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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Again you are referring to Philippine law.

I am not disagreeing with you in regards to what is legal or not legal there. I am disagreeing with you because you don't understand the concept of US sovereignty within the US embassy.

You see, when you are at the US embassy, you are on US soil. You are not in the Philippines anymore. Philippine laws do not apply at the US embassy, only US laws.

Whatever result for her medical the PHILIPPINE LAW MUST APPLY!!

Posted

I think VOL has a point here. It's a crime in the Philippines. Period. Full Stop. The question they ask is have you (the applicant) committed a crime, whether arrested, prosecuted, convicted or not. Read the DS-160 again carefully. Its questions are worded so that any crime, anywhere committed must be disclosed. Why not just say you miscarried?

You may be right that an abortion is a crime in the Philippines. And yes you do need to disclose that fact on the DS-160. BUT....

An abortion is not a crime in the US. When the CO reviews the DS-160, sees that a crime was committed, will ask the applicant (or look at the relevant evidence) what crime was committed. If the only crime was abortion, since it is not illegal in the US, the CO will dismiss the so-called crime. As I stated earlier once inside the US Embassy, US laws apply, not Philippine laws.

What may be considered a crime in the Philippines may or may not be a crime in the US. If it is not a crime in the US, but is in the Philippines, that particular crime has no bearing on the CO's decision to approve or deny the visa.

Whatever result for her medical the PHILIPPINE LAW MUST APPLY!!

It doesnt matter if Philippine law should be applied here. US laws apply inside the US embassy.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

Filed: K-1 Visa Country: Hungary
Timeline
Posted

Negative

Illegal and will have to possible under Psychological Review

Wrong again

This is Philippines and yes they can ban you for abortion

Abortion is illegal there, as well as divorce

Abortion is a crime of Moral Turpitude in Phillipines, Just like prostitution is the same crime

Yes you can be banned

Whatever result for her medical the PHILIPPINE LAW MUST APPLY!!

I don't know if people are getting upset because this is such a controversial issue or if the respondents are just having difficulty expressing themselves in English, but I sense a lot of hostility in these replies that I do not normally see on these boards. Everyone has a right to their opinion but rudeness and hostility is not called for here. Please read your replies before sending them and try to understand how others will hear the "tone" of your message.

I would not advocate lying anywhere during the process but I would not volunteer information about any activity that might be considered illegal under Philippine law unless a question specifically asked about it. As one of the respondents said, the medical exam asks about Pregnancies that resulted in a Delivery. The DS-160 asks about crimes and I would mention any crimes that you are aware that you have committed. I have seen throughout this site and others that lying at any part of this process is a very bad idea, but you are only required to answer questions that are asked of you.

~

"Patience is bitter, but the fruit is sweet."

12/09/14 - I-129F Application Sent

12/11/14 - NOA1 - TSC

Posted

I think VOL has a point here. It's a crime in the Philippines. Period. Full Stop. The question they ask is have you (the applicant) committed a crime, whether arrested, prosecuted, convicted or not. Read the DS-160 again carefully. Its questions are worded so that any crime, anywhere committed must be disclosed. Why not just say you miscarried?

ehklei19,

The DS-160 does not ask the question as you have written it..."have you (the applicant) committed a crime, whether arrested, prosecuted, convicted or not." That question does not exist in the current DS-160. The questions are not that open ended. They are very specific.

The questions with similar wording are:

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?

Key words here are "arrested" and "convicted". If no to either, then you answer no.

Have you ever violated, or engaged in a conspiracy to violate, any law relating to controlled substances?
This is not asking if you have violated "any" law, only laws related to controlled substances.
Filed: Country: Philippines
Timeline
Posted

Sevenrider860,

Just wanted to point out in your bolded sentence that it says, "...arrested OR convicted".

One can be arrested for a crime and not be convicted thus the answer would be: Yes.

Accordingly, if one were arrested and convicted the answer would still be: Yes.

As you pointed out, if one were neither arrested nor convicted, the answer would be: No.

Posted

Sevenrider860,

Just wanted to point out in your bolded sentence that it says, "...arrested OR convicted".

One can be arrested for a crime and not be convicted thus the answer would be: Yes.

Accordingly, if one were arrested and convicted the answer would still be: Yes.

As you pointed out, if one were neither arrested nor convicted, the answer would be: No.

Torete,

You are correct. My wording was not. Thank you for the correction.

Posted

In the DS-160 form guide, the only reference to abortion is whether or not you forced a woman to undergo an abortion against her free will. This is the only ground for inadmissibility listed on the form guide. As some others have stated, regardless if it is illegal in the Philippines, it is NOT illegal in the US, and since you are applying to become a US immigrant and later citizen, it will NOT be an automatic disqualification. Just make sure you tell the truth at all stages of the application if an abortion was involved.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hope nothing shows up on your X-rays, as my wife had to go through the "Sputum Fiasco" as one week earlier, I had her X-rays done at the best clinic in Cebu, and X-rays were fine.

Went to medical, and was "suspicious" and we lost almost 3 months, before she proved there was nothing wrong.

Good luck, and I agree with other posters, "this is American law, not Philippines, and abortions, etc., mean nothing".,.,.just my opinion.

Filed: Other Country: Philippines
Timeline
Posted

hi! I red some of the post here in VJ that they did not make it thru their medical exams.. They say using illegal drugs might cause you denied application even if that was along time ago. plus having a PTB in your x-rays might cause your delay in your interview date. I was just thinking what are the other things could ruin or delay your process in the interview... :idea: Like having a HIV or STD? or having done an abortion might failed you on your medical exams.. :rolleyes:

#1 .... don't lie!

Then pop over to the Philippines forum for better answers relating to the visa process there. http://www.visajourney.com/forums/forum/129-philippines/

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

 
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