I have read the conditions to be eligible to apply for I-360 (widower category)
1.) You said your husband died after 3 mos after wedding.
**to be eligible, you must be married at least 2 years before he died
2.) You said, he died 3 years ago.
AND **to be eligible, you must have filed for I-360 less than 2 years after his death
Perhaps, your atty was right. In order for you to change status is to get married to a USC. Might sound awkward and unfair for your boyfriend but it might be just the only choice. Two people should be married for the purpose of love and wanting to be together and be a family.
Hopefully, there is some other way. If there is, then go for it. Then you two might realize to get married the right way.
I am so sorry. I didnt pay attention to the details of ur situation.
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I think you are eligible to adjust status as Special Immigrant:
You can file for I-360;
http://uscis.gov/graphics/formsfee/forms/i-360.htm
Take a look at or read "Widower" category. File I-360 along with I-485 (adjustment of status).
It seems like the atty u hired wasnt excellent at all. When you were applying for work permit, did you also send proof that you were married to USC? Maybe ur application got denied because they thought u were still single, overstaying in the USA on J1 visa.
Just a thought. Perhaps you should seek another legal advice. Something seems wrong with the kind of advice you got.
Getting married again seems would only complicate your case more. First you came to the USA with J1 visa, got married, didnt apply for green card (I-485) "you were not illegal but just out-of-status",then your husband died, still didnt apply for I-360 and I-485. For not applying for green card/adjust status after your husband died, shouldnt make you an illegal but "out-of-status". Please anyone, correct me if I am wrong.
As I understand, as a widower you can change your status, get a green card (I-485) with I-360.
If I were you, I would apply for I-30 with I-485; while they are pending, apply again for work permit with receipts or proof that you have filed for I-360 and I-485.
Talk to as many IMMIGRATION attys as u can. There are many IMMIGRATION attys that offer FREE initial consultation.Leave a comment:
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Karlotta, Illegal for 3 years after husband's death
I think you are eligible to adjust status as Special Immigrant:
You can file for I-360;
http://uscis.gov/graphics/formsfee/forms/i-360.htm
Take a look at or read "Widower" category. File I-360 along with I-485 (adjustment of status).
It seems like the atty u hired wasnt excellent at all. When you were applying for work permit, did you also send proof that you were married to USC? Maybe ur application got denied because they thought u were still single, overstaying in the USA on J1 visa.
Just a thought. Perhaps you should seek another legal advice. Something seems wrong with the kind of advice you got.
Getting married again seems would only complicate your case more. First you came to the USA with J1 visa, got married, didnt apply for green card (I-485) "you were not illegal but just out-of-status",then your husband died, still didnt apply for I-360 and I-485. For not applying for green card/adjust status after your husband died, shouldnt make you an illegal but "out-of-status". Please anyone, correct me if I am wrong.
As I understand, as a widower you can change your status, get a green card (I-485) with I-360.
If I were you, I would apply for I-30 with I-485; while they are pending, apply again for work permit with receipts or proof that you have filed for I-360 and I-485.
Talk to as many IMMIGRATION attys as u can. There are many IMMIGRATION attys that offer FREE initial consultation.
Leave a comment: