1. The liberty clause of the US Constitution guarantees the fundamental right to marriage.
2. This also guarantees the fundamental right for married couples to live together. (Case law supports this.)
Based on 1 and 2, the filing of the USCIS I-130, Petition for Alien Relative, for an alien wife is a fundamental constitutional right.
That's it, plain and simple. Would you, at an attorney, agree or disagree?
Please refrain from telling me to consult or hire an attorney. I am forced to proceed pro se.
Yes, you have a right to file a I-130 petition, whether that petition is granted is up to the service after application of immigration ;aw. here is not absolute right to a green card m--- there is no "plain and simple" when it comes to immigration law.
The only places in the US Constitution where "liberty" is mentioned is the 5th and 14th Amendments, which provides that a person may not be deprived of liberty without "due process of law." Therefore, there really is no "liberty clause" of the US Constitution, but only a "due process" clause. Admittedly, some US Supreme Court cases have found certain rights "implicit in the concept of ordered liberty" and have found such rights may be enforced, but always with limitations. The "fundamental" right to marriage is subject to numerous restrictions. I cannot marry my mother, my father, my daughter, my son. I cannot marry someone who is already married. In many states (right now) I cannot marry another man. I cannot marry an underaged child. Under your analysis, members of the worst terrorist group in the world could get into the country just by finding a US citizen to marry each of them. Therefore, it is my opinion that an absolutist approach like you suggest is not likely to succeed. In my opinion, you have a better chance of winning by showing that the existing laws back your petition, rather than by claiming that the constitutional guarantee of "liberty," which appears nowhere in the constitution, makes the laws unconstitutional.
