1

If two foreigners come to the US with F-1 and F-2 visas, while they got married in their home country, if they file a divorce request in their own country's embassy and it gets approved and they get divorced by their home country's law:

1- Should the dependent person (F-2 visa holder in this case) leave the US as soon as the divorce is accepted in their home country?

2- If the dependent person wants to get married again but with a US citizen within the US, should s/he file a divorce also in the US or is it not necessary?

1
  • 3
    An embassy generally does not have authority to adjudicate divorces in the country it is located in. An embassy can perhaps forward your divorce filing to your home country, but then that brings up the question of whether the divorce can be filed in that country, if neither party is in that country. It which may depend on whether either party is considered to be domiciled in that country.
    – user102008
    May 7 at 18:25

1 Answer 1

1

1- Should the dependent person (F-2 visa holder in this case) leave the US as soon as the divorce is accepted in their home country?

"Accepted" means finalized? Then yes, since your eligibility for status depends on your marriage to the primary visa holder. You're considered married until the divorce is finalized by the laws of the jurisdiction where you're eligible to file for a divorce.

2- If the dependent person wants to get married again but with a US citizen within the US, should s/he file a divorce also in the US or is it not necessary?

You'll need to talk to a family law attorney. California may not recognize a foreign divorce if it doesn't consider you domiciled there.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.