Is my relationship hopeless??????

[Tahoma 2,292]

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.

Bob...With all due respect...my post had nothing to do with the truthfulness of the packet. I simply pointed out that a NOA1 is acknowledgement by the USCIS that they received the packet.

However, in regards to truthfulness of the packet, I think the OP is sending a mixed message. On the one hand, he claimed his beneficiary was married. Then he claimed in a susequnt post that he believed the marriage was only ceremonial.

I'm still wondering how his beneficiary could have thought her marriage was only ceremonial. Since it turns out after all that she was legally married, didn't she have to sign a marriage license in Singapore? Is it possible in Singapore to get legally married yet think it's only a ceremonial marriage event? I hope some VJers who were married in Singapore will chime in about this.

The best case scenario for the couple is that they could have a lot of explaining to do if their case ever reached the Embassy level.

[Tahoma 2,292]

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.

No, that's not what Tim/Mav was saying.

...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.

...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.

You are talking about a different issue. It's plain and simple, the USCIS does not adjudicate an I-129F packet until after they send a NOA1.

[Harsh_77 718]

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

I know it is not the approval, but one has to send some forms in order to receive his/her NOA1.

All Tim/Mav has been saying is the OP either lied on those forms that both were free to marry when infact she was not and that was already with USCIS, so it not like OP can go and make changes to it.

[Harsh_77 718]

No, that's not what Tim/Mav was saying.

I could be wrong but that what the impression I got is Tim/Mav was talking about the forms that are sent in order to receive NOA1. On those forms OP and his other half both marked saying they were single and good to get married.

I agree USCIS does not look at the content of the packet nor the information in the forms when they send you NOA1, but if one gets caught and officals start going back on the all the forms they will find the OP had lied from the start.

You are talking about a different issue. It's plain and simple, the USCIS does not adjudicate an I-129F packet until after they send a NOA1.

Edited September 9, 2011 by Harsh_77

[Tahoma 2,292]

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 ?

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.

Here is Tim/Mav's misinformation. The I-129 packet is not adjudicated before a NOA1 is sent. As a matter of fact, Tim/Mav contradicts himself by saying that the USCIS caught the alleged fraudulent information, when in fact they did no such thing. If the USCIS had caught the fraudulent information, how could the OP have received the NOA1 that Tim/Mav claims is dependent upon the truth? Going a step further, how could the OP have received a NOA2 if the USCIS had caught the fraudulent information?

I know it is not the approval, but one has to send some forms in order to receive his/her NOA1.

All Tim/Mav has been saying is the OP either lied on those forms that both were free to marry when infact she was not and that was already with USCIS, so it not like OP can go and make changes to it.

You missed the point again. As you can see, that is not all Tim/Mav was saying. He plainly posted misinformation not only about the NOA1, but also about the USCIS catching the alleged fraudulent information.

[Deputy Purple 1,294]

What?

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

Approval notice requirements, too many to list here.

It's actually quite on topic, they submitted documents that contained false information. That's how they received both the NOA1 and the NOA2.

The requirements for NOA1 are submit a I-129f, 2 G325As, supporting evidence and pay the fee.

The NOA2 requirements are that the submitted documents establish that a) both petitioner & beneficiary are free to marry at the time of submission and b) they have a relationship where they intend to get married.

At the end of the day they are both guilty of Material Misrepresentation but she is the one who will receive the lifetime entry ban.

[Deputy Purple 1,294]

Bob...With all due respect...my post had nothing to do with the truthfulness of the packet. I simply pointed out that a NOA1 is acknowledgement by the USCIS that they received the packet.

I agree the NOA1 has nothing to do with the truthfulness but we have seen several threads where incomplete packets are rejected (no NOA1) so I think we can assume that the bare minimum was provided: I-129f, 2 G325As and at least 2 of those documents contained Misrepresentation of Material Facts which WOULD BE UNCOVERED AT THE CONSULATE STAGE.

However, in regards to truthfulness of the packet, I think the OP is sending a mixed message. On the one hand, he claimed his beneficiary was married. Then he claimed in a susequnt post that he believed the marriage was only ceremonial.

I agree here also.

I'm still wondering how his beneficiary could have thought her marriage was only ceremonial. Since it turns out after all that she was legally married, didn't she have to sign a marriage license in Singapore? Is it possible in Singapore to get legally married yet think it's only a ceremonial marriage event? I hope some VJers who were married in Singapore will chime in about this.

It's obvious that the beneficiary didn't really think the marriage was ceremonial only or she wouldn't have told the petitioner that they would be okay since her marriage wasn't registered with NSO.

I think there is more going on here than we're being told.

The best case scenario for the couple is that they could have a lot of explaining to do if their case ever reached the Embassy level.

The more I think about it the more I think if he goes through all of the effort to get her here then his story will have a sad ending. At the best she is easily manipulated to the point that she ended-up married to a man she didn't love, at the worst she is shopping for Legal Residency in another country.

I hate to pass judgement on someone I have no first-hand knowledge of or experience with but my gut just says something is missing here.

[Harsh_77 718]

Here is Tim/Mav's misinformation. The I-129 packet is not adjudicated before a NOA1 is sent. As a matter of fact, Tim/Mav contradicts himself by saying that the USCIS caught the alleged fraudulent information, when in fact they did no such thing. If the USCIS had caught the fraudulent information, how could the OP have received the NOA1 that Tim/Mav claims is dependent upon the truth? Going a step further, how could the OP have received a NOA2 if the USCIS had caught the fraudulent information?

You missed the point again. As you can see, that is not all Tim/Mav was saying. He plainly posted misinformation not only about the NOA1, but also about the USCIS catching the alleged fraudulent information.

