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  1. #3
    Join Date
    Sep 2005
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    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.

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