Married but separated- how to fill forms? (split)

[Warren88 0]

I have won on the DV lottery and had stated in my application that i am married.Now me and my wife are about to seperate but here in Zimbabwe it takes a long time before one can get a divorce certificate.How do i feel out the KCC forms since her and our son are already part of my application.

[Janelle2002 3,865]

If you are married, you are married. You do not want to write incorrect information. Is there not a box for married but separate. And if not, you should indicate married and write you are separated. You don't want the discrepancies.

[SusieQQQ 11,584]

I have won on the DV lottery and had stated in my application that i am married.Now me and my wife are about to seperate but here in Zimbabwe it takes a long time before one can get a divorce certificate.How do i feel out the KCC forms since her and our son are already part of my application.

If you are married, you are married. You do not want to write incorrect information. Is there not a box for married but separate. And if not, you should indicate married and write you are separated. You don't want the discrepancies.

Just be careful, if there is a box for "separated" it will be for a legal separation, which it does not sound like the OP has.

Warren, fill in the DS260 as married but state that your wife will not be immigrating with you, in the question that asks which family members will be immigrating with you.

Edited August 1, 2014 by SusieQQQ

[Warren88 0]

ok thanx for you responses,but if i fill in that she will not be travelling with me won't that raise a lot of questions come my interview date as to why she will not migrate with me?

[rita2109 1]

I think you should state that you are married, in legal terms you are. If you get your divorce before the interview, contact the KCC and ask them to open your form and change the status from married to divorced. When you state that you are divorced you need to indicate when and where you got your divorce. But anyway, for now I think that you need to say that you are married

[SusieQQQ 11,584]

ok thanx for you responses,but if i fill in that she will not be travelling with me won't that raise a lot of questions come my interview date as to why she will not migrate with me?

Well if they ask just tell them the truth - you are separated and in the process of divorcing. Why do you think that should be a problem??

[Sm1smom 242]

Just be careful, if there is a box for "separated" it will be for a legal separation, which it does not sound like the OP has.

Warren, fill in the DS260 as married but state that your wife will not be immigrating with you, in the question that asks which family members will be immigrating with you.

Well if they ask just tell them the truth - you are separated and in the process of divorcing. Why do you think that should be a problem??

Susie's responses are spot on. Unless you're legally separated, you are required to still go ahead and list your marital status as married. Take a look at 9 Fam 40.1 N1.6 Legal Separation Versus Marriage Termination where it says for immigration purpose your spouse is still considered as your spouse even if you've both mutually agreed to be separated and are no longer living together unless you have a written separation document legally recognized by the court of law in your applicable home country.

http://www.state.gov/documents/organization/86920.pdf