What should be the Marital Status in a DS-160 application?

Asked 10 months ago - Detroit, MI

I'm seeking some guidance on a nonimmigrant B-2 Visa. I called the US embassy, but they cannot give any advice about filling out the app. I am helping someone (from Philippines) fill out the DS-160 application and am not sure what marital status to select?

She was legally married for 4 years, however, for the past 9 years has been physically separated from her Ex, moved on in life, and has had very little contact with him and doesn't know his contact information. Neither has had the money to file for a divorce or legal separation. Should I select "married" because she is technically still married? Or, should I select "other" and simply explain that she is technically married, but has moved on in her life and doesn't consider herself married? I don't think legally separated applies?

Attorney answers (4)

  1. Michael Hugh Carlin

    Contributor Level 18

    4

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    Best Answer
    chosen by asker

    Answered . If the marriage has not been terminated through death, divorce, or annulment, then it is still a legal marriage. It appears that the "correct" answer here would be "married."

    This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC... more
  2. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . If they are technically married, she is married for purposes of that form.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  3. Eliza Grinberg

    Contributor Level 18

    4

    Lawyers agree

    Answered . Married. Unless you withhold some information.

  4. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Technically married ==> equals .... LEGALLY MARRIED .. there is no other way to view this situation.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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