IR-1 NVC stage. The RFE : Marriage Termination document Rejected.

[iwannaplay54 985]

1 minute ago, Kor2USA said:

There is a lot of marriage fraud in SA. 

OP is probably not South African. I'm not sure but I know the laws and I know what type of unions are seen as marriages. And generally if they're not immediately registered with the State they are second/third marriage (think polygamy) so OP has a major issue to figure out. 

What I did see is that these arrangements are often made in order to procure South African residency.  Believe you called it.

[Tops 3]

9 minutes ago, Kor2USA said:

There is a lot of marriage fraud in SA. 

OP is probably not South African. I'm not sure but I know the laws and I know what type of unions are seen as marriages. And generally if they're not immediately registered with the State they are second/third marriage (think polygamy) so OP has a major issue to figure out. 

I do know there is a lot of marriage fraud in SA. My partnership with my ex was no fraud. we did had a child together and we are co-parenting. When filling the DS160 form back then, I had to put my child and her on it (filled in married) as there was no option of common law on the application. Yea, I know am in a deep mess.

[Tops 3]

10 minutes ago, iwannaplay54 said:

What I did see is that these arrangements are often made in order to procure South African residency.  Believe you called it.

Well, I did the arrangement because we had a child together,  I will never be involve in anything fraudulent nor be a party to it.

4 hours ago, iwannaplay54 said:

Never mind.  
 

You were never actually married.  You were playing house.  Playing house is still “unmarried” in South Africa as the “life partner” agreement is only binding between the parties.  We don’t put every chickie we lived with on the USC part of the I130 - for many of us that would fill boxes.

 

So, you fraudulently (in the eyes of the US government) dinged a box on a visa application years ago then doubled down by (fraudulently in the eyes of the US government) listed a “not marriage” in a section on previous spouses on an I130.  
 

Why?  Why on the I130?  That can’t be fixed.

 

 

Can you be nice with your comments please.

[iwannaplay54 985]

3 minutes ago, Rashp said:

Well, I did the arrangement because we had a child together,  I will never be involve in anything fraudulent nor be a party to it.

Not seeing you did but in the eyes of the US government that “yes” check on that visa application was fraudulant unfortunately.  Burden of proof switches to your side to make it right and I noted a possible way to do so.

What was the reason for rejection on your previous application?

Edited March 25, 2022 by iwannaplay54

[Crazy Cat 41,882]

5 hours ago, Rashp said:

While filling the form DS160 some year back I did put married as there was no option of life partner in the form.

What was the purpose of that DS-160? 

Edited March 25, 2022 by Crazy Cat

[Tops 3]

34 minutes ago, Kor2USA said:

FYI to VJ members

@Rashp is not South African.

We know all about legal SA marriages

Cultural or religious marriages will be registered BUT common law marriage is not a thing in South Africa.

My friend decided to lie about being married and is trying to use South Africa law as a front. 

Why would i decide to lie on my application when i have a child with my possible ex which i did the life partnership with. I innocently thought it was a form of married in the US. 

[Crazy Cat 41,882]

1 minute ago, Rashp said:

Why would i decide to lie on my application when i have a child with my possible ex which i did the life partnership with. I innocently thought it was a form of married in the US. 

What was the purpose of the DS-160 you mistakenly marked years back?

[Tops 3]

22 minutes ago, iwannaplay54 said:

Doubled down by putting it on an I130 but I wonder how that got through without a divorce decree.  
Straightening this out will take forever and OP will have to convince someone that this error was unintentional.

Perhaps a copy of the original agreement, the agreement that ended it, a snip of the South African law that describes this arrangement, and a formal statement from OP outlining his error will suffice.  This kind of thing is a real speed bump for sure.  In South Africa these agreements are enforcable between the parties but not legally recognized as a marriage.

 

There may be some gray here but I agree, these seem to be next to impossible to overcome.  

I do have the original copy of the agreement, the termination agreement and the sworn affidavit which my ex partner did.

I think i just need to include those and write a letter explaining the situation to the NVC.

[iwannaplay54 985]

4 minutes ago, Rashp said:

Well, I did the arrangement because we had a child together,  I will never be involve in anything fraudulent nor be a party to it.

Can you be nice with your comments please.

Our job here is to be realistic and after 15+ years of seeing cases like this we know exactly what’s coming up on this one.

That’s nothing compared to how a CO treats this.  My wife got yelled at while she was at the counter once LOL for less than this.

Just now, Rashp said:

I do have the original copy of the agreement, the termination agreement and the sworn affidavit which my ex partner did.

I think i just need to include those and write a letter explaining the situation to the NVC.

I’d start with that for sure at a minimum.

[iwannaplay54 985]

5 minutes ago, Rashp said:

Why would i decide to lie on my application when i have a child with my possible ex which i did the life partnership with. I innocently thought it was a form of married in the US. 

“Married” is not actually what you were so why gloss it over?  For that matter if it was a lifetime agreement why not just get married?  You evidently knew the difference when the two of you signed the paper, it was an arrangement between the two of you that was a “not-married” agreement when you two signed off on it.  C’mon dude. Couples choose it in lieu of a legal marriage.

Edited March 25, 2022 by iwannaplay54

[Tops 3]

5 minutes ago, iwannaplay54 said:

Not seeing you did but in the eyes of the US government that “yes” check on that visa application was fraudulant unfortunately.  Burden of proof switches to your side to make it right and I noted a possible way to do so.

What was the reason for rejection on your previous application?

My application was never rejected. I-130 was approved in which I submitted the partnership agreement and and termination letter. It was the NVC who reject it saying i should upload proper terminating document from the high court of magistrate

4 minutes ago, Crazy Cat said:

What was the purpose of the DS-160 you mistakenly marked years back?

Visit. 

[Redro 4,611]

18 minutes ago, iwannaplay54 said:

What I did see is that these arrangements are often made in order to procure South African residency.  Believe you called it.

When I was living in SA we had a service to help us see if a foreign national had stolen our ID number to procure residency... 

I would literally check the website every month to make sure I wasn't married. 

This was way back when... we don't recognise common law marriage. Everything has to be registered so OP stating he was married is fraud in TWO countries. 

I won't talk about how long it takes to have your SA marriage recognized with documentation.. but lets just say it takes over a year to get that marriage certificate.

[Crazy Cat 41,882]

1 minute ago, Rashp said:

My application was never rejected. I-130 was approved in which I submitted the partnership agreement and and termination letter. It was the NVC who reject it saying i should upload proper terminating document from the high court of magistrate

What was the pupose of the DS-160 you incorrectly marked years ago?  Did you gain any benefit from that DS-160?

[powerpuff 6,702]

Just now, Crazy Cat said:

What was the pupose of the DS-160 you incorrectly marked years ago?  Did you gain any benefit from that DS-160?

Really important question that OP is not addressing 

[iwannaplay54 985]

2 minutes ago, Kor2USA said:

When I was living in SA we had a service to help us see if a foreign national had stolen our ID number to procure residency... 

I would literally check the website every month to make sure I wasn't married. 

This was way back when... we don't recognise common law marriage. Everything has to be registered so OP stating he was married is fraud in TWO countries. 

I won't talk about how long it takes to have your SA marriage recognized with documentation.. but lets just say it takes over a year to get that marriage certificate.

This dude knew the difference LOL.  It’s a CHOICE, that legal agreement is specifically to NOT be married.

Just now, powerpuff said:

Really important question that OP is not addressing 

I’d like to know the reason it was rejected.  Did they tick “fraud” back then?

Edited March 25, 2022 by iwannaplay54