9 FAM 102.8-1(I)  LEGAL SEPARATIONS AND MARRIAGE TERMINATION

(CT:VISA-1774;   05-24-2023)

a. An applicant is a “spouse” for visa adjudication purposes, even if the parties to the marriage no longer cohabit, if the marriage was not contracted solely to qualify for immigration benefits.  If the parties are legally separated, i.e., by written agreement recognized by a court or by court order, the applicant is no longer a “spouse” for visa adjudication purposes even if the couple has not obtained a divorce.

b. If an individual’s prior marriage has been terminated by a separation that is not recognized by the state in which they reside, the individual must first obtain a divorce from the prior spouse to qualify for an IV.