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  • Looking for advice

    My story might sound odd, but that is why I would like to get some opinions or firm knowledge on what I should do.
    I came to the US in the beginning of June 2005 on Work&Travel exchange student program. The person I was supposed to work for I had known a bit before the program, and once we met we ended up falling in love and getting married. At first I didn't even think about getting my paperwork in order, after a while when I decided I needed to get a green card to be able to work past the time allowed by the student program, my husband started to drink heavily due to some problems in his life before we had met. he became an alcoholic drinking all the money I had coming from my parents for my paperwork away. I have been dealing with his problems for over 2 years until my patience gave a big crack and I decided to move in with a friend for a while to let my relationship with my husband cool off. I moved out in September 2007, we kept in touch through emails and phone calls. at the end of January 2008 I found out from our mutual friend that my husband passed away December 25, 2007. Nobody let me know, I didn't even get to go to his funeral. I moved to a different state since then, unable to stay in the same state where all this happened.
    Now I'm confused as to how I can get my paperwork in order. Should I try and get a green card? I stopped on form I-360 a widow's petition. Would that be the correct way to go? I am very close to 5 years of residence to be able to apply for adjustment of status, but I honestly have very little understanding of the system here in the US. If someone has an idea of what I can do to be able to start working and living as a citizen of this country, please let me know!
    I really appreciate you reading this long message and any help regarding my issue is greatly appreciated as well.

  • #2
    My story might sound odd, but that is why I would like to get some opinions or firm knowledge on what I should do.
    I came to the US in the beginning of June 2005 on Work&Travel exchange student program. The person I was supposed to work for I had known a bit before the program, and once we met we ended up falling in love and getting married. At first I didn't even think about getting my paperwork in order, after a while when I decided I needed to get a green card to be able to work past the time allowed by the student program, my husband started to drink heavily due to some problems in his life before we had met. he became an alcoholic drinking all the money I had coming from my parents for my paperwork away. I have been dealing with his problems for over 2 years until my patience gave a big crack and I decided to move in with a friend for a while to let my relationship with my husband cool off. I moved out in September 2007, we kept in touch through emails and phone calls. at the end of January 2008 I found out from our mutual friend that my husband passed away December 25, 2007. Nobody let me know, I didn't even get to go to his funeral. I moved to a different state since then, unable to stay in the same state where all this happened.
    Now I'm confused as to how I can get my paperwork in order. Should I try and get a green card? I stopped on form I-360 a widow's petition. Would that be the correct way to go? I am very close to 5 years of residence to be able to apply for adjustment of status, but I honestly have very little understanding of the system here in the US. If someone has an idea of what I can do to be able to start working and living as a citizen of this country, please let me know!
    I really appreciate you reading this long message and any help regarding my issue is greatly appreciated as well.

    Comment


    • #3
      ...............................
      SonofMichael
      ILW Community Disorganizer

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      • #4
        Hi Salvation and welcome,

        Did your husband file a petition for you? What is your currect status?

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        • #5
          hello. My husband did nothing to help me with my paperwork, so I am pretty much stuck with an expired visa at this moment, however from what I understand I am still being legally in the country due to being married for well over 2 and a half years. That's why I am looking for advice as to on what basis I can apply for temporary or permanent citizenship. I would like to sort out my paperwork and start working on my own, as of right now I am living with a friend who is trying to support me until I can stand on my own, as well as receiving help from my family located in Russia. They are willing to pay for my citizenship, whether I do it on my own or with help of an immigration attorney, however I would like to do it on my own, just trying to collect the necessary information about what I can do.
          I have filled out form I-360, and will have my marriage certificate, my husbands birth and death certificate on hand as well. Just not 100% sure if that's the way to go.

          Comment


          • #6
            Did you have a legal separation from him at the time of his death or were the two of you just living apart? I ask because that is one of the conditions on the Form I-360 that would prevent you from qualifying. And you are not remarried, correct? If you were not legally separated and not remarried, I see no reason why you can't use this route to get your legal permanent residence.

            It sounds like you've read up on the I-360 process, but just in case, here's the link from USCIS:

            http://www.uscis.gov/files/form/i-360instr.pdf

            Comment


            • #7
              we were not legally separated, just were taking a break from the problems we were having, I have not remarried since.
              Since no paperwork was done ever since I came to the US it's still possible for me to file right now? and form I-360 would be the best way for me to go?
              I really appreciate your time and answers.

