Is my relationship hopeless??????

[Boiler 44,873]

Lets face it, you would not have read or posted if it was otherwise.

On average there seems a couple of posts a week that fall into this category, this I think will be the 72nd reply.

Perhaps at some point they should be moved to off topic.

[Deputy Purple 1,294]

With all due respect to those who believe our relationship is insincere. I think that I should point out that if her desire was to just to get out of Philippines, she wouuld have stayed with the man she was with before. The German passport and German citizenship is fairly equivalent to US especially when compared to the Philippines. (Sorry US patriots.) She had every opportunity to be with him over the past two years and instead waited in the Philippines for me. She has asked me multiple times to relocate to her country so we can be together, but as I have other obligations here, I just can't. (My son is only 4 and needs his father.) True we didn't have the most noble start to our relationship, but that doesn't mean we don't love each other. It certainly would be easier for me to take if I really believed that she just wanted a green card. Neither of us were looking for a relationship when we found each other, and this is the largest of several huge hurdles we have already overcome. I just hope its the last and we get through it.

I'm making no judgement here, just pointing out the fallacy in your logic:

From your point of view and from many other non-Asian countries point of view the comment about getting to Germany is as good as getting to American might be valid but you have to look at it from a Filipino's point of view. Remember this a country that credits the US with liberating them from the Spanish and Japanese. In WWII the people of the Philippines were brutalized by the Japanese occupation to the point that even the younger generations (my wife is only 26) still carry a deep resentment over it. How many roadways are named after General MacArther? He's a national hero over there while he's mostly forgotten to history in the US.

Regardless of "all things being equal", the idea of America being "the place to immigrate to" is simply put a part of their culture so yes a US Greencard is worth 100 times more than the German equivalent in the Philippines.

The largest of "hurdles" you will encounter is the Fraud issues with the consulate and USCIS having already attempted to immigrate her when she was married and the two tourist visa applications that it appears might have also falsely represented her as not married.

When you tell one lie it leads to another, and in this case the Consulate that interviews her eventually if ever divorced will not take that lightly. Read the rules on Marriage Fraud because that is the charge they will

be coming at you with. Not even sure if there is a waiver available if you could get approved at the consulate.

Marriage Fraud isn't something the she'll be "charged" with. The charge that will be levied against her immigration file is Material Misrepresentation which carries a lifetime ban.

Immigrant Waiver for Fraud or Material Misrepresentation

An alien that seeks to procure immigration documents or entry into the United States by fraud or willfully misrepresenting a material fact is inadmissible. An immigrant waiver is available to such aliens where the refusal of admission would result in extreme hardship to the alien's U.S. citizen or lawful permanent resident spouse or parent

In the end only you can determine if the Relationship is hopeless but her chances of ever immigrating to the US are pretty slim due to the bad choices made by both of you...

Edited September 9, 2011 by Bob 4 Anna

[Tahoma 2,291]

Your Case/Question is to complicated for a member to answer. You need a Immigration Attorney.

Second: You state you have a NOA2.. How did you get the NOA1 which requires both parties are free to marry? What exactly did you say on the I-129F to obtain the NOA1 ? You will need an Attorney if I read your post correctly.

You both must be Legally Free and Able to Marry.

An "NOA1" is just a receipt notice for your payemnt - it does not require anything.

Disagree with this: Why ; The Original 129-F required separate 325-A Forms for the Petitioner/Beneficiary signed in Ink and dated. Proof of disolvement of a previous marridge is to be diclosed and appropriate documents to show that marridge is legally disolved. This was not the case here.

The NOA1 is a reciept if your application was forthfully true but does not avoid what you wrote in your submital in the 129-F Petition. In this case, the 129-F was Fraudulant and was caught by USCIS.

So I think you are wrong (respectfuly) that the NOA1/129-F does not require anything. It requires the truth.

Matt & Bing are correct. The NOA1 shows that the USCIS received the packet.

[Harsh_77 716]

Matt & Bing are correct. The NOA1 shows that the USCIS received the packet.

But what was in the Packet that USCIS received?

