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I am in the US with F-2 visa. My husband and I are not US citizens or Green Card holders. We are here with F-1 and F-2 visas and our marriage happened in our home country.

Now I want to marry with a US citizen. What is the procedure I must do? Is it necessary to go to my home embassy in the US and request a divorce there. Then after it accepted and happened, take this paper to a US court to get permission to marry again?

Can we do our divorce in the US without going to our home country embassy and no need to get any paper from them?

*** Should I leave the US after getting divorce and apply for a new marriage visa from outside of the US or I can do it inside the US immediately after getting divorce with no need to leave the country?

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    A side concern: a change in your marital status may also affect your immigration status. Since an F-2 Visa is a spousal visa, your divorce will cause you to no longer qualify to hold that visa. You may need to consult an immigration lawyer to be sure you don't find yourself removed from the country and returned to your country of origin. Dec 9, 2021 at 12:22
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    Another side concern: A divorce in one country is not automatically acknowledged by a different country. This can go both ways (a divorce in your country of nationality may not immediately be recognized by your U.S. state of residence, and vice versa). In 2006, the American mother of my child was in a "limping marriage" here in Germany until her "Certificate of Divorce Absolute" from Massachusetts arrived and was officially certified ("either party may marry again as if the other were dead", which was oddly satisfying). Things have improved since then though. Dec 9, 2021 at 14:56
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    Man something smells fishy about all of this.
    – JonH
    Dec 9, 2021 at 23:12
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    @zibadawatimmy: On top of that, this pattern of circumstances (divorce followed by remarriage to a US citizen, while on an F-2 visa) is likely to prompt US immigration officials to look very closely at whatever OP is doing. If they think the new marriage is a sham, then things can get very complicated and messy to resolve, regardless of whether the marriage is genuine and regardless of whether OP fills out all the paperwork correctly. OP should absolutely consult an immigration attorney.
    – Kevin
    Dec 9, 2021 at 23:58

2 Answers 2

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Divorce in the US is governed by state law, so it depends on what state you live in. However, the basic requirement is that you be a resident of that state. In the state of Washington, there is no specific time requirement but in some states there can be a requirement to have lived in the state for 90 days or some other figure. A divorce does not involve permission from the jurisdiction where you were married. There is, of course, no guarantee that your home country will recognize the legality of a US divorce if it is contrary to their laws.

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    Also, while a valid U.S. divorce isn't automatically recognized in another country, in practice, it would be very unusual for another country not to recognize a U.S. divorce secured by a couple that was legitimately residing in the U.S. (as opposed to being on a brief visit to the U.S.).
    – ohwilleke
    Dec 10, 2021 at 0:31
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It is illegal to marry while you are already married

This is the crime of bigamy in all 50 states.

A marriage ends with the death of one of the couple, a divorce or (in some very limited circumstances) an annulment. The US will recognise any of these wherever they happen so it’s your choice whether you get divorced in your home country or the US.

By the way, don’t cause the death of your husband, that’s also illegal.

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  • Thanks for answer. Can we get divorce in the US with no need to go to our home country embassy? Dec 8, 2021 at 21:48
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    If you reside in the US, yes. Whether that divorce will be recognised in your home country is another question.
    – Dale M
    Dec 9, 2021 at 2:49
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    ... that's also generally illegal. Dec 9, 2021 at 17:33
  • @Deduplicator Actually a fair point (although not really in this fact pattern). I have people using medical powers of attorney and declarations as to medical and surgical treatment who get really concerned about legal implications for pulling the plug on a basically brain dead loved one on life support.
    – ohwilleke
    Dec 10, 2021 at 2:37
  • don’t cause the death of your husband, that’s also illegal — voluntary passive euthanasia can be legal? As can genuine accidents (not "accidents", of course).
    – gerrit
    Dec 10, 2021 at 9:00

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