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Thread: Looking for advice

  1. #1
    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. #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.

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

  4. #4
    Hi Salvation and welcome,

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

  5. #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.

  6. #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

  7. #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.

  8. #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.

  9. #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.

  10. #10

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