I want to start a fiancee visa for my girlfriend but she is still married to a guy from the UK

U.S. Immigration Legal Advisors in Bangkok, Thailand answers frequently asked complex American Visa questions

Question: I want to start a fiancee visa for my girlfriend but she is still married to a guy from the UK. They were married in the UK in 2009 and now she doesn’t know where he is and can not contact him. We don’t want to put our lives on hold and all Thailand law firms we have spoken to don’t know how to handle a case of divorce when the marriage took place outside of Thailand. You seem to have a lot more experience with visas than other firms so I am hoping that you have run into this situation before. To me it doesn’t seem like it should be uncommon but apparently it is. Please help, you are our last resort.

Answer by U.S. Immigration Legal Advisors in Bangkok, Thailand: A divorce can be obtained through the Thailand Family Court. We must notify the husbands last known place of residence and as the marriage took place in the UK the laws of both the UK and Thailand apply and must be followed to obtain the divorce. As the Thailand judges will not have knowledge of the UK divorce laws we will need to provide a brief. If the husband fails to appear the divorce will be granted by default. Once the divorce is final the fiancee visa application can be started.

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