You have to give status as judicially separated but not divorced
Ambiguity in martial status for submitting H1B application (DS160 form)
I have got selected for H1b visa. I will now have to fill DS160 form wherein I have to declare my marital status. I have been divorced once in 2017 December. Post that I re-married at a temple (Photo proof exists) but there is no certificate of marriage. This marriage lasted 3 months and the girl departed on 14th March 2021. Since then we have been living separately and have agreed to a mutual separation (But proceedings not yet started) I have to declare my marital status in the DS160 form. What status should I give in the form - Divorced or Married?
Asked 4 years ago in Family Law
Religion: Hindu
10 Answers
You should mention you are married
non registration does not affect validity of marriage
As long as there is no legal divorce, your marriage is subsisting. Your marital status is married, any suppression of marital status can amount to misrepresentation and on that ground grant of visa can be in trouble. After on mutual consent divorce, which can be given even from U.S. through GPA you can change your martial status.
Since your second marriage is also on the verge of collapse and no question of reconciliation, you may better not reveal your marital status as 'married', instead you can mention it as 'single' alone
Besides you do not have proof of marriage to prove that she is your spouse, there is no necessity to disclose the details.
You can simply state the marital status as 'divorced' if you have the divorce decree obtained through court of law.
Dear Client,
Your status should be mentioned as Married since not yet registering your marriage and getting a certificate does not change the fact that you are currently married and not mentioning your real marital status might amount to suppression of material fact which might also be punishable.
Thanks & Regards
Thanks for your earlier replies. 1) If I write divorced (My first marriage status) will this be ok to the embassy as they will not be informed about the 2nd divorce proceeding (Which will commence soon)? 2) If I write married then will I have to show any document to prove it or face any questioning regarding my wife at the US embassy when they will call me for the interview (Which I will be unable to do as she will not co-operate now)?
Asked 3 years ago
Since you cannot prove your subsequent marriage by documentary evidence, you need not disclose about it, instead you can very well mention your marital status as "divorcee".
1. Its not correct status
2. Yes marriage certificate
You should write you are married
2) at most you would be called to produce your marriage registration certificate
Dear Client,
1. You cannot be considered divorced unless you sucessfully obtain a decree of divorce.
2.If you have documents to prove your marriage happened, there is no valid reason to hold back and non co-operation of wife is secondary issue.
Thanks & Regards
- Since, the marriage was solemnized as per Hindu ritual and custom in the temple , then legally she can claim to be your wife , and hence you should mention as married .
- Concealing the true facts , sometimes create problem , specially when she will approach the court for getting mutual divorce.
