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  • If US Citizen Spouse Pass Away

    I'm wondering what will happen to conditional green card if US citizen spouse pass away, can the survior file self-petition to remove condition? What's the chances then? (marriage is a true marriage).

  • #2
    I'm wondering what will happen to conditional green card if US citizen spouse pass away, can the survior file self-petition to remove condition? What's the chances then? (marriage is a true marriage).

    Comment


    • #3
      If they had been married for more than 2 years, the surviving spouse can self-petion him/herself. He/She still has to prove it was a bonafide marriage.

      Comment


      • #4
        Then how about married less than 2 years? What will happen then? Can the survior self-petitioned to remove condition too?

        Comment


        • #5
          The marriage needs to be 2 years old by the time of the USC death.

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Cayita:
            The marriage needs to be 2 years old by the time of the USC death. </div></BLOCKQUOTE>
            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.
            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by MRN:
              I'm wondering what will happen to conditional green card if US citizen spouse pass away, can the survior file self-petition to remove condition? What's the chances then? (marriage is a true marriage). </div></BLOCKQUOTE>

              If the USC was killed as part of terrorist then yes you can get gc

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by susie:
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by MRN:
                I'm wondering what will happen to conditional green card if US citizen spouse pass away, can the survior file self-petition to remove condition? What's the chances then? (marriage is a true marriage). </div></BLOCKQUOTE>

                If the USC was killed as part of terrorist then yes you can get gc </div></BLOCKQUOTE>

                The OP is a conditional permanent resident and as such there are no special requirements related to the death of the USC petitioner. The alien would simply file an I751 waiver accompanying it with the death certificate of the USC.

                susie,
                Why would you add requirements to the OP's case that are not defined in the INA?
                The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                Comment


                • #9
                  susie,
                  Why would you add requirements to the OP's case that are not defined in the INA?[/QUOTE]

                  Because he may have died as a result of terrorisum

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by susie:
                    susie,
                    Why would you add requirements to the OP's case that are not defined in the INA? </div></BLOCKQUOTE>



                    Because he may have died as a result of terrorisum[/QUOTE]

                    Comment


                    • #11
                      Snappyconifer,

                      How hard would it be to self-remove condition under the circumstances of the spouse's death?

                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by sappyconifer:
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Cayita:
                      The marriage needs to be 2 years old by the time of the USC death. </div></BLOCKQUOTE>
                      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. </div></BLOCKQUOTE>

                      Comment


                      • #12
                        An I-360 is for Amerasians, Abused spouses and widows/widowers of USC.

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by max-one:
                          An I-360 is for Amerasians, Abused spouses and widows/widowers of USC. </div></BLOCKQUOTE>

                          Indeed, but only if the marriage through which the alien is to be conferred immigrant benefit is two years old at the time of the death of the USC petitioner.

                          MRN,
                          If the alien already has conditional residency (LPR) then the widow/er can self-petition to remove conditions using the form I751 and providing a death certificate.
                          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by susie:
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by susie:
                            susie,
                            Why would you add requirements to the OP's case that are not defined in the INA? </div></BLOCKQUOTE>



                            Because he may have died as a result of terrorisum </div></BLOCKQUOTE>[/QUOTE]

                            thats ridiculous. terrorism as in what?

                            Comment


                            • #15
                              I would say take a good care of your husband so he does not die within first 2 years
                              Just teasing ... this I-751 filing by yourself because your spouse died should be OK, it is not anything you can influence. Just have enough evidence you lived together, had some assets together, mutual property posession, his last will in your favor or so on and you should be fine.
                              さん,がんばれ!

                              Comment



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