HI All,
We just found out 3 weeks ago that my husband has stage 4 cancer (which means the cancer spreads out to his liver & lungs). I dont know if he will make it for next year. Our question is my greencard will expire november 2007. In case my husband wont make it that time, will they(USCIS) still be able to lift my PR condition? or what will I do? Im lost with everything going on right now, i dont wanna deal with the USCUS at this time if i could help it but I dont want to be deported. We have a 4 month old baby, so i want to be ready for everything in case something bad will happen to my husband.
i hope someone can help me or give me some advise, right now im overwhelmed with stress thinking about my very sick husband, 4 months old baby, working plus the immigration stuff.
Any help or advise will be appreciated. thank you so much.

xtin & mdm

I don't know the answers.. but spend this time with him.. and help him through this hardtime.. I'm a cancer survivor and I know what it means to him to have someone close that loves him... Plus you never know how things will go with this.. the time together..could be longer then you think.. or shorter.. I'll include you in my prayers.. that it is longer......


Take Care and my prayers tonight will be for you and your husband.....

I don't know the answers you're looking for, but I just wanted to say I am SO very sorry to hear this. You will all be in my prayers tonight as well. M.

If your husband passes away before it is time to lift conditions, you may file the I-751, including the death certificate and all the normal proof of a bona fide marriage (including, for example, your baby's birth certificate). I can't remember if you would need to wait until August 2007 or whether you would file immediately if he passes away.

I sincerely hope it doesn't come to that. I hope that gives you some peace of mind and lets you focus your energy on your husband right now.

you will have to apply on your own, then:

If you are a widow or a widower, you must submit the following:

USCIS Form I-751 (Petition to Remove the Conditions on Residence)
Copy of USCIS Form I-551 (Permanent Resident Card)
Evidence that you did not get married to evade the immigration laws of the United States. Examples of such evidence includes, but is not limited to:
Leases showing that you and your spouse lived in the same place
Documents that prove that you and your spouse owned property together
Birth certificates of your children
Copy of your spouse's death certificate.

I am truly sorry for this unfortunate experience you and your family have to deal with. I'm not sure if my answer will be of any help but from what I understand, if the primary sponsor (who also filed I-130 petition for alien relative) passes away, then a substitute sponsor may take over the responsibilitites of the original petitioner.

Again, this is if Form I-130 was filed. I'm not sure if it goes the same for K-1s...

You have enough to deal with as it is, but the I-751 should not be a huge problem, regardless.

Once you're approved for conditional permanent resident status, you've finished jumping through all the immigration hoops except one. Sponsorship, admissibility, affidavit of support, and such are all behind you. The only thing left is to file the I-751, and the only purpose of the I-751 is to show that the original relationship was bona fide and the purpose of the relationship was not for immigration fraud. If you have a child together, that alone is quite significant evidence (include a copy of the birth certificate), and you've probably accumulated other evidence of a shared address, shared finances, and a shared social life, as well.

If he passes away, I believe you can file immediately without waiting for the normal window to open 90 days before GC expiration.

Do make sure to mark the dates on your calendar, and don't let the green card expire without filing some form of I-751. As the GC expiration comes closer, depending on circumstances, you may want to contact an immigration attorney to handle it. Not because things are complicated or difficult for your case, but just because it may allow you to let him handle the I-751 so you can concentrate on other things.

Thank you all!! We appreciate all your prayers & info's. I felt much better now that I learned something about the immigration stuff. I will start processing that one maybe 90 days before my gc expires for the meantime i will spend my time with my family especially my husband. Chris-n-veronica, im glad that you survived the crisis. Until now i still cant belive that its happening. Prayer is my only tool right now to beat this cancer. thank you all again for the infos. hope all of you will have a merry christmas.

xtin

xtin,
First, my best wishes that your husband manages to get through this crisis. Secondly, as your attention may not be focused on details related to immigration at this time, but are you sure your green card expires in November 2007? Your profile says you received approval of AOS in February 2005, which would indicate that the expiry date on the card could likely be Februrary 2007, leaving you able to submit an I-751 to remove conditions in November 2006....unless I am reading your signature information incorrectly.

Edit: I see, I missed the year on your signature information, but all the same, if you were married 2 years at the time AOS was approved, do you have a conditional green card ?

xtin,

my prayers are going up for your husband and your family. i ask that God will bring healing and peace during this season.

God Bless.

thanks diadromous mermaid, i overlooked my GC. The expiration date is Feb.08. I dont know where I get the date of Nov, 2007. I have a permanent resident card. Im sorry but i dont know if thats conditional? i guess it is. am I right? after i got the GC i tried to forget my bad experience with the uscis & i did not do any research since i still have a year to prepare.

xtin,

You are right, your LPR status is conditional.

Best wishes to you and your husband.

Yodrak

My heart goes out to you.