IMMIGRATION GUIDE (4)
You think you have fallen in love with an elderly American citizen who is old enough to be your father -- or even grandfather. You might even have surrendered your body (although hopefully not your soul) in exchange for his express or implied promise to bring you to America. You should be aware that the most suspect class of would be immigrants are young women who marry much older men. Consular officers believe in the stereotype that young women marry much older men simply to immigrate to America and upon getting a permanent green card will leave their husbands. These women are subjected to extensive background checks and interrogation by the Fraud Prevention Unit where they are asked the most private questions and ridiculed for marrying an old man. Consider this interrogation by an FPU employee of a wife who was more than 30 years younger than her 80 something husband. "Bakit mo pinakasalan ang matanda? Hindi na tatayo." (Why did you marry an old man? He can no longer have an erection.) She insisted: "Puwede pa." (He still can.). The interviewer riposted: "Huwag mong sasabihin sa akin yan. Alam ko. Lalaki ako." (Do not tell me that. I know. I am a man.") With this attitude of consular employees, there is a high degree of denial of visas involving such young women, even though the USCIS has approved their visa petitions. However, there is hope of joining your elderly loved one to America if you follow these 10 Commandments. 1. Have your elderly lover retain the services of an excellent lawyer who has experience in these kind of cases before you marry him. The lawyer can prepare a winning strategy for both of you. 2. Resist the temptation to marry your loved one right away, even if you have fallen in love at first sight. Take a second look, and even a third look, etc. According to an old saying, "marry in haste, repent at leisure." 3. There must be a period of courtship that is well documented with a diary, letters, cards, and other writings. Go on dates with him. Have him save the receipts for the expenses incurred. Let your lover shower you with gifts. Hint to him that an engagement ring is one of the best evidence of a romantic relationship. Have him save the receipts. Consular authorities will want proof that there was a period of courtship and that a romantic relationship existed before you got married. 4. Have a lot of pictures taken of you and your lover in a romantic pose. Have pictures taken also of you and your lover with relatives and friends. Use a camera that records the date or have a picture together holding a newspaper so that the date when it was taken can be determined. Save the newspaper. 5. Open a joint bank account in the Philippines and in the United States. If your lover remits money to you, have him save the receipts. Have your lover name you as a beneficiary in his life or accident insurance policy. 6. Have your lover petition for you as a fiancée. If the consul denies you a visa, he can always come back to the Philippines and marry you. 7. Have a church wedding which is more convincing than one before a judge, even though either one is legal. It is also more convincing to get married in your hometown than elsewhere. Invite a significant number of relatives and friends. Take pictures. 8. Have a honeymoon, consummate your marriage, and live together for a reasonable period of time. 9. You must undergo a medical examination by a private physician to determine if you have any medical problems so that they can be cured before undergoing the medical examination required by consular authorities. 10. You must do a practice interview in person or by telephone with a very competent and experienced immigration attorney before you go for the actual consular interview. All these involve expenses, you say. But what the heck, the measure of one's love is what one is willing to spend for it. If your lover or husband really loves you, he should show his love by spending for you. If you are denied a visa because you and your lover or husband did not follow these 10 Commandments, he will spend thousands for attorney's fees and other expenses, with no guarantee that you will get a visa. What may be worse is that while you and your lover or husband are fighting with consular and immigration authorities to get you a visa, he might find somebody else. You will be left dancing the "Torotot Waltz" by yourself. (Atty. Tipon is from Laoag City. He holds a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from U.P. He practices law and writes law books. He served as an officer of the former INS. Office: 905 Umi St., Suite 201, Honolulu, HI 96819. Tel. (808) 847-1601. E-mail: filamlaw@yahoo.com. Website: www.ImmigrationServicesUSA.com. This article is for general information only and is not intended as legal advice) |