“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.)
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