              Comment


              • #8
                Also, this form will grant temporary citizenship? do I have to file additionally for work permit? I aplogize if I sound so unknowing, but this really is very new to me.

                Comment


                • #9
                  From what I read, I-360 looks like it will work for you. You need to file soon though - before the 2nd anniversary of your husband's death. You also might want to consult with an immigration attorney since you are new to this. If the I-360 is approved, you should get a permanent green card, not temporary since you were already married over two years. The application for work permit (I-765) is a separate form.

                  Comment


                  • #10
                    This is the link for the I-765 process:

                    http://www.uscis.gov/portal/si...CM10000045f3d6a1RCRD

                    Comment


                    • #11
                      thank you very much for sharing your knowledge with me on this subject. I am planning to file early september, still waiting for the death certificate from North Carolina to arrive. Also thank you for pointing out the form for the additional work permit. Thanks again for your time and effort!

                      Comment


                      • #12
                        You are quite welcome and lots of luck to you. Come back if you need anything else. There are normally lots of helpful people here.

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Salvation:
                          hello. My husband did nothing to help me with my paperwork, so I am pretty much stuck with an expired visa at this moment, however from what I understand I am still being legally in the country due to being married for well over 2 and a half years. That's why I am looking for advice as to on what basis I can apply for temporary or permanent citizenship. </div></BLOCKQUOTE>


                          <span class="ev_code_RED">No this is not true. You are illegalas paperwork was never filed to petition, I-130 and your status was never adjusted. You are not eligible for citizenship as you do not have your greencard. No such thing as temporary citizenship and citizenship cannot be bought. See below links and recent information from my previuos post that has made it possible for you to not be deported...... before there was no relief and you would have been deported. Be aware, in your case there may be a suspicion because you never applied to adjust your status, and conveniently now your husband is DEAD, may god rest his soul.</span>



                          Posted 06-30-2009 11:58 AM Hide Post



                          DHS Secretary Suspends the "Widow's Penalty"
                          On June 9, DHS Secretary Janet Napolitano announced that the government would cease the prosecution and deportation of widows and orphans of U.S. citizens who died before the permanent residence process could be completed.



                          “Smart immigration policy balances strong enforcement practices with common-sense, practical solutions to complicated issues,” said Secretary Napolitano. “Granting deferred action to the widows and widowers of U.S. citizens who otherwise would have been denied the right to remain in the United States allows these individuals and their children an opportunity to stay in the country that has become their home while their legal status is resolved.”


                          ICE will no longer place qualifying widow(er)s and orphans in removal proceedings. If a person has already been ordered removed, ICE will not enforce the removal order.


                          In addition, USCIS will favorably consider requests for “humanitarian reinstatement” of revoked immigrant visa petitions.



                          The new policy will apply regardless of whether the U.S. citizen submitted a visa petition on behalf of his or her spouse and children before their death.


                          We link to the DHS Press Release from our “Green Cards Through Family Members” page at


                          http://shusterman.com/family.html#2



                          Secretary Napolitano’s new policy is a stopgap measure which does not change the law, but allows time for Congress to step in and change the law before any deportations can take place.



                          And step in they did.



                          Just two days after Secretary Napolitano announced her new policy, Senators Menendez (D-NJ), Gillibrand (D-NY) and Leahy (D-VT) introduced the Orphans, Widows and Widowers Protection Act (S. 1427) which addresses the immigration-related hardships caused by the death of a sponsoring relative.



                          We link to this bill from our “Immigration Legislation” page at


                          http://shusterman.com/toc-leg.html#3



                          Currently, the issue is being litigated in courts all across the U.S. There are nearly 20 cases being fought in Federal Court. Three federal appeals courts have ruled that an immigrant does not cease being a spouse when the American partner dies during the processing of a residency application.



                          relief from widow's penalty


                          <a href="http://www.ssad.org/images/Surviving_Spouses_Deferred_Action_Guidance.pdf" target="_blank">

                          http://www.ssad.org/images/Sur...n_Guidance.pdf</a>

                          Comment


                          • #14
                            I would hardly call it convenient, and definitely hardly suspicious. He died of Heart Failure, not something anyone could predict or suspect to happen to anyone. Thank you for the information anyway.

                            Comment


                            • #15
                              The new policy on widows will cover you. Go for it. We need more hot babes here.

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