Hello,

My wife used these forums a lot and got some good advice for preparing and filing the paperwork for my visa, unfortunately my wife passed away last week due to cancer (we only found out she had cancer less than two months ago). Her death has been a tragic blow to me as we had planned the rest of our lives together ...

We had filed all the paperwork last year for the REMOVAL OF CONDITIONS although our center "TEXAS" had a backlog and our application was transferred to Vermont at the beginning of February (before we found out she had cancer).

Obviously I need to inform USCIS of her death, does anyone know if I will have to leave the country or if I will be allowed to stay?

I can`t really find too much information on this situation and while I don`t really want to think about leaving the US atm I need to know what will happen so I can figure out what to do in the future.

Thank you for your time,

Daniel

I have no answer to your question, but I just wanted to extend my condolences. I am sorry for your loss

Daniel

Firstly I am very very sorry to hear of your wife's untimely death. It happens to the best of us and can't imagine what you're going through... it must be a bad shock indeed. My condolences go out to you and her family.

I don't know much about what you're asking but my guess near enough would be that because you had already filed for ROC a year ago you might be in for a better chance at staying for the time being until USCIS can make a decision. Tell USCIS of the circumstances and that your USC wife has passed away showing evidence of that I would imagine her death certificate, and you will probably be granted an unconditional 10-year GC. I am pretty sure this is the case but experienced VJers here will soon intervene and respond to your message with precise clarification.

May her soul rest in peace.

I am very sorry for ur loss........i have read someplace that there is a provision for u if the spouse passes away before removal of the conditions is finished ..........if it was me i would spend a couple of hundred dollars to ask a real immigration attorney not just any attorney but one that really knows what they are talking about......maybe someone on this site will know, i dont remember where i found it or what i was trying to research when i found it, but i do know that there is something in the law about it i wish i could be more help but thats all i know.........
May God give u peace...............
sara

I am so sorry to hear of your sudden loss.....

You will not have to leave the US your marriage was in good faith, what you do need to do is make an infopass appointment at your local office, take a copy of her death certificate and they will be able to forward that to VSC so that it can be added to your evidence.... her death will not stop your approval for your 10 year Greencard....

My thoughts are with you at this difficult time...

Kez

I'm so sorry to read this, Daniel. Very sorry indeed.

Do as Kezzie says.

And God bless you as you go forward.

I think Kez already gave you some very good advice but I wanted to say that I am very sorry for the loss of your wife. God bless you in this difficult time!

I just wanted to extend my condolences as well.

Be sure to get extra certified copies of her death certificate. I think you will probably need them in the future for other non-immigration purposes (insurance, closing accounts, loans, etc.).

Daniel,
Very sorry to hear of your loss! I have been in your situation twice and I know exactly what you are going through. Please take the advice from the above posters and feel free to PM me if you just need someone to talk to..
Take Care,
Danny

Daniel.i wanna express my sincere condolence to you, I hope and pray u will get through this.
God bless you.

Dear I am absolutely devasted. Yes make that appointment with your local office, you will not lose the 10year status. May God give you some stability because no one else can.

Tammy

Hold onto your memories, and I hope that every day gets a little easier for you.

I can only imagine how devestated you must be.

Thank you all for your kind words, yes I am devastated it was a total shock.

She was an Air Force veteran (9 years+) and she had been having regular trips to a VA medical center and it was back in January when they first thought she had fibroid tumors in her uterus, they took a sample and it came back as cancerous and so she was referred to Vanderbilt hospital. They operated on her within a month and removed her uterus and ovaries but found a tumor attached to her colon that they could not safely remove (they said one of these things was the size of a grapefruit) ... she survived the surgery although she had a problem with her blood pressure and was kept in hospital longer than the usual 4 day recovery time.

We eventually got her home and she was doing great for 4 days then her breathing went down hill and she was complaining of feeling weak all the time, we took her back to the hospital and they found she had cancer in her lungs and bladder as well as problems with her kidneys, she spent the last week of her life in hospital and the last four days asleep we never truly got to say goodbye and for that I am extremely sad.

I am so saddened to hear such a tragic post. Try not to reflect upon this as not having had time to say "goodbye", please. Being together at home for those few days might just very well have been her way of making sure you were together in the end. What a brave soul she was and now you must continue to be the same. Best of wishes to you in this time.

I'm sorry about your loss .

I'm sure USCIS will be able to tell you what you need to do.

our sincere condolence to you.

may her soul rest in peace.

Yes, an inforpass would be the best thing to do and explain your situation.
I am so sorry for your lost, my thoughts and prayers are with you and your family.

So very sorry for your loss, Daniel.

Kezzie has given you excellent advice here - I'd follow it to the letter.

