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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > The Foreign Embassy and Consulate General Discussion

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Jomo's girl
QUOTE(daveg @ Oct 1 2007, 01:04 AM) *
QUOTE(daveg @ Sep 30 2007, 11:00 PM) *
QUOTE(pushbrk @ Sep 30 2007, 10:55 PM) *
Dave,

The $64,000 question you still haven't answered is, "Where and with whom is the child going to live?"

I'm trying to get a handle on just what immigration problems you'll be dealing with. Right now, you've not taken any action that can result in the child immigrating with its mother.



The child will stay with the parents of the guy in the Philppines ( she thought was a freind) he is in korea now back working and will support the child and hopefully take the child at a later time.



My problem with this is that it is also her child. Even if she wants no physical responsibility (which I don't blame her one bit), what kind of ramifications will follow her to the US? I forsee him demanding support in the future.

I would immediately go to the authorities and report the rape so you have a record of it. Then, I would consult a lawyer to whip up some kind of legal document stating the facts and exactly what is happening with the child and future issues that may arise. Then, yes, I agree she should tell the truth at the medical and at the embassy.

I am very sorry for you. I hope it all works out for you both.
bwaller78
Hello all,

This situation is very simular to mine and what is going on with my wife and I. I first went to Philippines in 1998 and married my wife, and of course files the I-130, and she had forced sex with he former boyfriend she broke up with to be with me, and the result was that she was pregnant. In short she was denied the visa, not necesarily because she had a child, but had contact with the supposed rapist( for financial support for the child). That being said I was only 19 at the time and decided that we should just go our own ways. I know that I could of done something about it but I had too much on my plate at the time, and felt that it would be best if we just go our seperate ways. Then after several yrs and several failed relationships in the u.s. I decided to give it one more try with my wife and went back over to the Philippines in 2004 and refiled, she again was denied at the interview last september(didnt have enough evidence to proof relationship bonafide), now case is back at USCIS for review and possible denial or revocation. I have just returned from the Philippines for the 3rd time last week. This time I have substantial evidence I can submit, over 1 inch thick of papers, but only hoping for a RFE prior to denying the case to prove our relationship. My wife and I have been through alot and have not even been able to live with each other as of yet. As we have instituted "plan b" of being together if she cant come here. But as far as the whole "rape" situation, our situation is going on 9 yrs, I honestly don't wish this kind of punishment of even my worst enemies, but feel that this whole thing has made our relationship even stronger and near unbrakeable, and made us appreciate each other. unsure.gif
kim-786
my thoughts to you is that if you really love your wife, you should go to your country as soon as possible. Console her and then, if you have decided that you do not wanna tell this to police, your only option is abortion. You have to do that. Adn then, everthing will be ok after a while. You need to console your wife and do this right away.
Mister Fancypants
QUOTE(Boiler @ Oct 1 2007, 05:37 AM) *
QUOTE(rebeccajo @ Oct 1 2007, 05:35 AM) *
QUOTE(Skeeter211 @ Oct 1 2007, 05:23 AM) *
I will only stick my nose in one more time where it probably doesn't belong.....As you said, what happens to the child is a prime concern, which is another red flag for me. Giving the child to the parents of the "rapist" so that he can support the child and hopefully take care of it? Why not adoption so the child has a chance away from this "RAPIST" as he is called. I wonder what the CO would have to say about that in the interview?


Would that be a cultural norm in the Phils? For a child to be 'given' to a true rapist to be raised?


It just smells to high heaven.



Amen to that. WTF?

almaty
. She did not report the rape because of threats made from the guy, and she was very scared.


i agree...the rapist supports the child..but intimidates the lady..........it makes no sense.....
pushbrk
QUOTE(almaty @ Oct 1 2007, 01:20 PM) *
. She did not report the rape because of threats made from the guy, and she was very scared.


i agree...the rapist supports the child..but intimidates the lady..........it makes no sense.....


We don't have to like it and it doesn't have to match what we would do. It's actually pretty easy to understand how this would come about.

Keep questioning the motives and facts all you want but the OP, has made his decision to continue his marriage and immigration process regardless. It seems a better use of time to focus on that.

The bona fides problem explained this morning by another poster in a similar situation is exactly what the couple is up against and needs to prepare for. Visits are not the sole evidence needed to overcome such a potential problem but they would be the most important, IMO. It might take two or three more visits but the petitioner between now and the interview to help convince a Consular officer that in spite of the circumstances, the relationship is real. Visits do not, however prove much about the beneficiary. She's going to need to convince the CO, she's for real too. I'm fresh out of suggestions for that end of the problem. The suspicion is still that she and the father intend to end up together with their child in the US. It's a tough one to overcome.
almaty
i think the petitioner is against the wall..the PIs are not the easiest consul to get a visa in.....

The suspicion is still that she and the father intend to end up together with their child in the US. It's a tough one to overcome.

i agree with you
Magenta
QUOTE(luv2uallday @ Oct 1 2007, 11:44 AM) *
QUOTE(daveg @ Oct 1 2007, 01:04 AM) *
QUOTE(daveg @ Sep 30 2007, 11:00 PM) *
QUOTE(pushbrk @ Sep 30 2007, 10:55 PM) *
Dave,

The $64,000 question you still haven't answered is, "Where and with whom is the child going to live?"

I'm trying to get a handle on just what immigration problems you'll be dealing with. Right now, you've not taken any action that can result in the child immigrating with its mother.



The child will stay with the parents of the guy in the Philppines ( she thought was a freind) he is in korea now back working and will support the child and hopefully take the child at a later time.


this is not going to be popular to say but it comes from my heart and anger.

