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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 116715
Experience:  Immigration Law Expert
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I am a Nigerian citizen residing in south Africa, i am

Customer Question

I am a Nigerian citizen residing in south Africa, i am currently separated with a south African citizen whom we had a child (Boy) 4 years old together, but the boy stays with me in south Africa, i am interested in applying for a US visa i want to find out if been separated and willing to travel with my son alone will not affect my visa application?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.Your marital status being separated and not divorced could be an issue. Your son is not so much an issue if you have custody over your son. The reason you simply being separated could be an issue is because in the immigration process if there is a possibility your spouse and you could reconcile, then this means he becomes an issue for immigration and would be seeking a visa and if you are already admitted it could be deemed as a manner to circumvent the process by bringin him in on a spousal visa.So you are going to have to satisfy USCIS that he is not going to be seeking spousal immigration status based on you or prove that a divorce has been filed and also prove you have custody of the child. Generally, if you have the proof, then none of these things would be major issues.