Is it mandatory to add Spouse in my I-140?


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My wife and I separated and currently under the process of Divorce. She is having her own H1B and living separately.  My company is starting my I-140 application. My Attorney asked for the spouse documents, if any. Since we are separated, I notified him about the status ,and also requested not to include my spouse in the I-140 application. Is it mandatory to add spouse information in I-140 application, if you are "not legally" divorced? Is my I-140 application under risk? Please clarify. Thanks.

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