I welcome any advice. I accomplished the K-1 process recently and finally arrived in the USA. My husband was killed in a traffic accident after we were married only 15 days - I had only been in the USA for 22 days. I consulted two immigration attorneys about my status, but I did not hear any optimism about me staying here in the USA legally.

They told me that the K-1 process in very rigid and I could not find another sponser to petition for me. I do not have any immediate family in the USA. One option that was offered was a self-petition, but that is only for cases where there is some abuse by the husband. That was absolutly not an option in my case because we had a very good marriage even though it was brief. The second option that was offered was a "humanitarian consideration", but again I do not meet any of the requirements for this.

I was advised to return before my 90 days expires and re-enter on a new K-1 visa. I dread going through that again. I am fearful of being denied on the second try.

Has anyone heard of a case like mine? Does anyone know of a way I could stay past my 90 days legally?

I'm sorry for your sad story. I believe the first step is to consult with at least one more qualified immigration attorney to be 100% sure.

Since you did marry within the 90 days, it appears the issue at hand is whether or not you still qualify to adjust your status and remain in the US legally. What obstacles did the lawyer say you are now facing?

I did read this - not sure if it will be helpful to you:

Death of U.S. Citizen or Permanent Resident Spouse - A conditional resident may request a waiver of the joint petition requirement if the noncitizen entered into the marriage in good faith, but the U.S. citizen or permanent resident spouse subsequently died. While the conditional resident still must present documentary evidence to prove that the marriage was entered into in good faith, no showing of extreme hardship is necessary.

For the time being, it seems the biggest questions are 1) Do you still want to stay and 2) Is there a legal option for you to stay.

(I wouldn't be too concerned for the time being about re-entering on a K1 down the road. That presumably would not happen for a long time and only if you happened to fall in love with another American in the future. The fact that two Americans will have petitioned for you will come up, but it be dealt with at that time).

Best of luck.

I have a couple of questions in my mind about this story ..

How long ago did your husband die?

I'm sorry that your husband died, but your intentions are somewhat questionable to me in that; if you are still in the US then your husband has been dead for less than 68 days yet you are considering another K-1 visa already. (another sponsor to petition for you? dread going thru that again? fearful of being denied on the second try?) K-1 is about being with the person that you love, not about staying in the US.

Sorry I don't have any helpful advice for you.

CB

Sorry for the loss...

I too think it's a bit morbid to be considering 'another K1 process.'

so sorry for your loss, ay no. so horrible.

Ditto on that, I was thinking the same thing. Maybe we're wrong but it's hard to feel your pain and sorrow with the post you wrote. It is mainly focused on how you can stay in the US instead of how sad you feel about your husband's tragic death. I know that if it had happened to me (knock on wood!) I would devastated. But again... maybe it was your choice of words that do not transmit this sentiment.

sorry sound stupid but the question is do you really love him before he died correct me if im wrong you are considering another k1 or someone who can petition you again or what so ever sounds like you are much worried for a green card than being sad or lonely.....SORRY!!!!! K-1 is about being with the person that you love, not about staying in the US...correct if im wrong!!!!

I think I agree with you both, this is actually the 2nd time am seeing such a thing on VJ and am sorry to say it's like a trend and one is forced to asked what their real intentions are but then I guess we are not in a position to judge. It is just sad that you loose someone you 'claim' to love and you are already considering thinking about soming back with another k1 visa....very sad and I think you should have a re-think about your real intentions

Sorry for your lost. Myself if I were you, I would rather be back in my home country and not stay the remainder of the 90 days. I realize you have sought legal advice but when the dust finally settles you can start a new life again in familar setting with your loveones and friends there to support you. I seriously doubt the second K-1 will turn out like this one. Will there be a red flag? Any thing is possible. Again , Sorry for your lost.

I'm sorry, my words don't translate well. I was just telling what the lawyers said. Please do not judge me. You have no idea what I have been through since the accident.

I am truly sorry for the loss of your husband. However I would find another competent immigration attorney and present your case to him or her. I think the mention of another K1 so soon after losing your husband is what has everyone a tad bit upset. To consider another K1 this soon does seem a bit odd, even if your attorney did suggest it. Rather than think of *having* to go the K1 route again, why not deal with the loss of your husband and concentrate on what your options are. This is, of course, just my opinion.

I am sorry to hear of your loss - it very sad. If I was faced with the same situation I would not want to stay in the states another second. I would fly straight back to my family and friends because the only reason I am moving over to the states is to be with Jamal. My life would be completley crushed and thinking about how I can stay in the usa would be last thing on my mind. I would honestly never think about coming back because he is the only man I would ever do any of this immigration stuff for! Man, even writing this has made me upset!!!

I am so sorry for your loss and the rough times you are going through right now. I agree that you need to speak with another immigration lawyer, one who is perhaps more experienced in this part of immigration law.