YOU MEAN TO TELL ME YOUR GONNA GIVE YOUR WIFE'S KID TO A RAPIST? YOU IRRESPONSABLE B@##RD!!! I GOT A BETTER IDEA GIVE THE CHILD TO A LOVING FAMILY PUT THE CHILD UP FOR ADOPTION DO THE RIGHT THING FOR YOURSELF AND THE CHILD JUST DON'T PERSECUTE THE BABY CAUSE OF THE FATHER.. OMG where is your soul???? I pitty the child cause of your stupid decision.... the rapist has no right to abuse one more life... also, its very wierd that the rapist has a concience all of a sudden to support his child never seen an honorable rapist before wow this must be a first!!..... this does sound fishy... sorry for my harshness but this picture doesn't look right and it is a blow to my gut on the immorality of it all handing a rapist a child.. maybe i'm naive but that seems sickening to me..... I just think you are taking the easy way out on things.... and this situation is the hardest of them all on you and her but it doesn't exuse both of you from doing the right thing...... I think you should think long and hard on whats in the best interest of that child WHO IS INNOCENT in all this but now you are condemning... I surely hope that loser does not hurt that child I will pray for his or her future... God protect that little angel


We'll have less of these sorts of posts, thank you very much. wink.gif
desert_fox
I can see a petition some day for this "rapist". It wouldnt be the first time. But what the hell, Im a cynic.
rebeccajo
QUOTE(Jomo @ Oct 1 2007, 02:05 PM) *
QUOTE(rebeccajo @ Sep 29 2007, 09:08 PM) *
When did you find out about the rape? After it happened?



I don't want to sound mean here; but this question kind of made me giggle. Was she supposed to call him before or during?


It's not mean - I was trying to be delicate.

The real question is when did the OP learn of the rape? After it happened - or after the pregnancy came to light?

We can wax on all we want about not standing in moral judgment. That's not what I am doing.

I am asking daveg and NOT the Consular Officer to decide if this is a bonafide marriage relationship.
lee_cheryl
QUOTE(rebeccajo @ Oct 1 2007, 06:49 PM) *
QUOTE(Jomo @ Oct 1 2007, 02:05 PM) *
QUOTE(rebeccajo @ Sep 29 2007, 09:08 PM) *
When did you find out about the rape? After it happened?



I don't want to sound mean here; but this question kind of made me giggle. Was she supposed to call him before or during?


It's not mean - I was trying to be delicate.

The real question is when did the OP learn of the rape? After it happened - or after the pregnancy came to light?

We can wax on all we want about not standing in moral judgment. That's not what I am doing.

I am asking daveg and NOT the Consular Officer to decide if this is a bonafide marriage relationship.



i was about to ask that...when did he knew about the rape?right after it happened or when she knew that she was pregnant?

cheecks
pushbrk
QUOTE(rebeccajo @ Oct 1 2007, 04:49 PM) *
QUOTE(Jomo @ Oct 1 2007, 02:05 PM) *
QUOTE(rebeccajo @ Sep 29 2007, 09:08 PM) *
When did you find out about the rape? After it happened?



I don't want to sound mean here; but this question kind of made me giggle. Was she supposed to call him before or during?


It's not mean - I was trying to be delicate.

The real question is when did the OP learn of the rape? After it happened - or after the pregnancy came to light?

We can wax on all we want about not standing in moral judgment. That's not what I am doing.

I am asking daveg and NOT the Consular Officer to decide if this is a bonafide marriage relationship.


That's actually a very valid question. If it's what you had in mind, it would have been good to ask it more directly.

It's a question a Consular officer might ask. I've been thinking about this all day long. I see it as nearly impossible to convince a reasonable person that the wife and father aren't visa scammers. I don't actually think they are but the difficulty is convincing a Consular officer. daveg can show his own bona fides with visits but how does she show hers under the circumstances.

The best solution I've come up with is for the couple to spend several months living together in the PI between now and her interview. Cohabitation (and plenty of evidence of it) is the surest two-way evidence of bona fides because in the case of long distance relationships its the most difficult to pull off. It's still lopsided on the USC end but I can't think of any better way for the foreign spouse to show her bona fides, since she can't visit the US.

It's just a really tough scenario to sell in a high fraud station like this.
Skeeter211
I agree that the question of when the OP learned of the rape would be a very valid queston for him and the CO. Whether she wanted to report to police or not, one would think she would have told the man she loved right away of such a traumatc event in her life. Then again, I am sure she was too scared to tell him too.

pushbrk
QUOTE(Skeeter211 @ Oct 1 2007, 07:27 PM) *
I agree that the question of when the OP learned of the rape would be a very valid queston for him and the CO. Whether she wanted to report to police or not, one would think she would have told the man she loved right away of such a traumatc event in her life. Then again, I am sure she was too scared to tell him too.


I think the cogent question we don't have the answer to is whether she told her husband about the rape before or after she learned she was pregnant.
archie07
QUOTE(Skeeter211 @ Oct 1 2007, 10:27 PM) *
I agree that the question of when the OP learned of the rape would be a very valid queston for him and the CO. Whether she wanted to report to police or not, one would think she would have told the man she loved right away of such a traumatc event in her life. Then again, I am sure she was too scared to tell him too.

I thought of that too. The whole problem here is she has no medical or police reports to corroborate the allegation she was raped. The embassy wants documentation and keeping this hushed up was the wrong thing to do. She was afraid of revenge. An automatic protection order would have been issued if this crime was reported. The embassy may have a hard time believing a married woman was alone with a friend that raped her especially without any reports. The filipines consider rape a heinous crime that carries severe penalties. I can understand her not telling Dave she was raped at the time, she probably never expected the pregnancy. My whole problem with this is I can't see letting a rapist go free. Now these two people have to suffer over it.
Reza
Man I feel so sorry dude sad.gif
archie07
QUOTE(pushbrk @ Oct 1 2007, 10:53 PM) *
QUOTE(Skeeter211 @ Oct 1 2007, 07:27 PM) *
I agree that the question of when the OP learned of the rape would be a very valid queston for him and the CO. Whether she wanted to report to police or not, one would think she would have told the man she loved right away of such a traumatc event in her life. Then again, I am sure she was too scared to tell him too.


I think the cogent question we don't have the answer to is whether she told her husband about the rape before or after she learned she was pregnant.

