Yes, a person with a "separated" marital status on their passport can apply for a visitor visa to the USA, and they can also apply for their 7-year-old child. However, there are some important considerations and additional documents that may be required:
Visitor Visa Application:
- The woman should complete a visitor visa application (DS-160) for herself and a separate one for her 7-year-old child.
- If the custody of the child is not yet legally determined, it's advisable to provide any court documents or legal paperwork related to the ongoing custody proceedings. This can help demonstrate that she is not attempting to take the child out of the country without proper authorization.
No Objection Letter:
- While it may not be a strict requirement, it's a good practice to have a "no objection" letter from the child's father, acknowledging and allowing the child to travel with the mother. This letter should include the father's contact information and signature, and it should be notarized.
- The woman should gather other supporting documents, such as proof of ties to her home country (e.g., employment, property ownership, family), travel itinerary, and financial documents to demonstrate her ability to cover the trip's expenses.
- During the visa interview at the U.S. embassy or consulate, the consular officer may inquire about the woman's marital status, her relationship with the child's father, and the ongoing divorce or custody proceedings. It's essential to provide honest and clear answers to any questions asked.
Demonstrate Intent to Return:
- The woman should emphasize her intent to return to her home country after the visit. This can help address any concerns about her not returning with the child.
Be Prepared for Questions:
- The consular officer may ask specific questions about the custody situation, travel plans, and the purpose of the visit. Being well-prepared and providing accurate information is crucial.
No Guarantee of Approval:
- It's important to note that approval of a visitor visa is not guaranteed. The decision will be based on various factors, including the woman's ties to her home country and her ability to convince the consular officer that she and her child intend to return after their visit.
But let's hopes be high. In short, she has a chance.