• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Travel outside USA before divorce process

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

kataybaa

Junior Member
What is the name of your state (only U.S. law)? Virginia

I am a Thai citizen and I married a US citizen whilst on a tourist visa 5 months ago in the State of Virginia. I want to travel outside the USA now as I no longer want to be married. My tourist visa ran out at the end of April 2009. Can I travel outside USA and then come back later to divorce my husband? How long would it take and can I get back into USA to make the divorce happen as soon as possible? Thank you
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Virginia

I am a Thai citizen and I married a US citizen whilst on a tourist visa 5 months ago in the State of Virginia. I want to travel outside the USA now as I no longer want to be married. My tourist visa ran out at the end of April 2009. Can I travel outside USA and then come back later to divorce my husband? How long would it take and can I get back into USA to make the divorce happen as soon as possible? Thank you
This is a little tricky, if I'm understanding that you haven't even applied for residency yet.

Without an advance parole document it's unlikely that you'd be able to reenter, for a couple of reasons:

1. You're technically out of status because your tourist visa expired and,

2. You/your husband haven't yet filed for residency and,

3. Advance parole is generally only issued to those who are either already a permanent resident, those with conditional residency, or those who have a pending application. Even then, it's not a guarantee that you'd be able to reenter.

You'd be best advised speaking with an immigration attorney before you depart to ensure that you can return.

There's a lot more information on advance parole and other travel documents here:

USCIS - Emergency Travel
 

kataybaa

Junior Member
Divorce without being in the USA?

Thank you for your advice. Yes it is very tricky. Do you know if I have to actually be in the USA in order to get divorced or can I do it from outside the country. My husband resides in Virginia state? thanks you
 

Ohiogal

Queen Bee
Thank you for your advice. Yes it is very tricky. Do you know if I have to actually be in the USA in order to get divorced or can I do it from outside the country. My husband resides in Virginia state? thanks you
You can establish residency in your home country and get divorced by their laws. You can hire an attorney in Virginia to get a divorce there. Your home country will NOT have jurisdiction over your hubby though. Virginia would.
 

kataybaa

Junior Member
Thank you for your advice - we would like a no fault divorce, have only been married for six months and do not have any children or joint property. If I am in the UK on a tourist visa am I still able to handle the divorce process with my husband who lives in Virginia without having to go back to USA or back to my home country Thailand?
 

LdiJ

Senior Member
Thank you for your advice - we would like a no fault divorce, have only been married for six months and do not have any children or joint property. If I am in the UK on a tourist visa am I still able to handle the divorce process with my husband who lives in Virginia without having to go back to USA or back to my home country Thailand?
If the divorce is filed in Virginia and you have an attorney representing you, yes, that would be possible.
 

logi1

Junior Member
One question is begging to be asked here:

Was this a green card marriage ? Are you getting a divorce and want to be able to become a US resident and maybe a citizen in the future ? If this is so, be advised that INS or whatever its name is today, will not be very sympathetic to your status. I am going to go out on a limb and say, you may have difficulty getting back to USA on a tourist visa if you applied for a "change of status" and started your green card process and immediately filing for divorce.

Should this be a sham marriage to obtain a green card and get caught by the Immigration authorities one way or another, both you and your soon-to-be-ex-husband might go to jail for fraud.

So, before posting a reply or pursuing the issue any further in a public forum, which may be used against you as evidence, think twice is my advice to you.
 

LdiJ

Senior Member
One question is begging to be asked here:

Was this a green card marriage ? Are you getting a divorce and want to be able to become a US resident and maybe a citizen in the future ? If this is so, be advised that INS or whatever its name is today, will not be very sympathetic to your status. I am going to go out on a limb and say, you may have difficulty getting back to USA on a tourist visa if you applied for a "change of status" and started your green card process and immediately filing for divorce.

Should this be a sham marriage to obtain a green card and get caught by the Immigration authorities one way or another, both you and your soon-to-be-ex-husband might go to jail for fraud.

So, before posting a reply or pursuing the issue any further in a public forum, which may be used against you as evidence, think twice is my advice to you.
This certainly doesn't sound like that to me. It doesn't sound like the OP has or had any expectation of remaining in the US.
 

kataybaa

Junior Member
Thank you for your advice, no I don't intend to come back to seek residency in the USA. I made a big mistake by marrying someone and want to get away from this person and leave the country. I have an application in to extend my temporary visa in the USA but that is only because I want to be able to return to complete the divorce if this is necessary - if I can divorce without returning to the USA then that would be better of course. We don't have any shared property or children so do you know if I need a separation agreement in order to effect the divorce after six months instead of the 12 months that I understand is the usual separation period before divorce is allowed? thank you
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top