Usa visiting visa - what to state for marital status column - legally not separated
chandu
(Querist) 27 October 2015
This query is : Resolved
Hello Experts,
I am studying in USA on F1 student visa, I would like to apply Visiting visa for my mother. My mother and father were living separately from past 25 years, they don't have any communication from then.
I grown up with my mother. Now i would like to apply visiting visa for my mother to come USA to visit me. In my mother's passport it was stated as married, with(spouse) my father's details.
While filling DS-160, for the option marital status i was confused with the options (Married,Legally Separated). How to tell the answer to visa officer, Could you please suggest which option do i need to select and proceed further.
Note : We obtained the passport by attaching some annexure obtained from the district collector signed (my mother signed before him as she is living separately from my father).
In passport printed as (married with details).
Please advice.
Thanks,
Chandu
Anirudh
(Expert) 27 October 2015
Dear Mr. Cbandu,
From your post it appears that your mother and your father are living separately with their own volition. In other words, they are living separately without any intervention by any court of law.
If that is true, then for all purposes they are till today husband and wife and their marriage is subsisting.
Even the passport clearly shows the status as married with details.
Therefore in DS-160 you have to show as married. LEGALLY SEPARATED OPTION is not applicable in your mother's case.
chandu
(Querist) 27 October 2015
Thanks a lot for your advice sir. If the Visa officer asks about my father she can convey the same right, does she can say "we are not living together and separately living from 25 years.
Thanks,
Chandu
SAINATH DEVALLA
(Expert) 27 October 2015
They are husband and wife till date and she has to mention as a married woman.The visa officer has nothing to do when the column mentions as married.
Rajendra K Goyal
(Expert) 27 October 2015
Your mother should not hide anything in documents or in interview.
Guest
(Expert) 27 October 2015
Your mother's status is still of a married woman. Living separately has no relevance if no divorce is taken legally. So, mention her as married
Dr J C Vashista
(Expert) 27 October 2015
I agree with expert advise of Mr. PS Dhingra, marital status of your mother is "married", nothing less and nothing more. There is no legal separation they are living separatly at their own volition, which do not affect the marital status.
No need to mention any where other than "married".
K.S.Srinivas
(Expert) 28 October 2015
I agree with Sri Anirudh.
T. Kalaiselvan, Advocate 
(Expert) 01 November 2015
I think that your mother obtained her passport by attaching an affidavit in the format of annexure-K which is required to be affirmed by married applicants who are unable to provide the prescribed marriage certificate or joint affidavit with spouse due to marital discord, separation or without formal divorce decree by the Court or due to total desertion by the spouse.
If this is the case, in the visa application she should tick the option of lEGALLY SEPARATED column because the passport has been obtained on the same grounds though the entire details of her marriage and her spouse has been endorsed in the passport.
In the DS-160, under personal information-1, under the heading Marital status: options from MARRIED SINGLE WIDOWED DIVORCED LEGALLY SEPARATED has been given, you may tick LEGALLY SEPARATED as the answer, this will be more appropriate.
