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

  1. 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.

  2. 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.

  3. 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.

Immigration 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