Even if she didn't tell him, she may have felt so ashamed that she didn't want to tell anyone. I'm giving her the benefit of the doubt. We will never know if the rape allegation was fabricated due to the pregnancy. Still, without documentation she has a hard nut to crack.
daveg
QUOTE(pushbrk @ Oct 1 2007, 07:36 AM) *
QUOTE(moxcamel @ Oct 1 2007, 06:49 AM) *
At this point I think there can only be speculation about motives, etc. Those issues will not be resolved on this board. I think it's probably in the best interests of everybody here to just focus on the immigration issues, answer his immigration related questions, and let him and his wife sort out the rest.


I agree. I think it's clear now that the "rape" while still a rape, can be more accurately characterized as non-consensual sex between two people who are acquainted. Since the result will be a child who has a family who wants to love and raise it, I see nothing to be gained by criticizing that decision.

We have enough information to start focusing on the immigration problems at this point. Since there is no intention for the child to immigrate, the original plans can procede without a delay to get the child's immigration dealt with.

I agree that the bona fides are the greatest issue to deal with. Without multiple visits, at least one during the pregnancy, I see some big red flags for a Consular officer to overcome.

"I had a child as the result of non-consensual sex with a person I thought of as a friend. Since abortion is not an option, and the father's family wanted to adopt and care for the baby, I decided that was the best course of action." , is a viable explanation but a Consular officer still must overcome the natural reaction that the story isn't entirely true.

A full and candid explanation of the events and decision making process, backed up by strong evidence the petitioner behaved like a husband during the process, will be critical to convincing the CO, the marriage relationship is bona fide.

Your question is "Will they believe her?" The answer is nobody knows. Your best bet is to have and effectively present what a reasonable Consular officer would believe is a bona fide marriage relationship.

What's the plan? Will you visit? Have you already? When? How many times?

Yes I have visited once of course to marry her and stay with her family the whole time.
My problem now is as lame as it sounds is I have no money I barley make enough to get her here as my yearly income is just over the amount needed. So basically can not afford to go there now.
I am there for her 6 hours a day on chat and cam and yahoo computer to mic calling.
She has meet the parents of the rapisist and they are very nice they are willing to take care of the baby while the guy pays for its support from working in Korea.
If I made enough money to adopt the kid I really think I would.
I can see how this whole thing looks weird to people of course.
All I can say is im sure my wife was forced to have sex, after talking to her so many times about it and knowing her well. She is a very shy sweet girl who loves me so much and is having a very hard time with this.
She still breaks down crying when we talk about it.
Thanks for everyones opions and thoughts as well as help.






Haole
[quote]I thought of that too. The whole problem here is she has no medical or police reports to corroborate the allegation she was raped. The embassy wants documentation and keeping this hushed up was the wrong thing to do. She was afraid of revenge.

From what my wife says unless she is rich and can have protection. She wouldn't have much of a chance of staying alive long if she reported the rape.
Don't forget this happened in the Philippines.
daveg
QUOTE(Skeeter211 @ Oct 1 2007, 07:27 PM) *
I agree that the question of when the OP learned of the rape would be a very valid queston for him and the CO. Whether she wanted to report to police or not, one would think she would have told the man she loved right away of such a traumatc event in her life. Then again, I am sure she was too scared to tell him too.


She did not tell me until she felt pregnant but she was not sure at the time.
Yes she was scared and very ashamed. A woman should never feel ashamed of course if she was forcee to have sex.
We are talking about this at this very moment its so hard to tell what is the right thing to do and wrong.
And maybe we should keep the baby with us? Or will it be ok with the rapist parents since he is far away in Korea.
It just such a horrible thing to happen to any woman, and couple, let alone it might affect us finally being together forver.
We honestly love each other so very much.
daveg
QUOTE(kim-786 @ Oct 1 2007, 12:22 PM) *
my thoughts to you is that if you really love your wife, you should go to your country as soon as possible. Console her and then, if you have decided that you do not wanna tell this to police, your only option is abortion. You have to do that. Adn then, everthing will be ok after a while. You need to console your wife and do this right away.


Your right I should go there but can not afford it. She is with her family now and they are helping her alot.
We are talking chat and cam to cam 6 hours a day and computer phone talk about it.
She can not have an abortion it is illegal there and she does not belive in it also.
Boiler
Don't you think it is odd that your wife was raped and you did not go to her side?
Skeeter211
QUOTE(Boiler @ Oct 1 2007, 10:42 PM) *
Don't you think it is odd that your wife was raped and you did not go to her side?


Well that's the one part I do understand. He said he can't afford it and can barely makes the poverty guidelines as a spoinsor if I remember correctly. Not everyone can afford to fly on a moments notice to another country. I don't think that is unusual. However, as has been said....more visits right now certainly won't hurt their immigration case.

Haole
QUOTE(Skeeter211 @ Oct 1 2007, 09:07 PM) *
QUOTE(Boiler @ Oct 1 2007, 10:42 PM) *
Don't you think it is odd that your wife was raped and you did not go to her side?


Well that's the one part I do understand. He said he can't afford it and can barely makes the poverty guidelines as a spoinsor if I remember correctly. Not everyone can afford to fly on a moments notice to another country. I don't think that is unusual. However, as has been said....more visits right now certainly won't hurt their immigration case.

Doesn't really matter if there is a rape issue or not. Proving a "for real" marriage is difficult to do having only made one trip to get married.
Rape and the question of sincerity of the wife just makes things worse.
Burn your visa and at least plan to go and support your wife at the interview.
If she is denied what are you going to do then?

neenuh
QUOTE(Skeeter211 @ Oct 1 2007, 05:23 PM) *
neenuh....thank you for having the courtesy of not slamming my post with your own views. I respect your opinions as well. I understand that rape is a total crime of violence, regardless of whether she knew the perpetrator or not. The decision is up to the OP as to what he believes and what he will do. In that respect it is "none of our business". Having said that, this board runs on 80% opinions and 20% facts most of the time and I guess I did contribute to that tonight.

