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  1. #1

    Default How Can a Foreign National Divorce a Spouse Who Lives in the United States

    My question involves a marriage in the state of: Gujarat, India. I'm an Indian citizen. And my husband is a US citizen living in New Jersey. We got married in India in July 2015. And then he went back to States and filed for CR-1 VISA for me in September 2015, the petition is still under process with NVC. While I already had a B1/B2 visitors visa even before I got married to him. It was a arranged marriage. And I found out after marriage that he had faked his college degree and his job history to me and my family. Moreover he constantly kept fighting with me ever since we have been married. So I am thinking to separate from him now. He doesn't know about my decision yet. Now my question is can I travel to USA currently on my visitors visa and file for a divorce there? Or would it be better for me if I wait till I get my CR-1 visa and then go there and file a divorce? Is annulment an option? Kindly guide

  2. #2
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    Default Re: Divorce

    Quote Quoting Twilightzoned
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    My question involves a marriage in the state of: Gujarat, India. I'm an Indian citizen. And my husband is a US citizen living in New Jersey. We got married in India in July 2015. And then he went back to States and filed for CR-1 VISA for me in September 2015, the petition is still under process with NVC. While I already had a B1/B2 visitors visa even before I got married to him. It was a arranged marriage. And I found out after marriage that he had faked his college degree and his job history to me and my family. Moreover he constantly kept fighting with me ever since we have been married. So I am thinking to separate from him now. He doesn't know about my decision yet. Now my question is can I travel to USA currently on my visitors visa and file for a divorce there? Or would it be better for me if I wait till I get my CR-1 visa and then go there and file a divorce? Is annulment an option? Kindly guide
    As a visitor you cannot file for divorce. Why do you want to be in the US? Why don't you file for divorce in India?

  3. #3
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    Default Re: Divorce

    A visitor can file a divorce case based upon the spouse's residency, but the odds of the case being fully resolved during a one-time visit is minimal. It may be possible to hire a U.S. lawyer to handle the initial matters, get the case filed, and then appear for court hearings -- but even then nobody here can promise you that you'll be able to get by with only one visit to the U.S., and you could accrue significant travel and legal fees if your spouse is not cooperative.

    It does make sense to simply divorce in India.

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