Help with I-130, Question about Status of Marriage

frank731tr

New Member
Hello, I'm filling out the I-130 for my mother because she wants to petition for my aunt in El Salvador. I have everything in the application filled out except questions 8, 11 and 12. My mother is has never divorced by step-dad but they haven't lived together for about 10 years. She files her taxes as single but on some insurance papers they still come up as married. She wants me to put they're not married, but question 12 asks for the date the marriage ended when neither of the two knows (since they never got a divorce). I'm therefore really confused as to what I should put. Any help would be greatly appreciated. Thanks in advance!
 
For taxes the IRS allows married people to file as single if the couple is legally separated.

But in this context, she has to write Married. If she writes Single they may require her to provide a divorce decree or death certificate.

For 11 and 12, your stepfather should not be listed there, because he is not a former spouse, he is her current spouse. If she has any prior marriages before him, they should be listed for Q11 and 12.
 
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