Can I get a divorce if I came to the US on a fiance visa? 24 Answers as of June 10, 2013

We got married a few months ago, I am not a citizen yet. Can I get a divorce if I am here because of engagement visa?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
Yes.
Answer Applies to: Washington
Replied: 8/5/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Yes, you can if you meet the requirements of New Jersey law.
Answer Applies to: New Jersey
Replied: 7/19/2011
Fredric H. Aaron, Attorney at Law, P.C.
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
Replied: 7/18/2011
Reeves Law Firm, P.C.
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
Replied: 7/14/2011
Meriwether & Tharp LLC
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
Replied: 7/14/2011
    Warner Center Law Offices of Donald F. Conviser
    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
    Replied: 7/14/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    it may hurt your chances of citizenship.
    Answer Applies to: Florida
    Replied: 7/14/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Possibly, but you might also face deportation.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    You can still obtain a divorce but you should talk with an immigration attorney regarding your status post divorce.
    Answer Applies to: Alabama
    Replied: 7/14/2011
    Donaldson Stewart, PC
    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
    Replied: 7/14/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    You may obtain an Ohio divorce if you have lived in the state for six months and in a county for ninety days. Contact a local domestic relations counsel for further information.
    Answer Applies to: Ohio
    Replied: 7/13/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Citizenship is irrelevant to residency for divorce purposes.
    Answer Applies to: Nevada
    Replied: 7/13/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    I am not aware of any reason you could not get divorced here. However, you may want to talk to an immigration attorney to see if it would create any problems as to your immigration status.
    Answer Applies to: Washington
    Replied: 7/13/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You can get a divorce but you may not obtain citizenship.
    Answer Applies to: Oregon
    Replied: 7/13/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    Whether you can get a divorce is up to the stat laws where you are living. Many have residency requirements. Some have much shorter requirements.
    Answer Applies to: Florida
    Replied: 7/13/2011
    Law Office of Michael W. Bugni
    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
    Replied: 7/13/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You must be a resident of the state of California for 6 months and of the county you live in for 3 months to qualify for filing for a divorce.
    Answer Applies to: California
    Replied: 7/13/2011
    John E. Kirchner, Attorney at Law
    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
    Replied: 7/13/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You have to fulfill residency requirement of at least 1 year before a court in CT will have jurisdiction over the case; consult with an Immigration attorney about your status as an alien.
    Answer Applies to: Connecticut
    Replied: 7/13/2011
    Law Office of Margaret D. Wilson
    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
    Replied: 7/13/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    Probably, but the more important question may be whether or not a divorce action will affect your immigration status. If you want to stay here, you need to discuss this with an immigration lawyer.
    Answer Applies to: Pennsylvania
    Replied: 7/13/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    Who ever files needs to be a resident of the state of Nebraska for at least one year prior to filing.
    Answer Applies to: Nebraska
    Replied: 7/13/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You can get a divorce but you also need to consult with an immigration attorney because a family law attorney would not know what effect a divorce might have on your immigration status. .
    Answer Applies to: Georgia
    Replied: 7/13/2011
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney