[mikiSA]

Current marital status
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Unmarried, married, divorced, widowed, or legally separated.
Enter the name, date of birth, gender, city/town of birth, country of birth of your spouse, and a photograph of your spouse meeting
the same technical specifications as your photo.
Failure to list your eligible spouse will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview.
You must list your spouse even if you plan to be divorced before you apply for a visa.
A spouse who is already a U.S. citizen or a Lawful Permanent Resident will not require or be issued a DV visa, though you will not be penalized if you list them on your entry form. See the Frequently Asked Questions for more
information about family members

Po ovome mora biti legally separated. A definicija je : http://en.wikipedia.org/wiki/Legal_separation