I will only stick my nose in one more time where it probably doesn't belong...As you said, what happens to the child is a prime concern, which is another red flag for me. Giving the child to the parents of the "rapist" so that he can support the child and hopefully take care of it? Why not adoption so the child has a chance away from this "RAPIST" as he is called. I wonder what the CO would have to say about that in the interview?

Skeeter211 - you're welcome and thank you as well

i think our "sticking noses in places where they don't belong," in a way, is good for daveg
he is in the situation and he sees things subjectively in some levels
we are all "on the outside looking in" and we are seeing different angles

i can only imagine how difficult this must really be for daveg
in the end, of course, the choices will still be up to him and we can only hope he ends up making the right ones
hence, we are all here to help in one way or another

QUOTE(rebeccajo @ Oct 1 2007, 07:35 PM) *
Would that be a cultural norm in the Phils? For a child to be 'given' to a true rapist to be raised?

what i remember from one of the papers i read in college is that statitics show that filipinas normally give up the children for adoption
which is the "moral" thing to do, especially in a society that frowns upon abortion
but who knows, to each his own, right?

QUOTE(Jomo @ Oct 2 2007, 02:05 AM) *
I don't want to sound mean here; but this question kind of made me giggle. Was she supposed to call him before or during?

headbonk.gif

QUOTE(pushbrk @ Oct 2 2007, 08:03 AM) *
That's actually a very valid question. If it's what you had in mind, it would have been good to ask it more directly.

It's a question a Consular officer might ask. I've been thinking about this all day long. I see it as nearly impossible to convince a reasonable person that the wife and father aren't visa scammers. I don't actually think they are but the difficulty is convincing a Consular officer. daveg can show his own bona fides with visits but how does she show hers under the circumstances.

The best solution I've come up with is for the couple to spend several months living together in the PI between now and her interview. Cohabitation (and plenty of evidence of it) is the surest two-way evidence of bona fides because in the case of long distance relationships its the most difficult to pull off. It's still lopsided on the USC end but I can't think of any better way for the foreign spouse to show her bona fides, since she can't visit the US.

It's just a really tough scenario to sell in a high fraud station like this.

and we all know the COs know how to ask questions just to throw people off guard
without sufficient documentation to prove the marriage as legit, this case is really going to be a tough one

QUOTE(daveg @ Oct 2 2007, 12:37 PM) *
Your right I should go there but can not afford it. She is with her family now and they are helping her alot.
We are talking chat and cam to cam 6 hours a day and computer phone talk about it.
She can not have an abortion it is illegal there and she does not belive in it also.

i understand
ticket fare atm is roughly 1k for roundtrip
pushbrk
QUOTE(daveg @ Oct 1 2007, 09:37 PM) *
QUOTE(kim-786 @ Oct 1 2007, 12:22 PM) *
my thoughts to you is that if you really love your wife, you should go to your country as soon as possible. Console her and then, if you have decided that you do not wanna tell this to police, your only option is abortion. You have to do that. Adn then, everthing will be ok after a while. You need to console your wife and do this right away.


Your right I should go there but can not afford it. She is with her family now and they are helping her alot.
We are talking chat and cam to cam 6 hours a day and computer phone talk about it.
She can not have an abortion it is illegal there and she does not belive in it also.


I understand you can't afford to go. However, I think if she is going to have any chance for a visa, you must be there at the time of her interview and have spent some more time with her and her family. I don't know if you can be with her during the actual interview in Manila but that would be good too.

If this means you must borrow or beg to afford to go, I think you must do it.

I just do not see a visa being awarded in a high fraud country like the PI, to a woman who became pregnant by a man other than her husband, during the visa process, then gave the baby to the "friend's" family to raise. I don't mean to be dismissive of her ordeal but the above are the verifiable facts. As sad as it is, her ordeal is not verifiable.

If you are there in the room with her presenting a bona fide relationship, the two of you together have the best chance of presenting a relationship the Consular officer believes in.
archie07
QUOTE(pushbrk @ Oct 2 2007, 10:23 AM) *
QUOTE(daveg @ Oct 1 2007, 09:37 PM) *
QUOTE(kim-786 @ Oct 1 2007, 12:22 PM) *
my thoughts to you is that if you really love your wife, you should go to your country as soon as possible. Console her and then, if you have decided that you do not wanna tell this to police, your only option is abortion. You have to do that. Adn then, everthing will be ok after a while. You need to console your wife and do this right away.


Your right I should go there but can not afford it. She is with her family now and they are helping her alot.
We are talking chat and cam to cam 6 hours a day and computer phone talk about it.
She can not have an abortion it is illegal there and she does not belive in it also.


I understand you can't afford to go. However, I think if she is going to have any chance for a visa, you must be there at the time of her interview and have spent some more time with her and her family. I don't know if you can be with her during the actual interview in Manila but that would be good too.

If this means you must borrow or beg to afford to go, I think you must do it.

I just do not see a visa being awarded in a high fraud country like the PI, to a woman who became pregnant by a man other than her husband, during the visa process, then gave the baby to the "friend's" family to raise. I don't mean to be dismissive of her ordeal but the above are the verifiable facts. As sad as it is, her ordeal is not verifiable.

If you are there in the room with her presenting a bona fide relationship, the two of you together have the best chance of presenting a relationship the Consular officer believes in.

That is the best advice I believe Dave can get. He needs to be at that interview for sure. Save your money Dave or get a credit card. Good luck
rebeccajo
Are you all trying to tell me that a woman from the Philippines would be too ashamed after a rape to disclose it to her American husband after it happened?

I am NOT being a wise-a$$ - is that a cultural truth?

Rape is a very traumatic experience. It's difficult for me to understand why a woman would NOT tell her husband immediately. Telling your husband you have been violated isn't the same thing as telling everybody in the village.