Daniel - I am so sorry for your loss; you will be in my thoughts and prayers at this difficult time. Kezzie gave you excellent advice and I am sure that in the end, your 10 yr GC will be issued. I pray for peace for you; may your darling wife Rest in Peace.

this is so tragic
I am very sorry for your loss and can't even imagine what you are living
I can't answer any of your questions, just know we are all with you

my sincerest condolences to you and your family. there has been great advice here so i won't add anything else other than i'm so sorry! *hugs*

Kezzie gave good advice so I would follow the advice of going to an info pass appointment. I was widowed suddenly in 2002 and know that no words I can express can comfort you during this time but my family will be praying for your family.

Mary

My thoughts and prayers go out to you...

So sorry for your loss

Sorry for loss..Condolence to you and your family..

DEATH OF A PETITIONER
Posted on: 1/3/2008

By Attorneys Robert L. Reeves and Jeff L. Khurgel

A primary goal of United States immigration policy should be the reunification of family members. Every day thousands of U.S. citizens and lawful permanent residents file visa petitions to unite their family members. After the filing of a visa petition, a U.S. citizen or lawful permanent resident must wait for the approval of the visa petition and for their visa number to become available. A complicated immigration scenario can emerge when the petitioner dies prior to his family members immigrating to the U.S. or their adjustment of status if in United States. If there is no petitioner left to unite with family members, does the Immigrant Visa Petition die with the petitioner?

The answer depends on when the petitioner passes away and where the petition was filed. Recent guidance from the Immigration Service has reaffirmed the effect of the petitioner’s death on an Immigrant Visa Petition that has not yet been approved. A November 2007 Immigration Service memorandum directs Immigration Officers to deny Immigrant Visa Petitions when the petitioner dies prior to the Immigration Service acting on the visa petition. However, the memorandum also points out that this rule does not apply when the Immigrant Visa Petition is coupled with an application for adjustment of status filed within the jurisdiction of the 9th Circuit Court of Appeal which covers California, Nevada, Arizona, Alaska, Hawaii, Idaho, Montana, Oregon, or Washington or Guam.

In the Ninth Circuit the Immigration Officers are required to follow the Court’s decision in Freeman v. Gonzalez. The Freeman case held that the beneficiary of an immediate relative petition remains eligible even after the death of the petitioner. This controlling precedent allows an immediate relative beneficiary to continue to benefit from the Immigrant Visa Petition despite the death of the petitioner. The petitioner in the Freeman case filed a visa petition with an application for adjustment of status with the USCIS, but died prior to the interview. Thus, the holding applies to cases wherein the beneficiary is in the U.S. and filed for adjustment to permanent resident status. It remains to be seen whether the Freeman case will apply to other than immigrant family visa categories.

If the petitioner dies after the Immigrant Visa Petition has been approved, but before the beneficiary is able to immigrate to the U.S., the death of the petitioner results in the automatic revocation of the Immigrant Visa Petition. The Immigration Service may reinstate the revoked Immigrant Visa Petition for humanitarian reasons (commonly called “Humanitarian Reinstatement”). Humanitarian Reinstatement requires the beneficiary to establish that it would be inappropriate to revoke the application due to certain humanitarian factors. These factors include family ties in the United States and whether there was a special relationship between the petitioner and the beneficiary; health factors including any health concerns relating to the beneficiary's family; financial or educational factors; and any other special factors that should be considered.

Some of these special factors the Immigration Service may consider include the length of time the beneficiary spent waiting for the visa to become current or any special need for the beneficiary in the U.S. like caring for other relatives. It is in the Immigration Service’s discretion to grant Humanitarian Reinstatement, there are several procedural requirements that must be followed in every case. First, a family visa petition may only be reinstated if the visa petition has already been approved. Additionally, the beneficiary must file a written request and attach the appropriate supporting documentation. There is no filing fee, but the request must include, among other things, a comprehensive declaration and supporting documentation.

Widows and widowers have additional legal rights outside of the humanitarian reinstatement or the Freeman case. A statute allows widows or widowers, who were married 2 or more years to a U.S. citizen, to file a self-petition. The self-petition must be filed within 2 years from the death of their U.S. citizen spouse.

The death of a petitioner may destroy the chances of family members to immigrate to the U.S. or if they are in the U.S. to become U.S. permanent residents. For many families the consequences of a petitioner’s death can be tragic and complicated. Although a petitioner’s death may trigger the denial or automatic revocation of an immigrant visa petition, important exceptions may apply. In instances where a petitioner has passed away, it is crucial that the family members ascertain whether they are still eligible to immigrate.

Does an immigrant visa petition (Form I-130) filed by a U.S. citizen spouse terminate upon the death of the said spouse during the processing period?



The United States Citizenship and Immigration Services (USCIS) says ‘yes’ because the marriage which is the basis of the petition ends with the death of one spouse.



The U.S. Court of Appeals for the 9th Circuit and the federal district courts in New Jersey and in Massachusetts disagree. The 9th Circuit covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.



In Freeman v. Gonzales, the federal appeals court ruled that the widow was still considered a spouse and the death of the petitioner did not invalidate the visa petition. She continued to be eligible for adjustment of status.



