Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
The fact that you are here on a K-1 (fianc) visa does not prevent you from getting a divorce despite the fact that you are not a citizen. However, you should keep in mind that your green card is conditional for the first two years of your marriage. There is a good chance that if you divorce your husband, you will no longer have status to remain in the United States. You should consult a matrimonial attorney with experience in immigration law before taking any steps.
Answer Applies to: New York
Reeves Law Firm, P.C. | Roy L. Reeves
Yes. Your immigration status will not affect your divorce. However, your divorce may affect your immigration status. Since you are here on a K-1, and just got married, I assume you have either not filed for your permanent resident status or if you have filed, the application is still pending. I also assume you do not have advance parole or work authorization and these documents will require your spouse file affidavits of support and the G28 form, etc. Obviously, if divorcing, those supporting affidavits and bio forms will not be provided for you and you would not be able to secure even a temporary Green Card.
Answer Applies to: Texas
Meriwether & Tharp LLC | Patrick Meriwether
In Georgia, if the Defendant has been a resident of the state of Georgia for at least six months prior to filing the divorce, Georgia can take jurisdiction over the divorce. You should consult with an immigration lawyer as to how such a filing would affect your immigration status.
Answer Applies to: Georgia
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If you have complied with California's minimum residency requirements for a divorce (6 months in the state, and 3 months in the county), you can file for a divorce in California. The fact that you came here on a fiance' visa does not prevent you from getting a divorce.
Answer Applies to: California
Donaldson Stewart, PC | Monica H. Donaldson Stewart
You can get a divorce in AZ if you are resident of the state for at least 90 days prior to filing (you are not required to be a citizen); however, I recommend you speak with an immigration attorney to determine how divorcing will affect your legal status.
Answer Applies to: Arizona
Law Office of Michael W. Bugni | Jay W. Neff
Yes, there is nothing in the divorce law of the state of Washington that would keep you from filing for divorce here if you are currently residing here. However, I would be very concerned about your immigration status. I feel I should urge you to consult an immigration attorney. Given that you said you were only married a few months ago, and given that you are here on a fianc visa, the federal government could take the position that you have to leave the US as soon as you are divorced. Therefore, please consult with an immigration attorney before you do anything rash.
Answer Applies to: Washington
John E. Kirchner, Attorney at Law | John Kirchner
Generally, the answer is yes, if all other requirements concerning residence are satisfied. However, you should consult an attorney experienced in immigration law to be certain you understand the potential consequences of divorce on your immigration status because divorce so soon after the marriage might be interpreted as evidence of fraud in obtaining the fiancee visa.
Answer Applies to: Colorado
Law Office of Margaret D. Wilson | Margaret Wilson
Both parties in a marriage are entitled to a divorce if they want. However, you should consult with an immigration attorney to see what, if any, impact the dissolution will have on your immigration status.
Answer Applies to: California