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Applied as single but i am married but separated, would that affect me..

Discussion in 'Lottery Visas - DV' started by elijiala, Apr 25, 2012.

  1. elijiala

    elijiala Registered Users (C)

    Hi guys, I made a 'little' mistake when i was applying for the lottery. I have been separated from my husband for 4 years now but we are not legally divorced even though we have just started divorce proceedings;the marriage is actually no more and Iv been living like a single person the past 4years so see myself single. I couldn tick divorced because we are not divorced and therefore ticked single. If I get selected would it pose as a problem. I intend to get this divorce sorted as soon as possible. Somebody help pls
     
    Last edited by a moderator: Apr 25, 2012
  2. jayo2k

    jayo2k Registered Users (C)

    you guys have been separated for 4 years, why haven't you divorced yet?
    It might be a problem if they ask about your martial statu but since your "husband" is not coming if you win, i do not think it will be a problem
     
  3. slash_dot

    slash_dot Registered Users (C)

    Hi,
    There is no “Single” option, only “Unmarried, Married, Divorced, Widowed, or Legally Separated”. You could not tick "Divorced" because you were not yet divorced, correct.

    At the time you entered the DV lottery did you have any separation papers? If you did, the correct option would have been "Legally Separated." If not, your only option was to tick “Married”. Simply because the marriage has broken down and you've been living "like a single person" does not mean anything unless it subsists legally. This is because the “Martial Status” question was not a description of your relationship status in a social network like manner; it was a request to provide your legal marital status.

    Even if your divorce came through before you applied, you still would not be “Unmarried” you would be “Divorced,” or “Legally Separated,” if your husband died you would be “Widowed.” You cannot be “Unmarried” again.

    If by “Single” you mean you to say you declared that you were “Unmarried” on your Diversity Visa application form, yes I unfortunately imagine it will pose a problem in getting a visa.
     
  4. Schoolboy

    Schoolboy Registered Users (C)

    Since you ticked divorced as at the time of the eDV program when the court has not formally declared you and your spouse legally separated then you should be fine but if the court has formally declared that you and your spouse are legally separated then your spouse would not be eligible to immigrate as your derivative.I think you should be fine.
     
    Last edited by a moderator: Apr 25, 2012
  5. Concerned_

    Concerned_ Registered Users (C)

    I don't want to be a bringer of bad news, but here is the truth. Not declaring your legal husband at the time of DV entry puts you in almost certain disqualification at the time of visa interview at consulate. Even if you don't list your spouse on the immigration paperwork and a consul finds out that you were married at the time of DV entry, they will reject you visa. And you do not need to take my word for it, read it for yourself in official documentation (Foreign affairs manual) here http://www.state.gov/documents/organization/87838.pdf
    Scroll to section 9 FAM 42.33 N6.6 Derivative Status and read sections "a" through "d".

    There are many examples of unsuccessful interviews where people failed to include their spouses or children. Search on Internet.
     
    Last edited by a moderator: Apr 25, 2012
  6. elijiala

    elijiala Registered Users (C)

    Thanx everyone for ur advice, if i get selected il correct it, would let kcc(or whatever they are called)know aba it and take it from there
     
  7. bibarabab

    bibarabab New Member

    Hey guys I have a question please! well i put in my status 'legally separated' while i am 'unmarried'! i thought that legally separated means single ! will that make a problem for me if i get selected ? please waiting for your answers:)
     
  8. Britsimon

    Britsimon Super Moderator

    Yes it will be a problem. As "legally separated" they will expect you to supply legal paperwork of the separation. I think it is very unlikely they will be flexible on this point - even if you explain it is a mistake. I would expect your case to be disqualified at interview stage.
     
  9. bibarabab

    bibarabab New Member

  10. bibarabab

    bibarabab New Member

    Thank you for your answer dear !
     

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