Skip to main content

What should be the Marital Status in DS-160 (F1 Student Visa) when applied for Divorce?

Dallas, TX |

I am in the process of applying for F1 Student Visa to study in USA. I had earlier been to USA on Dependent Visa & stayed for 4 months. Since I and my husband were not compatible we have filed a divorce case on mutual consent. Earlier in DS-160, I had mentioned my status as Married and provided my Husband's details. Now since we have filed for divorce should I state my Status to be married in the form DS-160?

Attorney Answers 3

Posted

Unless you have already obtained a divorce and its final you are still considered married. Sorry.

You can, of course, during the interview mention that you are separated, filed for divorce, etc. but what useful purpose would that achieve? On the contrary, you might have a better chance of obtaining your student visa if the consulate sees that you are married, but yet will go to the US for a temporary study period ALONE (but will later have an incentive to return to her country where her husband will be waiting.. Otherwise, as a newly single person, with no solid family ties to your country, you might "fit the profile" of someone who would want to remain permanently in the US by finding someone in the US, marrying him and applying for a green card.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Mark as helpful

1 found this helpful

5 lawyers agree

1 comment

Asker

Posted

Dear Giacomo Behar, Thank you so much for the advice. I am so glad to hear from you. I am currently living in India for over 8 months now. I understand that I am married until I get the final Divorce Letter. In the DS-160, I need to choose an option for Marital Status. The Options are: Single, Married, Legally Separated, Divorced. My question is do I have to choose the option " Legally Separated" since the divorce case is filed (in India) or as you have adviced earlier would it be better to select the option married? My Visa interview for Student Visa-F1 would be scheduled before the final hearing of my divorce case. I would like to provide some more information: I have been issued US Visa twice: F2- Student Dependent, as my Husband had availed his OPT and last year granted a Dependent Visa-H4 (valid till Sep-2014) (As my Husband's dependent- since he is on H1-B visa) My Husband (still on paper) lives in USA and his H1-B Visa is valid till Sep-2014. Now that I am applying for Student-F1 Visa, inspite of having an H4 Visa, will the Visa Officer at the consulate suspect me as a potential immigrant? I do not want to study on H4 Visa, as the divorce will be finalized very soon. (in a couple of months). My family-Parents are sponsoring my education in USA. Therefore, if the Visa Officer questions me as to why I want to study on F1 and not H4, what should be my best answer? I request you to kindly guide me. Warm Regards, Nandini

Posted

I agree with my colleague. So long as you are still legally married then that you the marital status that you must state on your visa application.

Mark as helpful

1 found this helpful

1 lawyer agrees

7 comments

Asker

Posted

Dear Ingrid Morfa, Thank you so much for the advice. I am so glad to hear from you. I am currently living in India for over 8 months now. I understand that I am married until I get the final Divorce Letter. I would like to provide some more information: I have been issued US Visa twice: 1.F2 Visa-> Student Dependent, as my Husband had availed his OPT 2.Last year I was granted a Dependent Visa->H4 which is valid till Sep-2014 (As my Husband's dependent- since he is on H1-B visa) My Husband lives in USA and holds a H1-B Visa which is valid till Sep-2014. I do not want to study on H4 Visa, as the divorce will be finalized very soon. (in a couple of months). My family->Parents are sponsoring my education in USA. 1. Therefore, if the Visa Officer questions me as to why I want to study on F1 and not H4, what should be my best answer? 2. In DS-160, there is a section which requires information about immediate relatives residing in the US. Now that the divorce has been filed (with mutual consent) should I still mention my husband as an immediate relative? I have no other relatives in the US. I request you to kindly guide me. Warm Regards, Nandini

Ingrid Arnalda Morfa

Ingrid Arnalda Morfa

Posted

First and foremost, always be honest. If they ask why you want to obtain F1 status, you can disclose the reason why. Also, there is the issue of the H4 possibly expiring prior to you completing your course of study. The F1 will be more beneficial to you for that reason. As for your question regarding the disclosure of immediate family members in the states: until you get a divorce he will continue to be your immediate family member. Disclose it as such. Good luck!!

Asker

Posted

Dear Ma'am, Thank you so much for a quick response. If the Visa Officer asks me about F1 when I already have H4 -> I would honestly reply that I do not intend to pursue my studies on H4, as I have applied for divorce and the validity of H4 Visa would expire before the completion of the course. I hope the Visa Officer would understand my situation. I sincerely thank you for the advice. Warm Regards, Nandini

Ingrid Arnalda Morfa

Ingrid Arnalda Morfa

Posted

Don't forget to mention that the H4 might expire prior to you completing your studies. Good luck!!!

Ingrid Arnalda Morfa

Ingrid Arnalda Morfa

Posted

Don't forget to choose a best answer and again, best of luck.

Asker

Posted

Thank you so much

Ingrid Arnalda Morfa

Ingrid Arnalda Morfa

Posted

you're welcome.

Posted

Merely filing for a divorce is not enough to terminate the marriage. The divorce must be final for you to be divorced.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Mark as helpful

1 found this helpful

1 lawyer agrees

1 comment

Asker

Posted

Dear Charles Ferrari, Thank you so much for the advice. I am so glad to hear from you. I am currently living in India for over 8 months now. I understand that I am married until I get the final Divorce Letter. I would like to provide some more information: I have been issued US Visa twice: 1.F2 Visa-> Student Dependent, as my Husband had availed his OPT 2.Last year I was granted a Dependent Visa->H4 which is valid till Sep-2014 (As my Husband's dependent- since he is on H1-B visa) My Husband lives in USA and holds a H1-B Visa which is valid till Sep-2014. I do not want to study on H4 Visa, as the divorce will be finalized very soon. (in a couple of months). My family->Parents are sponsoring my education in USA. 1. Therefore, if the Visa Officer questions me as to why I want to study on F1 and not H4, what should be my best answer? 2. In DS-160, there is a section which requires information about immediate relatives residing in the US. Now that the divorce has been filed (with mutual consent) should I still mention my husband as an immediate relative? I have no other relatives in the US. I request you to kindly guide me. Warm Regards, Nandini

Divorce topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics