Originally posted by sappyconifer:
quote:
Originally posted by Cayita:
The marriage needs to be 2 years old by the time of the USC death.
I disagree, though not wholly, but certainly in this context. Yes, Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (INA) provides that an alien who was the spouse of a US citizen for at least two years before the citizen died shall remain
eligible for immigrant status as an immediate relative. But that relates to the widow/er's ability to continue with an I130 petition and adjustment of status if the US citizen spouse is deceased prior to approval.
In this case, the alien has already received conditional status and is considered an LPR. She could apply to remove conditions alone, using the death certificate to support her contention that she is eligible to self-petition on the basis that the marriage was bona fide but due to the untimely death of her former US citizen spouse, they are unable to jointly file. Evidence of co-mingled lives, and financial assets, as in any removal of conditions submission would need to accompany the I-751 waiver.
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