I think we all are on same page we are just using different terminology - anyway I believe they got caught when they could not produce her NOC or clean CENOMAR, so the point is she was never legally allowed to marry and she has put she is free to marry and has signed it and dated it.

Going back it would be from 1st form sent to USCIS.

This case is complicated, I asked OP but he has never responded, what if his wife would file for divorce in Phillip? I am guessing her ex-husb is in Germany, either he has to show up or no show and case would go in her favour.

I am not sure of legality and jurisdiction of Phillip judge over a marriage that was performed in Singapore.

OP has 2 major issue:

1. Getting this divorce

2. Misrepresentation

Edited September 9, 2011 by Harsh_77

[Tahoma 2,292]

I agree the NOA1 has nothing to do with the truthfulness but we have seen several threads where incomplete packets are rejected (no NOA1) so I think we can assume that the bare minimum was provided: I-129f, 2 G325As and at least 2 of those documents contained Misrepresentation of Material Facts which WOULD BE UNCOVERED AT THE CONSULATE STAGE.

If the beneficiary's marriage was legal, and the petitioner believed it to be ceremonial, would he be guilty of misrepresentation? On the other hand, if they both believed the marriage to be ceremonial, would either of them be guilty of misrepresentation?

It's obvious that the beneficiary didn't really think the marriage was ceremonial only or she wouldn't have told the petitioner that they would be okay since her marriage wasn't registered with NSO.

Her statement can be interpreted both ways. If she thought her marriage was only ceremonial, she could honestly make the same statement about her CENOMAR.

I think there is more going on here than we're being told.

So do I, brother BOB !!! And I think it's on her end of things.

The more I think about it the more I think if he goes through all of the effort to get her here then his story will have a sad ending. At the best she is easily manipulated to the point that she ended-up married to a man she didn't love, at the worst she is shopping for Legal Residency in another country.

I think he may be the one who is easily manipulated. The chances that she's either shopping or scamming: moderately high.

I hate to pass judgement on someone I have no first-hand knowledge of or experience with but my gut just says something is missing here.

Yup...the OP has been awfully quiet. Maybe he's busy asking his sweetie some tough questions.

[Deputy Purple 1,294]

what if his wife would file for divorce in Phillip? I am guessing her ex-husb is in Germany, either he has to show up or no show and case would go in her favour.

I am not sure of legality and jurisdiction of Phillip judge over a marriage that was performed in Singapore.

Harsh, there is no divorce in the Philippines. If a Filipino is married to a foreigner and the alien spouse initiates divorce then the Filipino spouse can file for judicial recognition of that divorce in the Philippines. If the alien spouse won't initiate divorce then their only option is to file for annulment.

FWIW, divorce can be filed where you live regardless of where the marriage was performed with the Philippines being the only exception.

[Tahoma 2,292]

I think we all are on same page we are just using different terminology - anyway I believe they got caught when they could not produce her NOC or clean CENOMAR, so the point is she was never legally allowed to marry and she has put she is free to marry and has signed it and dated it.

Going back it would be from 1st form sent to USCIS.

This case is complicated, I asked OP but he has never responded, what if his wife would file for divorce in Phillip? I am guessing her ex-husb is in Germany, either he has to show up or no show and case would go in her favour.

I am not sure of legality and jurisdiction of Phillip judge over a marriage that was performed in Singapore.

OP has 2 major issue:

1. Getting this divorce

2. Misrepresentation

No, they didn't get caught. She simply got her CENOMAR from the NSO and discovered that it said she was married. They never tried to go to the Embassy interview stage.

Also, as has been pointed out more than once in this thread, there is no divorce in the Philippines. There is only annulment. She can get an annulment on her own. She does not need her husband for anything whatsoever regarding the annulment. It just takes time and money. A Filipino judge can annul any marriage. Her path to becoming single is that simple.

[S_R 148]

No, they didn't get caught. She simply got her CENOMAR from the NSO and discovered that it said she was married. They never tried to go to the Embassy interview stage.

Also, as has been pointed out more than once in this thread, there is no divorce in the Philippines. There is only annulment. She can get an annulment on her own. She does not need her husband for anything whatsoever regarding the annulment. It just takes time and money. A Filipino judge can annul any marriage. Her path to becoming single is that simple.

If they never tried the embassy like u said what did the OP mean by the tourist Visa was turned down twice?

[Deputy Purple 1,294]

If they never tried the embassy like u said what did the OP mean by the tourist Visa was turned down twice?

I think he meant they never tried for the K-1 at the US Embassy as they discovered the CEMAR (Certificate of Marriage) was issued when she asked for a CENOMAR (Certificate of No Marriage).

On a side note, why are people who know NOTHING about the "special circumstances" of the Philippines cluttering this thread with useless guesses?

[Tahoma 2,292]

I think he meant they never tried for the K-1 at the US Embassy as they discovered the CEMAR (Certificate of Marriage) was issued when she asked for a CENOMAR (Certificate of No Marriage).

On a side note, why are people who know NOTHING about the "special circumstances" of the Philippines cluttering this thread with useless guesses?

Thank you, Bob.

Yes, of course I was talking about their fiancée visa. That's when they would need her CENOMAR.

[payxibka 10,045]

I think he meant they never tried for the K-1 at the US Embassy as they discovered the CEMAR (Certificate of Marriage) was issued when she asked for a CENOMAR (Certificate of No Marriage).

On a side note, why are people who know NOTHING about the "special circumstances" of the Philippines cluttering this thread with useless guesses?

then maybe you want this moved to the PI forum then?