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  1. #1
    Join Date
    Nov 2017
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    1

    Default Can a Foreign National Spouse File for Divorce in the U.S.

    I'm from foreign country working in us, got married in My country 8 yrs ago and we have two kids. We were not on aggreable terms for last 2 yrs. my spouse went to family in Our home country, stayed for long period and visa is expired. Now, can't come on my dependent visa. I will go soon and file divorce in My country . Before I go there, can my spouse come on visit visa and file for divorce in the US?

  2. #2
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: Can a Foreign National Spouse File for Divorce in the U.S.

    Why would you want her to?

    You haven't said what state you're in but most states have a minimum residency requirement before one can file for divorce in that state. Since you're here temporarily on business you may not even be able to get a divorce in this country. If you'd like you can schedule a consultation with a divorce attorney in your state to find out all the details.

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

    Default Re: Can a Foreign National Spouse File for Divorce in the U.S.

    If I am to infer from your post that you're in the U.S. on a long-term visa, such as a H1B visa, and you're worried that your spouse might come to the U.S. and file here, that's within the realm of possibility. Even if we assume that there's a U.S. state that would have jurisdiction over your divorce case it would seem unlikely, given that it is difficult to prosecute a divorce case when you have to obtain and enter on a tourist visa for each court hearing that requires your appearance.

    How about preempting the issue by hiring a lawyer in your home country and serving your wife with divorce papers?

  4. #4

    Default Re: Can a Foreign National Spouse File for Divorce in the U.S.

    There are many rights for Foreign National citizens you may not know about that could influence your residency in the United States.

    As per Divorce Source, you’re qualified for a large number of an indistinguishable asset from U.S. citizens. Similarly, as your spouse may hire a legal counselor to help with the procedures, you’re also qualified to utilize an attorney to help you. You are allowed to utilize the court system as you see fit and have the same legal rights doing with divorce as your life partner.

    The primary concern that non-U.S. citizens need to worry about over while divorcing a U.S. citizen is the manner by which it will affect their legal residency.

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