Announcement

Collapse
No announcement yet.

Unusual situation: marriage/death

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Unusual situation: marriage/death

    Hi guys. I have an unusual situation. I was married to an american citizen for 2 years and unfortunately he died right before I got a notice from USCIS that our case was cent to the local district office for adjudication.
    Do you know by any chance what should I do in this situation? Should I file a waiver before I go to the interview? Thank you.

  • #2
    Hi guys. I have an unusual situation. I was married to an american citizen for 2 years and unfortunately he died right before I got a notice from USCIS that our case was cent to the local district office for adjudication.
    Do you know by any chance what should I do in this situation? Should I file a waiver before I go to the interview? Thank you.

    Comment


    • #3
      What is your current status in the US? Are you a conditional permanent resident in the process of applying for removal of conditions?

      Comment


      • #4
        how long had you been married? 2 years to the date? more? less? That may be a crucial information..

        Comment


        • #5
          Wow; her husband "dies" and her first question is how it affects her immigration status. I am always amazed at how cold and heartless these people are.

          Comment


          • #6
            Thank you for your support guys. I have a permanent conditional residency. I've been married for a liitle bot more than two years.
            My husband died almost a month and a half ago.
            I do not want to seem heartless. It is really difficult for me believe me. ..

            Comment


            • #7
              We applied jointly to remove the conditions on my status in August. I recved a notice that our case was sent to the local ditrict office for adjudication. So I am waiting for the interview.
              I am asking these questions because it would be extremely hard for me to be away from him. Beleive me or not SonofMichael, but I loved and still my husband A LOT! And how can you dare offend people in this situations anyway?! I think you are extremely rude and ignorant!
              Sorry guys for the last commet that was addressed obnly to MichaelSonof.

              Comment


              • #8
                FOR YOUR INFORMATION - I am the nicest and most polite person on this board (or anywhere else for that matter !). I have seen thousands of cases where the foreign wife murdered their huband to get a green card. This happens 78 % of the time. So how did your husband die? What country are you from? How did you meet? How old was he and how old are you? We need this to make a determination of your case.

                Comment


                • #9
                  I would be glad to know that I was mistaken about you SonofMichael.
                  What you described is really hard to believe.. According to your info 78% of immigrants are cruel murderers. Just to get the green card? Come on..Or am I that naive?

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SonofMichael:
                    .... So how did your husband die? What country are you from? How did you meet? How old was he and how old are you? We need this to make a determination of your case. </div></BLOCKQUOTE>

                    No we don't...

                    Resident, you cleared a few things. If USCIS spouse is deceased, a conditional resident should file I-751 requesting a waiver from filing a joint petition.
                    Now, I have never heard a story of someone in your situation and how it was handled. On the other hand, for example, if a couple files jointly to remove conditions, and then divorces before the decision, the alien spouse is suppose to submit a new I-751 requesting waiver. I am guessing, the same would apply to your situation - filling a new I-751 requesting a waiver from joint petition (it is the same form, just check different box).
                    The best would be if you can consult a lawyer or make an infopass appointment and talk to an immigration officer in your local USCIS.

                    Comment


                    • #11
                      For your info. I alsready sent the death certificate to the local district office and the cause of the death is mentioned there too.
                      I just need to know weather I should file again I-751 as a widow before I go to the interviw or should I wait for it to come first. Thank you.

                      Comment


                      • #12
                        I notice you didnt answer my questions; very suspicious

                        Comment


                        • #13
                          Thank you aneri. So ..looks like my situation is really unique...I will be glad to get any other info if somebody has more details. Thank you gain!

                          Comment


                          • #14
                            You can be as suspicious as you want.. SonofMichael.. I don't care.

                            Why do you need to know all that info..Are you the one who makes decions on cases or what?

                            Comment


                            • #15
                              CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN SPOUSES AND SONS AND DAUGHTERS.

                              SEC. 216 [8U.S.C. 1186a](a) In General:-

                              (1)CONDITIONAL BASIS FOR STATUS:- Notwithstanding any other provision of this Act, an alien spouse (as defined in subsection(g)(1) and an alien son or daughter(as defined in subsection(g)(2) shall be considered, at the time of obtaining status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section.

                              (c) REQUIREMENT OF TIMELY PETITION AND INTERVIEW FOR REMOVAL OF CONDITION:-
                              (1) IN GENERAL: In order for the conditional basis established under subsection (a) for an alien spouse or an alien son or daughter to be removed-
                              (A) the alien spouse and petitioning spouse(if not deceased) jointly must submit to the Attorney General, during the period described in subsection (d)(2) a petition which request the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection(d)(1)

                              SEC.216 [8 U.S.C. 1186a] (B)The qualifying marriage was entered into in good faith by the alien spouse, but the qualifying marriage has been terminated(other then through the death of the spouse) and the alien was not at fault in failing to meet the requirements of the paragraph(1).

                              You should go for an Interview with the certified copy of your husbands death certificate ,he/she might ask about your husband just give him/her that certificate.

                              Comment

                              Sorry, you are not authorized to view this page

                              Home Page

                              Immigration Daily

                              Archives

                              Processing times

                              Immigration forms

                              Discussion board

                              Resources

                              Blogs

                              Twitter feed

                              Immigrant Nation

                              Attorney2Attorney

                              CLE Workshops

                              Immigration books

                              Advertise on ILW

                              EB-5

                              移民日报

                              About ILW.COM

                              Connect to us

                              Questions/Comments

                              SUBSCRIBE

                              Immigration Daily



                              Working...
                              X