If there is ANYTHING about this story that doesn't wash as culturally believable to the CO, it's not going to matter diddly-squat if the OP makes more visits or is even present for the interview. If the CO views the beneficiary as using an American citizen solely for the purpose of immigrating, the visa will be denied.
pushbrk
QUOTE(rebeccajo @ Oct 2 2007, 08:19 AM) *
Are you all trying to tell me that a woman from the Philippines would be too ashamed after a rape to disclose it to her American husband after it happened?

I am NOT being a wise-a$$ - is that a cultural truth?

Rape is a very traumatic experience. It's difficult for me to understand why a woman would NOT tell her husband immediately. Telling your husband you have been violated isn't the same thing as telling everybody in the village.

If there is ANYTHING about this story that doesn't wash as culturally believable to the CO, it's not going to matter diddly-squat if the OP makes more visits or is even present for the interview. If the CO views the beneficiary as using an American citizen solely for the purpose of immigrating, the visa will be denied.


All good points. I don't see it as wise-a$$ in the least. I don't know the answer to the question but it is what it is. At this point, the couple has little choice but to do as much as they can to have and present a bona fide relationship at interview. We really don't know if this will come up at interview. I suspect it will come up at the medical but really don't know if that information will get conveyed or picked up as critical by the Consular officer.

I do think that if the Consular officer asks the questions you've asked, there is little chance of a visa. Unfortunately, that/our opinion is of little help to Dave and his wife.
rouguewave
QUOTE(rebeccajo @ Oct 2 2007, 11:19 AM) *
Are you all trying to tell me that a woman from the Philippines would be too ashamed after a rape to disclose it to her American husband after it happened?


The answer to your question is "Maybe". But perhaps it'd be best to discuss via a seperate thread if you wanted to explore the cultural nuances to this, rather than subjecting the OP to this.

rebeccajo
QUOTE(rouguewave @ Oct 2 2007, 01:21 PM) *
QUOTE(rebeccajo @ Oct 2 2007, 11:19 AM) *
Are you all trying to tell me that a woman from the Philippines would be too ashamed after a rape to disclose it to her American husband after it happened?


The answer to your question is "Maybe". But perhaps it'd be best to discuss via a seperate thread if you wanted to explore the cultural nuances to this, rather than subjecting the OP to this.


Neither you nor the OP need worry about what I am 'subjecting' him to. It's nothing compared to what the CO may do. My questions are designed to make you THINK about what's likely in store at the interview. It's not doing anybody any good to sit here and pat him on the head and wish him good luck. After all, he asked us what is likely to happen. We'd be doing him a disservice to be less than honest.

Consular Officers at high fraud posts are trained to look for signs of immigration fraud. That training includes questioning the visa applicant in a manner which will yield pertinent answers. If shame over a rape is a cultural norm (to the extent a woman might not tell her husband) then the CO will know this. But you can bet your bottom dollar the CO will still question the woman to see if the shame is real or not. It's their job.

If you think I'm turning up too much heat on the OP, then there's little hope for him when he really gets into the kitchen.
rouguewave
QUOTE(rebeccajo @ Oct 2 2007, 01:33 PM) *
QUOTE(rouguewave @ Oct 2 2007, 01:21 PM) *
QUOTE(rebeccajo @ Oct 2 2007, 11:19 AM) *
Are you all trying to tell me that a woman from the Philippines would be too ashamed after a rape to disclose it to her American husband after it happened?


The answer to your question is "Maybe". But perhaps it'd be best to discuss via a seperate thread if you wanted to explore the cultural nuances to this, rather than subjecting the OP to this.


Neither you nor the OP need worry about what I am 'subjecting' him to. It's nothing compared to what the CO may do. My questions are designed to make you THINK about what's likely in store at the interview. It's not doing anybody any good to sit here and pat him on the head and wish him good luck. After all, he asked us what is likely to happen. We'd be doing him a disservice to be less than honest.

Consular Officers at high fraud posts are trained to look for signs of immigration fraud. That training includes questioning the visa applicant in a manner which will yield pertinent answers. If shame over a rape is a cultural norm (to the extent a woman might not tell her husband) then the CO will know this. But you can bet your bottom dollar the CO will still question the woman to see if the shame is real or not. It's their job.

If you think I'm turning up too much heat on the OP, then there's little hope for him when he really gets into the kitchen.


Whether it is a "cultural" norm or not, the CO will be concerned. "Cultural norm" is not the same as "Acceptable behavior". I'd suggest that the CO bases decisions on "Acceptable behavior" (based on US Standards) rather than "Cultural Norm". IMHO there is substantial difference.

My point was if you wanted to devolve to a philisophical or cultural discussion, it might be better elsewhere. As has been pointed out repeatedly, the CO is likely to be concerned in this case. Shall we repeat that over and over?
rebeccajo
QUOTE(rouguewave @ Oct 2 2007, 01:55 PM) *
QUOTE(rebeccajo @ Oct 2 2007, 01:33 PM) *
QUOTE(rouguewave @ Oct 2 2007, 01:21 PM) *
QUOTE(rebeccajo @ Oct 2 2007, 11:19 AM) *
Are you all trying to tell me that a woman from the Philippines would be too ashamed after a rape to disclose it to her American husband after it happened?


The answer to your question is "Maybe". But perhaps it'd be best to discuss via a seperate thread if you wanted to explore the cultural nuances to this, rather than subjecting the OP to this.


Neither you nor the OP need worry about what I am 'subjecting' him to. It's nothing compared to what the CO may do. My questions are designed to make you THINK about what's likely in store at the interview. It's not doing anybody any good to sit here and pat him on the head and wish him good luck. After all, he asked us what is likely to happen. We'd be doing him a disservice to be less than honest.

Consular Officers at high fraud posts are trained to look for signs of immigration fraud. That training includes questioning the visa applicant in a manner which will yield pertinent answers. If shame over a rape is a cultural norm (to the extent a woman might not tell her husband) then the CO will know this. But you can bet your bottom dollar the CO will still question the woman to see if the shame is real or not. It's their job.

If you think I'm turning up too much heat on the OP, then there's little hope for him when he really gets into the kitchen.


Whether it is a "cultural" norm or not, the CO will be concerned. "Cultural norm" is not the same as "Acceptable behavior". I'd suggest that the CO bases decisions on "Acceptable behavior" (based on US Standards) rather than "Cultural Norm". IMHO there is substantial difference.

My point was if you wanted to devolve to a philisophical or cultural discussion, it might be better elsewhere. As has been pointed out repeatedly, the CO is likely to be concerned in this case. Shall we repeat that over and over?



What are you on about? CO's don't judge the behavior of visa applicants based solely upon US 'standards' - whatever THOSE might be. They absolutely take into account the cultural norms, behaviors and idiosyncracies of the people their consulate serves.

That, IMO, is VERY relevant in a discussion about whether or not a denial might occur. Some things NOT 'acceptable' by US standards might be excuseable in another country.
sunandmoon
I've seen adoption mentioned a couple of times. here's a link to the Phlilppine law on adoption for anyone who might me interested:
http://www.chanrobles.com/republicactno8552.htm
Haole
QUOTE(Roy and Yazi @ Oct 2 2007, 09:19 AM) *
I've seen adoption mentioned a couple of times. here's a link to the Phlilppine law on adoption for anyone who might me interested:
http://www.chanrobles.com/republicactno8552.htm

Adoption is out as an alternative.
For one the child has to be an orphan.
Or the child would have to been in the legal custody of the USC for 2 years living in the Philippines
Can adopted once the child is in the US and came by a visa tho.
I did it!
pushbrk
QUOTE(rebeccajo @ Oct 2 2007, 11:47 AM) *
QUOTE(rouguewave @ Oct 2 2007, 01:55 PM) *
QUOTE(rebeccajo @ Oct 2 2007, 01:33 PM) *
QUOTE(rouguewave @ Oct 2 2007, 01:21 PM) *
QUOTE(rebeccajo @ Oct 2 2007, 11:19 AM) *
Are you all trying to tell me that a woman from the Philippines would be too ashamed after a rape to disclose it to her American husband after it happened?


The answer to your question is "Maybe". But perhaps it'd be best to discuss via a seperate thread if you wanted to explore the cultural nuances to this, rather than subjecting the OP to this.


Neither you nor the OP need worry about what I am 'subjecting' him to. It's nothing compared to what the CO may do. My questions are designed to make you THINK about what's likely in store at the interview. It's not doing anybody any good to sit here and pat him on the head and wish him good luck. After all, he asked us what is likely to happen. We'd be doing him a disservice to be less than honest.

Consular Officers at high fraud posts are trained to look for signs of immigration fraud. That training includes questioning the visa applicant in a manner which will yield pertinent answers. If shame over a rape is a cultural norm (to the extent a woman might not tell her husband) then the CO will know this. But you can bet your bottom dollar the CO will still question the woman to see if the shame is real or not. It's their job.

If you think I'm turning up too much heat on the OP, then there's little hope for him when he really gets into the kitchen.


Whether it is a "cultural" norm or not, the CO will be concerned. "Cultural norm" is not the same as "Acceptable behavior". I'd suggest that the CO bases decisions on "Acceptable behavior" (based on US Standards) rather than "Cultural Norm". IMHO there is substantial difference.

My point was if you wanted to devolve to a philisophical or cultural discussion, it might be better elsewhere. As has been pointed out repeatedly, the CO is likely to be concerned in this case. Shall we repeat that over and over?



What are you on about? CO's don't judge the behavior of visa applicants based solely upon US 'standards' - whatever THOSE might be. They absolutely take into account the cultural norms, behaviors and idiosyncracies of the people their consulate serves.

That, IMO, is VERY relevant in a discussion about whether or not a denial might occur. Some things NOT 'acceptable' by US standards might be excuseable in another country.


You bet the CO's take cultural norms into account. At the same time, their training and ability to separate their own values and feelings can vary widely. I think a civil discussion on the cultural norms is appropriate here.

I tried to have a conversation about this with my wife who comes from a similar (somewhat) culture but even when we go past the part where she didn't believe the woman's story, a glaring cultural difference raised its head. In China, abortion is legal and the common remedy for all unwanted pregnancy.

As far as cultural norms, there are many variations within the US too. Many women would have done just as this woman says she did, even without a threat from the perpetrator. I wouldn't call it a US cultural norm but common just the same. Shame is a universal emotion.
Haole
OOPs! 3 years living in the Philippines and 2 years legal and physical custody in the US unless child comes on a IR and they get automatic USC from the date on the GC
maore
I am sorry to hear about what happened to your wife. If I were in your situation I would personally do the following :
+ support my wife in reporting the crime - the animal can not roam free and do this to someone else
+ finance a trip for both of you to a place were abortion is legal
That 's my personal opinion interview or visa are really not what worry me in your situation , what I would need if I were in your situation is to rebuild my life and of my special one.

I apologise in advance if it is not what wanted to hear
mox
I've only spent a short time in PI, but I lived in Guam for 2 years. Both places have similar Catholic attitudes, which are much more strict, conservative, and "old school" than what you'd run into in the U.S. here. Many of these people believe that any "sex" outside marriage is a sin, including rape. In these cases, and in these cultures, the woman is blamed as much as or more than the man. I'm not saying they're all like this, but these attitudes DO exist. It's also possible that those in charge (whether family, village elders, etc) have decided the fate of the child for her. Maybe she's been judged unfit, seeing as how she was out sinnin' and all. Never underestimate the power of family or village government. For that matter, never underestimate how misguided and self-serving religion can be, but that's another topic. Nevertheless it could be she simply has no other choice in the matter.

It is feasible then, under these conditions, that the wife would be afraid to report the rape or tell her husband until it was unavoidable. I'm not saying this is definitively what happened, because we just don't know. Unfortunately we're getting little hard information from the OP to know for sure. But there are scenarios where something like this could happen, and you don't have to reach far to see it.

