Bringing biological mother to the US with conflict to K1 (merged threads)

[GreenGem 58]

Hello fellow VJers,

I am really hoping someone could help us out on what to do because I haven't encountered or read or none that I am aware of in this situation we have. Please bear with me on the long story. Thank you.

My mother in law (47 y.o) was petitioned by my father in law (54 y.o. he recently passed away) thru k1 visa in the year 2014. (They've been living in together eversince in a common marriage but was not soon legally married until my mother in law got here in the US last 2014) They have six children, everyone is here in the US and only one has been naturalized (my husband). My mom in law and dad in law got married last Jan. 1, 2015 my mom in law entered the US on Oct 15, 2014 again thru k1. they got married on time was it took a long time for them to apply an adjustment of status because my dad in law got series of surgeries, one of their children had an accident, all misfortunes. They just filed the adjustment of status last March 2016 and another misfortune happened my dad in law was diagnosed with Lung Cancer stage 4 and the tumor had spread out all over his body and the doctor said nothing can be done anymore. So, my dad in law wanted to spend his last days in our birth town, Philippines. My mother in law, knowing that her application for adjustment of status is still pending risk going back home with my dad in law. She didn't want to leave his side.

So, our dilemma, how are we going to bring my mom in law back here in the US. My dad in law passed away. He was a USC btw. We were thinking of filing a son to mother petition or can we still use the pending AOS. Any wisdom will be appreciated. Thank you.

PS. To any admin if my post is in the wrong forum please feel free to move it. Thank you.

[GreenGem 58]

My mother in law entered the US thru a K1 visa on Oct 15, 2014. Married my father in law on Jan. 1, 2015 filed for AOS on March 2016. But she left the US last June 8, 2016 with her AOS pending. Why? My dad in law was diagnosed with cancer stage 4, he can feel that he's about to die and wanted to spend his last days in our birth country, Phillippines. My mom in law didn't want to leave his side so she risked going back not knowing what will happen to her adjustment. What can we do to bring her back here? My dad in law passed away and we don't want our mom in law to grieve there alone. Any wisdom please?

[p-ana 933]

My mother in law entered the US thru a K1 visa on Oct 15, 2014. Married my father in law on Jan. 1, 2015 filed for AOS on March 2016. But she left the US last June 8, 2016 with her AOS pending. Why? My dad in law was diagnosed with cancer stage 4, he can feel that he's about to die and wanted to spend his last days in our birth country, Phillippines. My mom in law didn't want to leave his side so she risked going back not knowing what will happen to her adjustment. What can we do to bring her back here? My dad in law passed away and we don't want our mom in law to grieve there alone. Any wisdom please?

Did she apply for AP with the aos? Did she have the AP or combo card with her when she traveled?

[GreenGem 58]

She did but nothing came or there was no update until she left the US. She didn't get to wait for the AP.

[EM_Vandaveer 2,364]

https://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/widower

She has to apply within 2 years of his passing.

Edited June 27, 2016 by EM_Vandaveer

[Merrytooth 5,748]

I believe she can continue the AOS as a widow of USC

https://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/widower

http://www.visajourney.com/content/immigrate-to-america-widow-er-of-us-citizen

[p-ana 933]

She did but nothing came or there was no update until she left the US. She didn't get to wait for the AP.

She abandoned her aos, I don't think there's any way to revive that. I'm sorry. I understand the circumstances, but there were options of dealing with leaving quickly without jeopardizing the aos, now it's too late.

Edit: I stand corrected, there's a path for widows, as mentioned here.

Edited June 27, 2016 by p-ana

[EM_Vandaveer 2,364]

She can file an I-360. She has to file it within 2 years of her husband's passing.

[Unlockable 7,306]

First, sorry for your lost.

She could continue with the AOS, however, the problem is that she left the US without an AP. The usual step would be that the spouse would in turn file for a spousal visa for her to return. Since he has passed would it still be possible?

A child filing for her may be the only option left. It will take about a year to complete. Hopefully someone with better knowledge can weigh it.

Good luck.

[GreenGem 58]

Thank you everyone! We feel relieved.

https://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/widower

She has to apply within 2 years of his passing.

Thank you so much for the link. We appreciate it.

[GreenGem 58]

I believe she can continue the AOS as a widow of USC

https://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/widower

http://www.visajourney.com/content/immigrate-to-america-widow-er-of-us-citizen

Thank you for the links. These are very helpful.

First, sorry for your lost.

She could continue with the AOS, however, the problem is that she left the US without an AP. The usual step would be that the spouse would in turn file for a spousal visa for her to return. Since he has passed would it still be possible?

A child filing for her may be the only option left. It will take about a year to complete. Hopefully someone with better knowledge can weigh it.

Good luck.

Thank you. We're going thru the Widow(er) of the USC route. Thanks for the response. Appreciate it.

[Pitaya 2,576]

~Similar/same-themed threads merged~

~Please refrain from multiple posting of similar/same-themed threads~

PItaya

VJ Moderation

[GreenGem 58]

Here's another confusion, if we file for her I-360 should we file with a concurrent I-485? She filed that last March 2016. Will there be a problem if we file it again?

[EM_Vandaveer 2,364]

Here's another confusion, if we file for her I-360 should we file with a concurrent I-485? She filed that last March 2016. Will there be a problem if we file it again?

She is abroad, you cannot file an I-485.

She should just file an I-360 with the Embassy/Consulate.

[GreenGem 58]

She is abroad, you cannot file an I-485.

She should just file an I-360 with the Embassy/Consulate.

I just realized that. Thank you.