VP 16-1667
Decided by the Board, June 23, 1953
Visa petition — Marriage — Effect of separation — Nonquota status under section 101 (a) (27) (A) of the Immigration and Nationality Act.
(1) The separation of married persons because of the mental illness of the spouse does not affect the validity of the marital relationship which is only dissolved by death or by court decree.
(2) An alien who is separated from his United States citizen spouse by reason of her mental illness is eligible for nonquota status under section 101 (a) (27) (A) of the Immigration and Nationality Act.
BEFORE THE BOARD
Discussion: This case comes forward on appeal from an order entered by the district director denying the visa petition executed by the petitioner, M---- E----, a United States citizen, in behalf of her spouse M---- N---- E----. The record reflects that the petitioner and the beneficiary were married at Santa Ana, Calif., on February 26, 1946. The petitioner and the beneficiary lived together as man and wife from the date of their marriage until February 1952 at which time a separation took place. The reason for the aforementioned separation is that the petitioner was undergoing treatment for a mental illness, to with: an anxiety neurosis. Section 101 (a) (27) (A) defines the term nonquota immigrant as an immigrant who is the child or the spouse of a citizen of the United States.
While the petitioner and the beneficiary are presently separated because of the petitioner's illness, she, the petitioner, is still the spouse of the beneficiary and will remain so until such time as such relationship is dissolved by death or by a court decree. In view thereof, we will enter the following order.
Order: It is ordered that the appeal be sustained.
It is further ordered that the visa petition be approved.