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Filed I-751 and now widowed

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  • Filed I-751 and now widowed

    Hello,
    My husband (US citizen)just passed away and I am really lost on what I should do.
    We were maried for over 3 years, I filled I-751 for the conditional to be removed last february, the case is still pending.
    Am I suppose to let the immigration know that my husband just passed? I am really lost on what am I suppose to do paper wise, what are the proper steps? does anyone knows? thank you

  • #2
    Your Husband Passed Away????

    More details please???? what Happened????

    My Sympathy and Sorry To Hear of Your Demise.
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

    Comment


    • #3
      Often immigrants will murder their spouses to get a green card. This happens quite frequently. How did your souse alledgedly die???? Poisin??

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      • #4
        Originally posted by carolus 1234:
        Hello,
        My husband (US citizen)just passed away and I am really lost on what I should do.
        We were maried for over 3 years, I filled I-751 for the conditional to be removed last february, the case is still pending.
        Am I suppose to let the immigration know that my husband just passed? I am really lost on what am I suppose to do paper wise, what are the proper steps? does anyone knows? thank you
        I am sorry to hear about your plight,but if I'm not mistaken an I-751 is based on a valid currently functioning marriage & if the petitioner is removed from the marriage then it is likely the petition will also be removed as a result.

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        • #5
          Carolus, I am sorry for your loss. Unfortunately, Lyric is right. It's known as the widow penalty, however I believe that there is legislation, either proposed or approved, that aims to address it.

          I would suggest that you consult an immigration attorney as soon as possible.
          **************************************
          The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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          • #6
            Hi Carlous,

            There is (and has been for a long time) a possibility to file a waiver I-751 in cases like yours. I am pretty sure all you need to do now is to send a new I-751 as a widow. Enclose all the evidence you used before, some more recent one and death certificate. In the cover letter you may want to mention that you are withdrawng the joint I-751.

            (The same procedure would be if one divorced during the time a joint I-751 was pending).

            "Widow penalty" refers to something else.

            From I-751 instructions:
            "However, you may apply for a waiver of this joint filing requirement if:
            1. You entered the marriage in good faith, but your spouse subsequently died;"

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            • #7
              My husand was diagnosed with cancer 3 month ago, it all went really fast...
              So you are saying that I would have to file all over again the I-751? even if I already did the biometric 5 month ago?
              Thanks for all of your input, truly

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              • #8
                Sorry for your loss. You should make an INFOPASS appointment with the office and advise them of the situation and you will probably have to refile as a widow. Good Luck.

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                • #9
                  Originally posted by iperson:
                  SOM, you know nothing about communism. I lived through communism for my first 15 years of my life.
                  I know what communism is. You don't. You know nothing about history and the words you use.
                  Obama is anti-communism just as Solidarnosc was anti-communism.
                  Obama is the man of Hope just as Lech Walesa was the man of Hope.
                  People chanted "Solidarnosc" as much as people chanted "Obama".

                  Bush is much closer to commmunism. He killed 1.2 million people so far.

                  I agree Bush is close to communism as well. He killed 5000 people - American servicemen (Foreigners do not count as people). So I have lived 8 years under communism and now Obama will give us another 8 more. So you USED to live under communism while I CURRENTLY live under communism. I know far more about communism than you do. I remember when America was semi-capitalist. Now Russia is more capitalistic than America. Quite sad.

                  Comment


                  • #10
                    Originally posted by iperson:
                    I didn't say Obama is close to communism "as well".
                    And Bush administration was not communist, more fascist than anything else.
                    Shows how little you know about politics, or anything else for that matter.
                    Lets compare credentials, shall we?

                    Me first -

                    BS Physics
                    MBA Finance/Economics Honor Society
                    JD focusing on ethics and finance
                    Supply Chain Specialist
                    Active member of Libertarian Party and Foundation for Economic Education

                    Now your turn...

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                    • #11
                      You need to notify USCIS of your husband's death. You can still self petition, so don't worry.

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                      • #12
                        what if I just wait to see if they send the card without interview? is it wrong?
                        Do I have to notified that my husband just passed?

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                        • #13
                          Originally posted by carolus 1234:
                          what if I just wait to see if they send the card without interview? is it wrong?
                          Do I have to notified that my husband just passed?

                          You already know the answer to your own question. It would be fraud . They need to know and the circumstances of his death. Hmmm. Is there something that you are worried about in relationship to this?

                          Filing after Death of U.S. Citizen Spouse
                          ©MurthyDotCom


                          If the U.S. citizen spouse dies the conditional permanent resident must file for a waiver of the joint I-751 petition. The conditional permanent resident must again be able to show that s/he entered into the marriage in good faith in order to obtain an approval of the waiver and be granted regular lawful permanent resident status. In order to qualify, it is also necessary to document the death of the U.S. citizen spouse and file within certain timeframes.

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                          • #14
                            Originally posted by iperson:And the last time I checked you were studying to become a lawyer.
                            What a nimrod. What do you think a JD is?

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                            • #15
                              Yes, you must take the action to notify USCIS. Otherwise they will think you are hiding something and deny your petition for fraud.

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