Whatever the case, the OP needs to really heed the excellent advice given about doing whatever it takes to get over there and establish his relationship with his wife.
archie07
QUOTE(rebeccajo @ Oct 2 2007, 11:19 AM) *
Are you all trying to tell me that a woman from the Philippines would be too ashamed after a rape to disclose it to her American husband after it happened?

I am NOT being a wise-a$$ - is that a cultural truth?

Rape is a very traumatic experience. It's difficult for me to understand why a woman would NOT tell her husband immediately. Telling your husband you have been violated isn't the same thing as telling everybody in the village.

If there is ANYTHING about this story that doesn't wash as culturally believable to the CO, it's not going to matter diddly-squat if the OP makes more visits or is even present for the interview. If the CO views the beneficiary as using an American citizen solely for the purpose of immigrating, the visa will be denied.

There was a highly publicized rape case in Manila a year ago. Two of the reasons given for women not reporting the crime were shame and fear. There was also alot of protesting in front of the american embassy. Whether or not this would help in Daves case I don't know. IMO, without documentation I would assume a CO would consider this a case of an adultrous wife with possible intent to commit visa fraud. With this in mind, considering the fact the wife did not tell her husband of the alleged rape, what is the CO to think? I also find it hard to believe she never told her husband but if we read between the lines, there may have been reasons for that. I do feel however if there is any chance at all for this woman getting a visa it would be better for her husband to be present at the interview.
archie07
QUOTE(pushbrk @ Oct 2 2007, 04:32 PM) *
QUOTE(rebeccajo @ Oct 2 2007, 11:47 AM) *
QUOTE(rouguewave @ Oct 2 2007, 01:55 PM) *
QUOTE(rebeccajo @ Oct 2 2007, 01:33 PM) *
QUOTE(rouguewave @ Oct 2 2007, 01:21 PM) *
QUOTE(rebeccajo @ Oct 2 2007, 11:19 AM) *
Are you all trying to tell me that a woman from the Philippines would be too ashamed after a rape to disclose it to her American husband after it happened?


The answer to your question is "Maybe". But perhaps it'd be best to discuss via a seperate thread if you wanted to explore the cultural nuances to this, rather than subjecting the OP to this.


Neither you nor the OP need worry about what I am 'subjecting' him to. It's nothing compared to what the CO may do. My questions are designed to make you THINK about what's likely in store at the interview. It's not doing anybody any good to sit here and pat him on the head and wish him good luck. After all, he asked us what is likely to happen. We'd be doing him a disservice to be less than honest.

Consular Officers at high fraud posts are trained to look for signs of immigration fraud. That training includes questioning the visa applicant in a manner which will yield pertinent answers. If shame over a rape is a cultural norm (to the extent a woman might not tell her husband) then the CO will know this. But you can bet your bottom dollar the CO will still question the woman to see if the shame is real or not. It's their job.

If you think I'm turning up too much heat on the OP, then there's little hope for him when he really gets into the kitchen.


Whether it is a "cultural" norm or not, the CO will be concerned. "Cultural norm" is not the same as "Acceptable behavior". I'd suggest that the CO bases decisions on "Acceptable behavior" (based on US Standards) rather than "Cultural Norm". IMHO there is substantial difference.

My point was if you wanted to devolve to a philisophical or cultural discussion, it might be better elsewhere. As has been pointed out repeatedly, the CO is likely to be concerned in this case. Shall we repeat that over and over?



What are you on about? CO's don't judge the behavior of visa applicants based solely upon US 'standards' - whatever THOSE might be. They absolutely take into account the cultural norms, behaviors and idiosyncracies of the people their consulate serves.

That, IMO, is VERY relevant in a discussion about whether or not a denial might occur. Some things NOT 'acceptable' by US standards might be excuseable in another country.


You bet the CO's take cultural norms into account. At the same time, their training and ability to separate their own values and feelings can vary widely. I think a civil discussion on the cultural norms is appropriate here.

I tried to have a conversation about this with my wife who comes from a similar (somewhat) culture but even when we go past the part where she didn't believe the woman's story, a glaring cultural difference raised its head. In China, abortion is legal and the common remedy for all unwanted pregnancy.

As far as cultural norms, there are many variations within the US too. Many women would have done just as this woman says she did, even without a threat from the perpetrator. I wouldn't call it a US cultural norm but common just the same. Shame is a universal emotion.

I'm having the same problem here, my filipina wife doesn't believe the wifes story either. As for the cultural aspects alot can be learned from reading the Subic Rape Case if anyone wants to google it.
Mister Fancypants
QUOTE(rebeccajo @ Oct 2 2007, 10:33 AM) *
QUOTE(rouguewave @ Oct 2 2007, 01:21 PM) *
QUOTE(rebeccajo @ Oct 2 2007, 11:19 AM) *
Are you all trying to tell me that a woman from the Philippines would be too ashamed after a rape to disclose it to her American husband after it happened?


The answer to your question is "Maybe". But perhaps it'd be best to discuss via a seperate thread if you wanted to explore the cultural nuances to this, rather than subjecting the OP to this.


Neither you nor the OP need worry about what I am 'subjecting' him to. It's nothing compared to what the CO may do. My questions are designed to make you THINK about what's likely in store at the interview. It's not doing anybody any good to sit here and pat him on the head and wish him good luck. After all, he asked us what is likely to happen. We'd be doing him a disservice to be less than honest.

Consular Officers at high fraud posts are trained to look for signs of immigration fraud. That training includes questioning the visa applicant in a manner which will yield pertinent answers. If shame over a rape is a cultural norm (to the extent a woman might not tell her husband) then the CO will know this. But you can bet your bottom dollar the CO will still question the woman to see if the shame is real or not. It's their job.

If you think I'm turning up too much heat on the OP, then there's little hope for him when he really gets into the kitchen.



Well said. good.gif yes.gif
daveg
QUOTE(maore @ Oct 2 2007, 01:59 PM) *
I am sorry to hear about what happened to your wife. If I were in your situation I would personally do the following :
+ support my wife in reporting the crime - the animal can not roam free and do this to someone else
+ finance a trip for both of you to a place were abortion is legal
That 's my personal opinion interview or visa are really not what worry me in your situation , what I would need if I were in your situation is to rebuild my life and of my special one.

