Which visa can I apply for USA for file a divorce case?

My H4 visa is expired and my hubby is not sending my visa papers . he is forcing me for divorce. right now i am living in India. I want to go USA and file my case. Can I apply a tourist visa and go USA to file my case. Someone said to me Make My Trip organize a USA tour. Is this a good option , I should go USA on a tour and then stay there and file my case. Please give me the advise.

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Best Answer

While there is no direct confirmation anymore (the US embassy in Philippines used to say that B1 is an appropriate visa to "appear in a court trial" but they redesigned the page), it still seems that B1 is the only appropriate visa in your case.

However before doing so, you need to think whether you need to go there yourself, or hire an attorney instead. California is a "no-fault divorce" state. This means - in my non-legal understanding - that the court doesn't bother finding out about why are you really divorcing, and whose fault it is - nor the "fault" is taken into account when property is being divided. Thus the process is less formal, and you're not even required to go to court. Usually hiring the attorney makes sense if you have children (in this case the divorce would have to go through the court), or if you have property worth fighting for, and cannot agree on how it should be divided.

Also if you hire an attorney, the attorney might be able to do the processing without requiring you to be physically present.