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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7312
Experience:  Experienced in all aspects of immigration and nationality law.
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We are international graduate student came to U.S. with F1

Resolved Question:

We are international graduate student came to U.S. with F1 visa. She applied for divorce case in Texas, the court considered her a resident in Texas and granted the divorce while the immigration law does not qualify students who hold both F1 or J1 visa. I need help what to do in this case
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Hello, and thank you for your question!

Please note that I earn my living by helping customers like you. In order to get credit for my work today, I ask that you give me a positive rating for my customer service once you have received all the answers to your questions. Keep in mind that this rating is not based on a satisfactory outcome or the state of the law, which I cannot control. If you feel the need to use "poor service" or "bad service," please ask follow-up questions first, so that I can try to help you further.

I don't see your specific question. Can you please ask your question?

Customer: replied 1 year ago.

We are international graduate students came to U.S. with F1 visa. My wife applied for divorce case in Texas, the court considered her a resident in Texas and granted her the divorce while the immigration law does not qualify students who hold both F1 or J1 visa for domcile in the U.S., I need help what to do in this case

Expert:  Expert James replied 1 year ago.
Wael,

I still do not see a specific question. I see the explanation of what happened, but I do not see what you are asking me. Are you asking if she is allowed to file for divorce from you as a F-1 or J-1 student?

What is her status in the US?
Customer: replied 1 year ago.

Yes, I am she is allowed. Her status when she filed was F-1 and untile she got it the status changed to J-1 now.

Expert:  Expert James replied 1 year ago.
Wael,

Yes, she is allowed to get divorce from you, even if she is in the US as a student on F-1 or J-1. Immigration has nothing to do with divorce law, and the divorce has nothing to do with immigration, if she has an independent visa.

So to answer your question, unfortunately there is nothing you can do to stop the divorce, or to have her leave the US after the divorce, if she has her own F-1 or J-1 visa.

I'm very sorry. But remember that I do not write the law and I cannot control the outcome of your case. I am only giving you information.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Customer: replied 1 year ago.

I think our case it is more related with visa eligibility to domicile. It mean if a visitors hold B1/B2 visa came to US for 7 months then the wife can ask for divorce and stay in the U.S.?

Expert:  Expert James replied 1 year ago.
Wael,

The immigration system does not get involved in marriage, unless one person is dependent on the other person for their visa. So if your wife was on F-2 or J-2 to your F-1 or J-1, then it would be a problem.

Also, a B1/B2 visitor visa holder can get a divorce while in the US. However note that a F-1 or J-1 holder is in the US for a longer period of time, and therefore can establish domicile in the US and get a divorce.

For the purpose of divorce, "residence" is different than for the purpose of immigration. Each state determines the rules for divorce, and the state in which a person resides is their state of residence.

So again, there is nothing you can do to stop this, in terms of immigration. The state has granted her the right to divorce you and granted her the divorce.

I'm very sorry.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7312
Experience: Experienced in all aspects of immigration and nationality law.
Expert James and 3 other Immigration Law Specialists are ready to help you

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