How to remove spouse as derivative in DS-260 without divorce papers?

[Ty Rex 0]

My sister petitioned me and my family. Now that the visa is current, my estranged wife doesn’t want to come with me. when I tried to ‘remove’ her, the system is asking for divorce papers but we are not divorced. There is no divorce in our country. What should I do?

[appleblossom 3,909]

4 hours ago, Ty Rex said:

My sister petitioned me and my family. Now that the visa is current, my estranged wife doesn’t want to come with me. when I tried to ‘remove’ her, the system is asking for divorce papers but we are not divorced. There is no divorce in our country. What should I do?

You could try uploading a letter stating that you cannot divorce (ideally with info from official sources about how it’s illegal) in place of the divorce certificate. If that doesn’t work your wife will need to contact NVC and ask to be removed from the application. 
 

Are you absolutely sure that she won’t want to move though? Are your children moving with you? Another option would be to change her status to ‘follow to join’ in case she changes her mind down the line. 

[Boiler 46,936]

Sounds like there are children involved? Is she ok with them moving?

[Ontarkie 14,872]

I like the idea of follow to join. This way she doesn't get a medical, or interview and can't sneak off on her own once she gets the visa. Once you get to the US and meet the legal requirements to file for divorce you can then send that in to close out the File for Follow to to join option.

Edited Friday at 03:59 PM by Ontarkie

[Ty Rex 0]

Thanks for all the replies. I am new to this and couldn’t figure out how to reply to each of you so I’ll try to address the questions here and I also have follow up questions

 

Our children are over 18 and are “following to join”. At first, I thought to make my wife also “follow to join” but was worried that during interview,  I will be asked why I did not remove her from the petition if we are already separated (even not legally). 

[appleblossom 3,909]

15 minutes ago, Ty Rex said:

Our children are over 18 and are “following to join”. 

 

If they're over 18, then check as I don't think that stops them from aging out - so don't let them wait too long. 

 

Does your wife definitely not want to move? Any chance of reconciliation at all or not?

 

 

Edited Friday at 09:51 PM by appleblossom