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help!! DS-0230 question no 9 (marital status)

cutie_jem
02-23-10, 11:54 PM
hello everyone!
i really dont know which box should i check..
my marriage was annulled.. i understand that the choices in question number 9 about the marital status are single(never married), married, widowed, divorced, separated..

my boyfriend already called the hotline regarding this, and they told him to just ask a lawyer...

im from philippines, there's no divorced here, so i can't check the divorced box.. i dont know if i could check the separated box or the single(never married) and just right the number of previous marriage..

please help me... i really need a concrete answer so my fiance and i wouldn't have any problem in the future.. thank you very much...

bduke
02-24-10, 08:28 AM
What did you fiance put down on the I-129F? If he put down you were divorced and provided the certificate of annulment, then there's your answer.

cutie_jem
02-24-10, 09:08 AM
he did not put anything yet in the I-129f.. i just mailed the LOI, he's still waiting for them.. we figured out that we'll just put "single", coz i really am.. my marriage before is void coz of the annulment...we can't put divorced, coz i am not.. and we dont have divorce here, just annulment..
in the DS-0230, i dont know if we can put it as single(never married), divorced or separated... i've already read lots of forums, still can't find the right answer for this.. they all have different answers..

bduke
02-24-10, 01:18 PM
he did not put anything yet in the I-129f.. i just mailed the LOI, he's still waiting for them..

Why did you ask a question on the DS-230 form if you haven't even had the I-129F application mailed off?

I wouldn't risk putting "single-never married". If there is no such thing as divorce in the Philippines, USCIS would know that. If they find a record of annulment and saw that you put you are single and have never been married, they might nail you for misrepresentation.

If it makes you feel better, have your fiance put "divorced" on the form and attach a paper explaining, signed and dated. Be sure to include the annulment certificate (or whatever you get there) with the I-129F packet.

Any other thoughts from anyone else?

Should this thread be moved to the I-129F subforum?

Raven
02-24-10, 01:26 PM
hello everyone!
i really dont know which box should i check..
my marriage was annulled.. i understand that the choices in question number 9 about the marital status are single(never married), married, widowed, divorced, separated..
Of the choices available, 'Divorced' is the closest match to your situation .

TracyTN
02-24-10, 01:37 PM
Could they not write 'annulled' beside or above the divorce checkbox as well?

Raven
02-24-10, 02:22 PM
Could they not write 'annulled' beside or above the divorce checkbox as well?
I don't see why not.

cutie_jem
02-24-10, 03:56 PM
thank you all for the reply.. this is a great help! we'll just check the box for divorced and put a caption annulled for DS-0230.. regarding with the I-129f, isn't it better if he will mark it as single since it doesn't say never married there or should he mark it as divorced too?

i asked the question for DS-0230 coz we thought that we can just put single on I-129f.. but now we're having second thoughts if we gonna mark it as single or divorced in I-129f..

Raven
02-24-10, 04:04 PM
thank you all for the reply.. this is a great help! we'll just check the box for divorced and put a caption annulled for DS-0230.. regarding with the I-129f, isn't it better if he will mark it as single since it doesn't say never married there or should he mark it as divorced too?

i asked the question for DS-0230 coz we thought that we can just put single on I-129f.. but now we're having second thoughts if we gonna mark it as single or divorced in I-129f..

'single' means never married in a context where all other choices are 'married at one time or another'.

bduke
02-24-10, 04:04 PM
I'd put divorced on both. That way everything is consistent.

cutie_jem
02-24-10, 04:17 PM
okay.. that should answer everything.. thank you very much.. :)

aguila99
03-05-10, 11:56 PM
The marital status choices in the application is limited to single (never married), divorced, separated, widow.

If you're from the Philippines and you have your marriage annulled or have ask the court for a declaration of nullity of marriage you will not fall on divorce nor separated because there is no divorce in the Philippines, likewise, your not separated.

The Philippine Supreme Court has distinguish annulment from nullity of marriage:
As regards annulment and nullity of marriage, the Philippine Supreme Court in Suntay vs. Cojuangco- Suntay, G.R. No. 132524, December 29, 1998 made a distinction between void and voidable marriage:
Indeed, the terms “annul” and “null and void” have different legal connotations and implications. Annul means to reduce to nothing; annihilate; obliterate; to make void or of no effect; to nullify; to abolish; to do away with whereas null and void is something that does not exist from the beginning. A marriage that is annulled presupposes that it subsists but later ceases to have legal effect when it is terminated through a court action. But in nullifying a marriage, the court simply declares a status or condition which already exists from the very beginning.

If you apply this decision of the the Supreme Court then if you have a nullity of marriage your - single never married.

aguila99
03-06-10, 12:20 AM
The choices for marital status puts the applicant in a predicament of which is not his/her own doing.

Why don't the US Embassy in their application put a drop down box for civil status - Single (never married), Divorced, Annulled, widow, others (Annulment & the like).

This would make it more clear and transparent.

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