Edited September 9, 2011 by Harsh_77

[Tahoma 2,291]

I was under the impression that having an "ongoing relationship" with a married person would do harm to a petition? If this is the case there is no where he would have 3yrs under his belt...i stand to be corrected

Many times here on VJ petitioners have mentioned that they were waiting for their divorce to finalize before they sent in their I-129F packet. Or, they were waiting for their beneficiary's annulment to finalize. I've never heard of it affecting an I-129F approval from the USCIS nor a K-1 approval from the U.S. Embassy Manila. I also stand to be corrected.

[Deputy Purple 1,294]

Matt & Bing are correct. The NOA1 shows that the USCIS received the packet.

Right the NOA1 is nothing BUT....

She signed a document in that packet G325A stating that she was single.

He signed the petition stating that they were both free to marry.

So while the NOA1 doesn't have requirements in and of itself there are requirements to receive a NOA1.

Meeting those requirements in this situation means that they both signed falsified documents.

[RICARDO4EVA2 194]

Right the NOA1 is nothing BUT....

She signed a document in that packet G325A stating that she was single.

He signed the petition stating that they were both free to marry.

So while the NOA1 doesn't have requirements in and of itself there are requirements to receive a NOA1.

Meeting those requirements in this situation means that they both signed falsified documents.

& leave slow learns alone

[Tahoma 2,291]

But what was in the Packet that USCIS received?

I don't know what was in the packet. You will need to ask the OP. My post was meant to correct Tim/Mav's misinformation about the NOA1.

[Matt & Bing 56]

Disagree with this: Why ; The Original 129-F required separate 325-A Forms for the Petitioner/Beneficiary signed in Ink and dated. Proof of disolvement of a previous marridge is to be diclosed and appropriate documents to show that marridge is legally disolved. This was not the case here.

The NOA1 is a reciept if your application was forthfully true but does not avoid what you wrote in your submital in the 129-F Petition. In this case, the 129-F was Fraudulant and was caught by USCIS.

So I think you are wrong (respectfuly) that the NOA1/129-F does not require anything. It requires the truth.

None of the things you listed are considered before the receipt notice is issued. If your check is made out correctly and the petition signed I suppose, the receipt notice will be issued with no further consideration given at that time.

[Harsh_77 716]

I don't know what was in the packet. You will need to ask the OP. My post was meant to correct Tim/Mav's misinformation about the NOA1.

lol..... I m guessing since OP has never answered this

That he sent i-129 package, which would contain if they are free to marry or not etc... and in return OP would reeive NOA1.

Tim/Mav has been saying the same thing thru the post and ppl are just arguing that NOA1 is just recep of your payment.

Yes its recep for the documents one sends and those docs will contain if one has lied on it or not.

[Matt & Bing 56]

So while the NOA1 doesn't have requirements in and of itself there are requirements to receive a NOA1.

What?

Receipt notice requirements: Pay the petition fee. That's it.

Approval notice requirements, too many to list here.

[S_R 148]

None of the things you listed are considered before the receipt notice is issued. If your check is made out correctly and the petition signed I suppose, the receipt notice will be issued with no further consideration given at that time.

...but the NOA2 which the OP got was ultimately based on the tainted information submitted for the NOA1.

We can't build something on nothing.

Two rejected tourist visas and an approved NOA2 (which was hurriedly cancelled by the OP)who knew from day one that he was lying for immigration purposes. we all feel for you but let this slide or you may not like the ###### storm that may follow.

[Matt & Bing 56]

That he sent i-129 package, which would contain if they are free to marry or not etc... and in return OP would reeive NOA1.

No, the receipt notice is in return for the payment. Its not an apporval of anything.

[Matt & Bing 56]

...but the NOA2 which the OP got was ultimately based on the tainted information submitted for the NOA1.

The Approval Notice was based on the information submitted with the petition. It had nothing to do with the Receipt Notice.

Edited September 9, 2011 by Matt & Bing

[S_R 148]

None of the things you listed are considered before the receipt notice is issued. If your check is made out correctly and the petition signed I suppose, the receipt notice will be issued with no further consideration given at that time.

...but the NOA2 which the OP got was ultimately based on the tainted information submitted

We can't build something on nothing.

Two rejected tourist visas and an approved NOA2 (which was hurriedly cancelled by the OP)who knew from day one that he was lying for immigration purposes. we all feel for you but let this slide or you may not like the shiit storm that may follow.

The last i checked there were basically 2 requirements for the K1...

..being single was part of it.