicated service issues in relation to the current spouse. It is questionable that the divorce could be completed within the timeframe of a typical tourist stay. I would suggest that before taking any action, anybody wishing to attempt this consult an immigration lawyer, as well as a family lawyer (divorce lawyer) in the state where they plan to try to obtain the divorce.

  4. #4
    Join Date
    Apr 2007
    Posts
    11

    Default Re: Tourist Visa Holder Seeking Divorce in the USA

    Quote Quoting Mr. Knowitall
    View Post
    You would not be able to satisfy most states' residency requirements in order to obtain a divorce, and you may end up with a divorce document which will not be respected by the Philippines.

    As mmadsen55 points out, if you enter with a tourist visa with the intention of marrying inside the United States, you risk having your entry being deemed fraudulent. This is even more the case if you intend to divorce and remarry.

    When you apply for a K-1 fiance visa, marriage must be lawful under the laws of the state in which the marriage is to occur. If you are already married, there is no state in which marriage would be lawful.

    I do not personally know of a reason why somebody couldn't enter on a tourist visa, get a divorce as permitted by the laws of any given state, and leave. But as I previously noted, they may not end up with a divorce judgment which will be accepted by their nation of origin. It seems very likely that there would also be complicated service issues in relation to the current spouse. It is questionable that the divorce could be completed within the timeframe of a typical tourist stay. I would suggest that before taking any action, anybody wishing to attempt this consult an immigration lawyer, as well as a family lawyer (divorce lawyer) in the state where they plan to try to obtain the divorce.


    Thanks Mr. Knowitall for your reply. Do I understand that you see no problem for a tourist visa holder to file an application for divorce in the USA? And that you are not sure if the permitted stay by INS will be enough to establsih state residency requirements in filing for a divorce? Wht about Divorce in Nevada, I learned it has a no fault divorce and it takes 6 weeks to establish residency requirements? What does your timeframe include? Is it till the application gets approved or becomes final? How long will that be?

    When does it become fraudulent, coz i got my tourist visa 6 years ago and still valid for 4 more years?

    HOnestly, I am thinking of filing a divorce and if approved asked my bf to petition me for K-1. Would the INS require me to return to Philippines until K-1 gets approve. The Philippine law does not honor divorce.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,834

    Default Re: Tourist Visa Holder Seeking Divorce in the USA

    I don't know of a reason why filing for divorce in the US would be a problem, as of itself it would not affect your immigration status. I have not researched the issue in depth, so if you need to be absolutely certain check with an immigration lawyer who has done so.

    I don't think any state would regard a tourist as a legal resident (i.e., having established domicile), although I believe you are correct that Nevada will allow a divorce to somebody who is not domiciled in the state if they have merely resided in the state for six weeks (suggesting presence as opposed to legal residence / domicile). Recall also that your husband will need to be served with divorce papers, and be given time to respond to your complaint for divorce. You should consult a Nevada divorce lawyer about your plan, to confirm that it is possible and to get an estimate of how long it would take to get a divorce judgment.

    A K-1 visa permits you to enter the United States for the purpose of marriage, and requires that you marry within 90 days of entry.

    1. Sponsored Links
       

Similar Threads

  1. G Visas: G4 Visa Holder Marrying G4 Visa Holder Changing His Status Later
    By Marola in forum Business and Employment-Based Immigration
    Replies: 2
    Last Post: 05-14-2010, 09:06 AM
  2. Divorce: Can a Tourist Visa Holder File for a Divorce in the USA
    By babymike_25 in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 08-31-2009, 09:11 AM
  3. Marriage: Green Card Holder Girlfriend with Tourist Visa
    By ineedhelpplease in forum Family-Based Immigration
    Replies: 2
    Last Post: 06-21-2009, 11:23 AM
  4. Marriage: Green Card Holder Marrying an Expired Tourist Visa Holder
    By darwin in forum Family-Based Immigration
    Replies: 2
    Last Post: 01-24-2009, 01:09 PM
  5. Marriage: On Tourist Visa Planning On Marrying A Greencard Holder Fiance
    By maya.ilocana in forum Family-Based Immigration
    Replies: 2
    Last Post: 03-28-2008, 05:34 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Divorce Lawyer
Facing divorce? Get a free consultation with a local divorce attorney.




Untitled Document