If the petitioner dies prior to the beneficiary applying to remove conditions does the beneficiary have to wait the 21 months from GC approval to submit the I-751 or can they do so sooner?

21 months. When applying, on part 2 on I-751, check "C" for waiver request and include the death certificate.

No, it's the same as if divorced. There's no reason to wait 21 months. See the instructions for the I-751:

When Should I File the Form I-751?

1. Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires.

2. Filing with a request that the joint filing requirement be waived. You may file this petition at any time after you are granted conditional resident status and before you are removed.


Since a joint filing is impossible after the death of the petitioner, and since a waiver is available (part 2 box C), then it falls under paragraph 2 above, and you may file the petition at any time after you are granted conditional resident status and before you are removed.

I imagine you still have to wait the 3 years to apply for US Citizenship.

Actually, the wait is five years for citizenship (you can mail the paperwork 90 days early, assuming you meet all the other requirements).

The three year wait for citizenship only applies if you're married to and living in valid marital union with a US Citizen. In order to use this shortcut, the marriage has to continue all the way until the oath of citizenship is administered. If the marriage ends for any reason, including death of the US Citizen spouse, then the alien ineligible for the three year shortcut but is considered just like any other lawful permanent resident alien, and must wait five years.

Haole, has your spouse passed away????

No but I have serious medical problems and want to prepare in case the worse happens and I should go belly up.

Sad reason. Prayers with you, but I understand and know why you may be thinking this.

Haole,

If you fear that there is a chance that your health may deteriorate, the best preparation you could do for your spouse is to make certain that documentation and evidence of the bona fide nature of your marriage is available and that any decisions you intend to make in the way of estate planning are done sooner rather than later.

Anf of course, all the best to you that your fears are not realised!

Haole, keeping you in my prayers.....

Thanks.
I'm doing the best I can.
I set up a trust for my wife and adopted daughter. At least my daughter has her US Citizenship already.
Looks like my wife will have to wait 5 years from GC date if I should check out tho.
She still has almost a year to wait to apply to remove conditions.
Daughter got her USC automatic after two years of legal custody.

Haole,

Are you doing ok?