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i 360 or i 485 pls help?

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  • i 360 or i 485 pls help?

    hi good day, just want to ask something that is really bothering me. we have our AOS interview last week but something goes wrong that no approval was made yet. My US husband passed away whle i was still in my country, i got my k3 visa so i flew in here last year. But they said i cant have my AOS because my date of entry is after my husband passed away. pls help me...we file 1360 for widow to cuncurrently...pls help me. wat to do.

  • #2
    hi good day, just want to ask something that is really bothering me. we have our AOS interview last week but something goes wrong that no approval was made yet. My US husband passed away whle i was still in my country, i got my k3 visa so i flew in here last year. But they said i cant have my AOS because my date of entry is after my husband passed away. pls help me...we file 1360 for widow to cuncurrently...pls help me. wat to do.

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    • #3
      Sorry, you have to pay a good lawyer on this case.

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      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
        Sorry, you have to pay a good lawyer on this case. </div></BLOCKQUOTE>

        RE: yes i have my lawyer but i just want to solicit more infos regarding how this case will work.
        i have a son who is two years old now..i dont know if this help my case.

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        • #5
          Did the I 130 OR IR-1 OR CR-1 was ever filed for you prior to getting K3? did you have receipt?

          8 C.F.R. § 204.2 Petitions for relatives, widows and widowers, and abused spouses and children

          (iv) A currently valid visa petition previously approved to classify the beneficiary as an immediate relative as the spouse of a United States citizen must be regarded, upon the death of the petitioner, as having been approved as a Form I–360, Petition for Amerasian, Widow(er) or Special Immigrant for classification under paragraph (b) of this section, if, on the date of the petitioner's death, the beneficiary satisfies the requirements of paragraph (b)(1) of this section. If the petitioner dies before the petition is approved, but, on the date of the petitioner's death, the beneficiary satisfies the requirements of paragraph (b)(1) of this section, then the petition shall be adjudicated as if it had been filed as a Form I–360, Petition for Amerasian, Widow(er) or Special Immigrant under paragraph (b) of this section.
          Its a discussion, not a legal advise..

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          • #6
            hi Mohan....i was approved with a K3 Visa and so as my daughter K4...the officer told me that the only thing that they are in awe of for discussion is the date of my entry which was after my husband death..i dont know why they put so much emphasis wiht this...thanks

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