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How to petition for an alien spouse without really trying

“Do I need a lawyer to petition for a relative?” a buxomly woman asked of a lawyer. “Why do you ask that question?” the lawyer inquired.  “My grandfather petitioned for my father and mother. It was approved. He did not have a lawyer. I petitioned for my husband without a lawyer but it was disapproved.” “Maybe you are not as smart as your grandfather,” replied the lawyer.  “I do not like your answer,” the woman complained.

“Ok. Your grandfather was petitioning for a son. You were petitioning for a spouse. The requirements are different. Here are the instructions for petitioning a relative. You will find all the requirements there.”  “After I read the instructions, do I still need a lawyer?” the woman persisted.

“Look, you are asking a lawyer whether you need a lawyer. What do you expect the lawyer to say? That you do not need a lawyer? Then you will go around broadcasting that Abogado De Campanilla told you that you do not need a lawyer to file a petition for your relative. Then everybody will do it without a lawyer. When their petition is disapproved they will blame Abogado De Campanilla because he said that you do not need a lawyer. Get out of here.”

The first step in filing a petition for an alien spouse is to get the instructions for Form I-130, Petition for Alien Relative. Read them very carefully. If you do not understand them, get someone who can. If you really love your spouse, hire a lawyer. Damn the cost. This is not the occasion to economize. Anyway, $1,000-$1,500 is a reasonable fee. Beyond that is exorbitant.

Cheapskate husband
A cheapskate husband in the U.S. filed a petition for his wife by himself. USCIS requested the petitioner to submit Form G-325A for his wife. The husband did not comply. In the meantime, a playboy courted and won the wife probably telling her that her husband did not care about her since he had not petitioned her even though several years had elapsed. The cuckolded husband asked a lawyer what he should do. “If I were you,” said the wise lawyer, “forget about her. If you petition for your wife and you are reunited, when you make love with her you will always be thinking of the other guy making love with your wife. You will be jealous, suffer E.D., and become an NPA (non-performing asawa).  “But I still love her,” insisted the guy, “look how beautiful she is (showing the lawyer a picture of the adulterous wife), I am willing to forgive her.”

Forms, fees and supporting documents
Ala ngarud,” said the Ilocano lawyer, let us file a new I-130 petition that is complete with supporting documents. We will write a cover letter listing all the forms and documents you are filing. Many of the items listed here are not specified by the instructions, but we have found through experience that they are useful in convincing the USCIS that your marriage is bona fide (in good faith). Remember, the USCIS is always suspicious of visa petitions for a spouse because of the high incidence of marriage fraud. If you do not submit sufficient evidence to convince the USCIS officer who will process your papers that your marriage is bona fide, the officer will send you a blue form REQUEST FOR EVIDENCE asking you to submit more evidence. I have never received a REQUEST FOR EVIDENCE in connection with I-130 petitions I have filed for alien spouses but I have seen several that were sent to other petitioners who prepared the petition themselves or had incompetent “consultants” misguide them.

Here is a sample list of documents to submit to USCIS:
Fees and Forms
(1) Form I-130 completed and signed by petitioner; (2) Check or money order for the filing fee payable to U.S. Department of Homeland Security ($ 420.00 as of this writing but check USCIS website for current fee); (3) Form G325A completed and signed by petitioner, with one passport size colored photograph; (4) Form G325A completed and signed by spouse, with 2 passport size colored photographs.
Documents Relating to Petitioner
(1) Citizenship documents or Permanent Resident card or other evidence of permanent resident status of petitioner; (2) passport of petitioner showing trips abroad to visit the spouse; (3) if previously married, document evidencing termination of all prior marriages, such as divorce decree, annulment decree, or certificate of death.
Documents Relating to Alien Spouse
(1) Certificate of Live Birth of the spouse, showing the place and date of birth. In the Philippines, it must be a certificate issued by the National Statistics Office; (2) if previously married, document evidencing termination of all prior marriages, such as divorce decree, annulment decree, or certificate of death.

Documents Relating to both Petitioner and Alien Spouse
(1) certificate of marriage of petitioner and spouse; (2) pictures of petitioner and spouse together before, during, and after wedding ceremony, including pictures with friends or relatives; (3) “Historia de un amor” or declaration of how petitioner met spouse, their courtship and marriage, what they like about each other, who proposed marriage, physical presence at wedding, fact that there was a honeymoon, and that marriage was consummated; (4) joint documents to establish a bona fide marriage, (5) affidavits of friends and relatives with personal knowledge of the bona fides of the marital relationship; and (6) other relevant documents to establish that there is an ongoing marital union.


(Atty. Tipon has a Master of Laws degree from Yale Law School where he specialized in Constitutional Law. He has also a Bachelor of Laws degree from the University of the Philippines. He placed third in the Philippine Bar Examination in1956. His current practice focuses on immigration law and criminal defense. He writes law books for the world’s largest law book publishing company and writes legal articles for newspapers. He has also a radio show in Honolulu, Hawaii with his son Noel, senior partner of the Bilecki & Tipon law firm, where they discuss legal and political issues. Office: American Savings Bank Tower, 1001 Bishop Street, Suite 2305, Honolulu, Hawaii, U.S.A. 96813. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com. Website: www.bileckilawgroup.com. He was born in Laoag City, Philippines. He served as a U.S. Immigration Officer. He is co-author with retired Manila RTC Judge Artemio S. Tipon of the best-seller “Winning by Knowing Your Election Laws” and co-author of “Immigration Law Service, 1st ed.,” an 8-volume practice guide for immigration officers and lawyers. This article is a general overview of the subject matter discussed and is not intended as legal advice. No warranty is made by the writer or publisher as to its completeness or correctness at the time of publication. No attorney-client relationship is established between the writer and readers relying upon and/or acting pursuant to the contents of this article.)

Comments

  1. Having experienced the stress of needing a passport urgently, I can't emphasize enough how important it is to have access to expedited Passport services. The peace of mind knowing that you can get your passport quickly is worth every penny. Just remember to have all your documents in order!

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