united-states marriage divorce foreign-relations immigration
Should I get divorce before I can marry again in the US?
<p>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.</p>
<p>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?</p>
<p>Can we do our divorce in the US without going to our home country embassy and no need to get any paper from them?</p>
<p>*** 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?</p>

<h2>It is illegal to marry while you are already married</h2>
<p>This is the crime of bigamy in all 50 states.</p>
<p>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.</p>
<p>By the way, don’t cause the death of your husband, that’s also illegal.</p>

<p>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.</p>
