best route for divorce/status change

[Hattie]

What is the name of your state? Wisconsin
I have two question I hope someone can help with. I am in the US on an expired visa and am engaged to a US citizen I've known for three years. However, I am legally married in UK - since divorce takes so long there, am I able to file in the US? I hope to marry, then apply to change my status. Thanks to anyone who can help!

 

[NickGreen]

Yes mate you can!

You will have to contact the county clerk where you live but almost all US counties/states allow you to file for a divorce even if your spouse is abroad, as long as you are a resident of that US county/state. Service of process is required (which basically means that you have to show your spouse is aware of the divorce petition) so it might take longer than the usual 2 or so months. But having said that, it's best you don't go back to blighty if you have overstayed your visa, that will cause you serious problems! As long as you stay here, get your divorce, then re-marry and file as the spouse of a US Citizen you'll be fine! You may want a lawyer for your divorce, it can be a bit complicated, or you may need one for your immigration petitions, depends on what kind of person you are but don't forget, do not leave until you have your green card!

Nick