I apologise in advance if it is not what wanted to hear


Thanks for your input think I need to hear all views at this point.
I talked to my congress womans office today she said she can't find out how to approach the Embassy
until we decide on what to do, as for if it will affect the visa.
We were thinking of adopting now, but just seen it takes 3 years.
I just can't belive that something so bad that happened to my wife might even effect us being together forver.
Mister Fancypants
Here's a link to the current rape laws in the Philippines... the death penalty can be imposed in many instances.


Anti-Rape Law of 1997

http://web.amnesty.org/library/index/engasa350012001


IMO, because she doesn't want to report the person and is considering allowing the rapist to support the child, she's going to have an extremely difficult time convincing the CO this isn't a fraudulent marriage.



archie07
Since she didn't report the rape, what is to stop him from raping her again?
Skeeter211
QUOTE(rebeccajo @ Oct 2 2007, 10:33 AM) *
QUOTE(rouguewave @ Oct 2 2007, 01:21 PM) *
QUOTE(rebeccajo @ Oct 2 2007, 11:19 AM) *
Are you all trying to tell me that a woman from the Philippines would be too ashamed after a rape to disclose it to her American husband after it happened?


The answer to your question is "Maybe". But perhaps it'd be best to discuss via a seperate thread if you wanted to explore the cultural nuances to this, rather than subjecting the OP to this.


Neither you nor the OP need worry about what I am 'subjecting' him to. It's nothing compared to what the CO may do. My questions are designed to make you THINK about what's likely in store at the interview. It's not doing anybody any good to sit here and pat him on the head and wish him good luck. After all, he asked us what is likely to happen. We'd be doing him a disservice to be less than honest.

Consular Officers at high fraud posts are trained to look for signs of immigration fraud. That training includes questioning the visa applicant in a manner which will yield pertinent answers. If shame over a rape is a cultural norm (to the extent a woman might not tell her husband) then the CO will know this. But you can bet your bottom dollar the CO will still question the woman to see if the shame is real or not. It's their job.

If you think I'm turning up too much heat on the OP, then there's little hope for him when he really gets into the kitchen.



I agree....I can't see them getting around the issue of the child's paternal origin with the CO. I think they must understand that they are in for a hard road ahead in getting her a visa. I don't think anyone here would recommend representing anything but the facts of this already complicated case to the CO as that would only tangle the web more than it already is. In my opinion, the only choice is to tell it like it is and hopefully she is strong enough to convince the CO of her sincerity. Honestly, I am no expert, but I feel the odds are against them in getting a visa with the facts presented.

At the very least, I would expect a very tough interview. Even giving her the benefit of the doubt that she is just naive and made a lot of mistakes here, she has to contend with the fact there have been others before her that set the stage. Sadly, they have tried to get marriage based visas while carrying on a secondary relationship with another man or woman at home in the PI. I don't envy the CO that will hear this case.

Just another thought to throw out there. Being that the OP can't go to the PI for financial reasons at the moment and likely could not be at the interview, what if they just cancelled the petition for now and waited it out a few years. It might let some time pass, which could help in a few areas. One, it would allow them to see how there relationship is going to pan out after such a traumatic event. Many relationships fail from the fall-out of a sexual assault...even from a known perpetrator. It would also allow him to hopefully make more visits to her and build a better case that they both really love each other and its a bona fide relationship. Maybe I am off base here, but its worth some thought I think so I put it out there for consideration by daveg and discussion by others.

Any way you look at it, its a tough road ahead.

PS...The longer one waits to turn the rapist guy in, the less plausible her story will be to police AND to immigration. If you are even contemplating that possibility, she needs to gather up the mustard and cut it ASAP.
Skeeter211
One other thought.....I know money is a tight spot, but an immigration attorney would also be very good here and I think we would be remiss in not at least saying it as necessary advice to the OP.
archie07
Facts and Figures
Philippines
· An average of seven (7) women were raped daily in the Philippines in 2002, the same average recorded in 2001 (www.nscb.gov.ph).
· There were 3,913 rape cases from January to September 2003 according to the latest statistics from the Center for Women’s Resources (www.state.gov)
· Of the 478 rape cases filed in court, 40% happened in the survivor’s residence; 29% took place in far places and vacant lots; 12% in school and inside buildings (Women’s Legal Bureau).
· A study conducted by Women’s Legal Bureau found that 71% of rape perpetrators are people known to survivors. 25% of them are neighbors or people whom their parents know; 15% are their fathers or stepfathers; 8% are their friends.
· In the 478 rape cases from 1961-1992 filed in the Supreme Court, the youngest victim was eight (8) months old while the oldest was 67 (Women’s Legal Bureau, 1995).
Mister Fancypants
QUOTE(Skeeter211 @ Oct 2 2007, 09:19 PM) *
One other thought.....I know money is a tight spot, but an immigration attorney would also be very good here and I think we would be remiss in not at least saying it as necessary advice to the OP.



Probably the best advice to offer him. yes.gif good.gif
Haole
QUOTE(Mister Fancypants @ Oct 2 2007, 09:04 PM) *
QUOTE(Skeeter211 @ Oct 2 2007, 09:19 PM) *
One other thought.....I know money is a tight spot, but an immigration attorney would also be very good here and I think we would be remiss in not at least saying it as necessary advice to the OP.



Probably the best advice to offer him. yes.gif good.gif

OPs main problem looks like proof of a bonifide "loving" marriage. Be nice if he had the bucks to hire one but to me it would be much more productive if he came up with a couple grand in the next few months and went back to PI for a respectable time [Like a month] and attend the interview with his wife.
Been there! Didn't do that and was denied! Different circumstances tho.
Only good things will come of doing such.
It will show more proof they are for real and help pass the interview or he'll find out a one time visit to marry and chatting and caming really wasn't enuf to get to know his lady that well.




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