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Yes a non resident alien can seek divorce from US Citizen. It is actually to their advantage as they can short cut residency requirement by applying for domestic violence thru the Dept of Homeland Security. If found victim of domestic violence either by physical or mental abuse residency is granted. All that's needed is simply a claim in most cases.

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15y ago
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12y ago

Yes I been divorced for over 10 years now I renewed my visa several years ago . As long as you have job its no problem.

Yes, with a caveat. If you have married a US citizen, and been granted a Permanent Resident Visa due to that marriage, you must wait 2 years before divorcing the US citizen, or your Permanent Residency may be revoked. It will not automatically be revoked, but you will have to show that your divorce was not reasonably avoidable or your fault to retain your visa. Examples of divorce where you will be able to retain your visa: spousal abuse, marriage fraud by your partner, or death of your spouse (not at your hands), or a nebulous "good faith" marriage. The latter is hard to define, and not likely to be granted as an exception.

The long and short of it is this: if you have been married for longer than two years (including any time you were married before obtaining a US permanent resident visa), then you can divorce without fear of losing your green card. If you were married for less than two years, then there is a possibility that it will be revoked and you will have to find another way to obtain a visa.

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15y ago

yes they can, as long as there not from mars and have a marriage license lol

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14y ago

If the US recognizes marriage in the non-US country (I am not aware of any that are not recognized), then yes, you need to get divorced before you can re-marry in the US.

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Q: Can a non citizen divorce a US citizen and stay in the US?
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