In that case, the wife married her U.S. citizen husband abroad in February 2001. In June 2001, she entered the U.S. and three months later, her husband filed an I-130 petition and she filed for adjustment of status.



While the case was pending, the husband died. The USCIS denied the visa petition and adjustment of status application and ordered her to leave the U.S.



The wife appealed. In her appeal, the USCIS argued that the husband’s death before two years of marriage stripped her of immediate relative status as she was no longer considered a spouse.



Citing a provision of the Immigration and Nationality Act, the USCIS argued that the widow could be considered only as an immediate relative eligible for adjustment of status if they had been married for at least two (2) years at the time of the death and were not legally separated.



The federal appeals court said that the USCIS interpretation of the law was wrong. The wife, it said, qualified as the spouse of a U.S. citizen when she filed the necessary forms for adjustment of status and she remained a spouse even after the husband’s death. She was, therefore, still eligible for permanent resident status.



This was also the conclusion made by two federal district courts in New Jersey and in Massachusetts. In Robinson v. Chertoff, the New Jersey federal district court was confronted with similar facts.



Relying on the opinion of the federal court of appeals in Freeman v. Gonzales, the New Jersey court said that the widow had done everything to comply with the regulations for the issuance of an immediate relative visa. “The fortuity of the citizen’s untimely death is too arbitrary and random a circumstance to serve as a basis for denying the petition.”



In the Massachusetts case of Neang v. Chertoff, the federal district court disputed the USCIS definition of spouse. The surviving spouse was still a spouse who outlived the other, the court said, and remained an immediate relative and ought, therefore, to have her immigration application adjudicated as such.



The court noted that it was not fair to punish the widow for the processing delay caused by the high volume of applications filed with the USCIS. It could have scheduled the interview two days before the husband’s death and would most likely have had her status adjusted to permanent resident.

I know words will never be enough to overcome the pain of losing someone you love dearly. I hope and pray that God will give you enough strength to go through this times of sorrow.

My heart goes out to you.

I am so very very sorry for your loss.

I am so sorry for your loss.

Daniel, I'm so sorry to hear of your loss. My condolences and deepest sympathy to you and your family.

I am so so sorry about your loss. May her soul rest in peace

May she rest in peace always.
I'm so so sorry

These citations do not apply. This is not the same situation, since the alien in the above case had not yet adjusted status when the petitioner died.

Our since condoleance, we'll keep you in our prayers. God has brought you 2 together, he will guide you through those rough waters you are going through at this stage. You got some great advice regarding making an infopass appt. Stay strong and keep those lovely memories alive, she couldn't say goodbye due to the sickness but her heart was talking to you in silent.
again our deepest sympathy and condoleances.

Agreed the OP has already adjusted status and has been married for more than 2 years.... all that is required is for a copy of the death certificate to be forwarded to the service center that is dealing with the Removal of Conditions... in this case Vermont.... This can easly be done by making a infopass appointment at the local USCIS office and taking a copy of the death certificate, they will then forward that on to the service center who will approve or deny based on the evidence that was provided before the OP's sad loss....

Kez

I am so sorry for your loss

My sincere condolences for your loss Daniel. I hope you will find peace.

Regarding your question, as numerous others have poited out, Kezzie has provided you with accurate information on how to handle the removal of conditions.

Take care of yourself.

Our deepest condolence for the loss...

Daniel,

Our most heartfelt condolences for your loss.

I also just gave the USCIS phone line a try, it took a lot of menu navigation and hold time but I finally got through to someone who could help, they said to simply notify the processing center by sending a letter and a copy of the death certificate.

I guess its the same thing as getting an Infopass meeting really, only at the moment I am reluctant to get an Infopass meeting as there is so much I need to do here to arrange things after her death and unfortunately we are kind of in a bad spot for regional offices, our closest one is Memphis, TN and we live near Knoxville, thats like a 7hour drive hehe.

Although I might see if I have to make a visit if I can go to one out of state, as we live only 3hours away from the Louisville one in Kentucky, go figure!

Then do this for now. It is pretty much along the lines of what was suggested previously by Kezzie and Becca. It's also probably what an Infopass would tell you to do too.

You have a lot to deal with at the moment and it can seem a little (a lot) overwhelming. Send off a letter explaining what has happened and a copy of the death cert to your processing centre (with all you case details on too, obviously) and then wait.

If you haven't heard anything for a while then make an Infopass.

I really wish you the best in this most sad of situations.

I'd only add that peace of mind might be one of the best ways to be able to place your thoughts where they need to be at this time. So, with that in mind, when you mail off a letter and the death certificate, at least mail them return receipt guaranteed. so you will know at least that they arrived!

my condolences to you and your family

I am so sorry for your loss. I hope that USCIS approves your I-751 asap. Good luck to you.

Dear Sir, I have not posted in this forum before, but your story touched my heart. I pray that you find comfort and peace, and I may your loving wife's soul rest in peace. Having been widowed myself 4 years ago, I know that this is a difficult time for you right now. May God bless you.