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shopaholic

DS160 Marital Status if Annulled?

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Hello,

I just would like to ask if there is anyone here that has a similar situation like me.  I am applying for B1/B2 visa and I'm currently in the process of completing the DS160 form.  I am annulled and this has been approved by the court as of this writing.  I didn't see any option for "annulled" in the marital status so I selected "legally separated".  However, after I entered the information of my parents, next form page appeared to enter my "CURRENT' spouse information.  No option there to select as Former Spouse.  Technically, I am annulled so I do not want to put my ex's name there since the form says "current spouse".  So now I am wondering whether it is right if I entered "legally separated"?  Or should I put "single" instead? 

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an annulment essentially means the marriage never happened.  Single seems more appropriate.  However if you include a country flag on your profile you'll get better options from regional members. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: K-1 Visa Country: Wales
Timeline
57 minutes ago, NikLR said:

an annulment essentially means the marriage never happened.  Single seems more appropriate.  However if you include a country flag on your profile you'll get better options from regional members. 

I would go with divorced.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Definitely not legally separated, as that means you are still legally married which you are not.

Not sure if I’d go with single or divorced, but either of those is explainable as correct if there is no annulled option.

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Thank you all for your reply.  I am from the Philippines and we don't have divorce here in our country.  The only way to get separated is to have an annulment.  I didn't know that "legally separated" means you remain married - though I just did a google search on the internet and confirmed that that is correct.  

 

Do you think Single should be the right marital status?  Since technically having my annulment case granted means the marriage never happened? 

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2 hours ago, shopaholic said:

Thank you all for your reply.  I am from the Philippines and we don't have divorce here in our country.  The only way to get separated is to have an annulment.  I didn't know that "legally separated" means you remain married - though I just did a google search on the internet and confirmed that that is correct.  

 

Do you think Single should be the right marital status?  Since technically having my annulment case granted means the marriage never happened? 

I think you can answer either way. (Divorce also means you were married but are not now, which is more close to what has actually happened in practical rather than technical terms.) 

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Single (or divorced) sounds like the closest match to me.

 

FYI - divorce does exist in PH but only in very limited circumstances (with some muslims), or via a court recognition of a foreign-obtained divorce.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Just now, geowrian said:

Single sounds like the closest match to me.

 

FYI - divorce does exist in PH but only in very limited circumstances (with some muslims), or via a court recognition of a foreign-obtained divorce.

But annulment is really just a legal circumventing of the religious prohibition on divorce, correct?

anyway I am sure this is not the first Filipino to have to answer this, i’m sure locals know what the usual procedure is.

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3 minutes ago, SusieQQQ said:

But annulment is really just a legal circumventing of the religious prohibition on divorce, correct?

anyway I am sure this is not the first Filipino to have to answer this, i’m sure locals know what the usual procedure is.

Depends how you look at it, but that's a common viewpoint. People get annulments in PH when necessary because of the lack of divorce availability. It's just a very long and fairly expensive process.

Agreed - I doubt it will be an issue. Just disclose it just in case.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Timeline

I believe single would be the appropriate answer to use. I also agree that checking the regional forum might help; but as outlined in this thread the choices and options to pick from are based on US concepts - like legally separated. Something they dont have but we do. In the US when you are annulled (court based) you are allowed to use the single category. With an annulment the marriage is considered to never have existed where in a divorce it is acknowledged there was a marriage and it was dissolved. So its more appropriate to check single.

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