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  1. #1
    Join Date
    Oct 2014
    Location
    Khamis Mushait, Saudi Arabia, Saudi Arabia
    Posts
    1

    Default Can You File for Divorce While Present in the U.S. on a Tourist Visa

    I was married in the Philippines in 1981 and got separated in 1987. I have been working in Saudi Arabia since 1984 up to the present so this distance aggravated our situation.
    At present, I have a 10years valid tourist visa to the US and have been there 2x. My question: Is there a possibility to file and obtain a divorce while I am on a tour in the US? and if so allowed, what are my requirements? Please enlighten me.

    Thank you,
    Ate Vi

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Foreigner on a Tourist Visa; Can I Apply for Divorce While in the U.S

    Quote Quoting Ate Vi
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    I was married in the Philippines in 1981 and got separated in 1987. I have been working in Saudi Arabia since 1984 up to the present so this distance aggravated our situation.
    At present, I have a 10years valid tourist visa to the US and have been there 2x. My question: Is there a possibility to file and obtain a divorce while I am on a tour in the US? and if so allowed, what are my requirements? Please enlighten me.

    Thank you,
    Ate Vi
    I think it would be problematic. You have to be a resident of a state for a minimum of six months before you can file for divorce in that state. You would not be able to stay in the US long enough to establish residency for the purposes of divorce.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You File for Divorce While Present in the U.S. on a Tourist Visa

    You need to start by picking the state in which you want to file for divorce and checking its residency requirements -- which, as llworking argues, you probably won't meet. But if you're asking about whether you can file for divorce in the state and county in which your spouse is domiciled, you should be able to file based upon his meeting the state residency requirements. The complication then becomes, will you be able to travel to the U.S. as necessary to appear in court for the divorce proceedings?

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