For those who are being harsh, remember that even with such a short wedding there will be legal matters of an estate that also need to be addressed and taken care of. That in itself requires time. This lady has a lot on her plate right now, especially being left alone after only 22 days of marriage. My heart goes out to her.

I concur. In fact, I wonder if it is entirely possible that the poster was referring to the visa by type rather than to indicate she has an interest in another fiancé. Gosh, folks....

I can't imagine how frightening it would be to have uprooted and then have to deal with such tragedy. In fact, although perhaps "home" is where family are and a place where one can find some comfort in a period of grief, if I were to lose my husband, I don't doubt that I'd also want to be near his resting place as well.

Check to see if you can locate an immigration attorney that is dialed in to new potential legislation on Alien Surviving Spouses and Widow/widower penalties. There's a new bill being considered to offer more options to those that are widows or widowers of US citizens but have not yet been married 2 years.

Good luck!

What the heck! Why was that link removed?????????

It provided vital information relative to this post.

Anyway, folks, while I await information from the moderators of this forum as to why on earth the link was censored, needlessly and erroneously, I might add....
try checking this site for information!!!!!

http://www.ssad.org

Talk about "Big Brother". Hrmphhh. What the has been going on here?

I'm so sorry for your tragic loss and the pain you must be feeling . For the present you need to focus on the grief of losing your husband which personally I think would be to go back home and spend this time with your family who can support you. If you do stay longer than the 90 days then you will start to accrue unlawful presence which may cause complications down the line.

If you still intend on staying in the US, as far as wanting to remain in the US I believe the I360 for a widower is only for someone who has been married for more than two years. You could also try contacting the Catholic Charities for some legal advice which is free. If you search on Womenslaw.org you can find one in your area.


If you do, at sometime in the future, fall in love in love again, then I don't think this would cause any problems with another K1 due to the circumstances. Assuming of course you fall in love with a US Citizen. No-one knows the future and who knows ,you may find love again not necesarily with someone who lives in the States.


Once again my heart goes out to you. Spend this time dealing with the loss of your husband.


Shona

I concur. In fact, I wonder if it is entirely possible that the poster was referring to the visa by type rather than to indicate she has an interest in another fiancé. Gosh, folks....

I assure anyone reading my post I was NOT in any way judging this poor lady. Merely trying to explain that it was the mention of dreading another K1 process comment that got a few people in an uproar. IMHO it was an odd thing to say but I was NOT judging her as apparently it seemed her attorney made the comment to her. I sincerely hope she takes time to grieve and start the healing process.

Actually, the only reason for applying for a K1 is to be in the US.

You can be with the person you love anywhere.

This lady's husband has just died-tragically so, English is probably not her first language and so many of you here just jump down her throat telling her she couldn't have loved her husband. I'm sorry, but if someone had just died in RL and their husband/wife asked for your opinion I can bet my arse that none of you would react the same way.

Have some heart people. Thank goodness for the Mermaid.

by way of FYI...

The only entity here who can edit someone else's posts is Ewok, and I don't see an 'edit' note in your post...

(is it possible it was forgotten?)

( how's that for the passive voice...)

Diad and I already spoke on it. All is good.

Meaning? Are there links we are not supposed to include? Are moderators editing posts? Do I need to edit incorrect info out of my post?

Hmm. I am not so sure it is 'good' but what to do? I did PM Ewok, because I had posted a link to a thread on the Family Based Immigration forum http://www.***removed***.com/forum/, of which I am also a member, and it had been modified (a.k.a. removed) by Ewok. Frankly, although he later explained that he had done so as a result of something that had occured in the past, I maintain that information that is intended to assist an alien in finding information that might assist with an immigration dilemma is the express purpose of a site like VJ. The link I posted was announcing a possibility of a change in law that could preserve the OP's opportunity to continue with her immigration process, in spite of the untimely demise of her US citizen husband, and is critical for her to be aware of. Not only that, but it is the only forum, of which I am aware, that has posted such information.

I think in this case, for the moderator to resort to removing it, regardless of any prior event, represented a very poor sense of fellowship that a site like Visa Journey is supposed to instill. Sorry, Ewok, but it needs to be said

I haven't been participating on VJ as much in the past few weeks, due to workload in preparation for my relocation, but I guess I am disappointed to see such petty matters take from the very essence of a community such as this. Too bad.....

And there he goes again....... alas!

Color me confused.

hmmm . . . I provide links here to the 601 forum on I2us.net all the time since there is a much larger community and knowledge base of people filing 601 waivers there. Never had a problem . . . .

You mean the link you gave there was edited too?

What the heck is going on?

uh-oh........

I don't have anything to add regarding legal / immigration issues, but I wanted to say this in response to those who criticized the poster's choice of words:

Everyone processes grief and loss in different ways. Often, after a loss, people may appear numb or emotionless. It is a coping mechanism and is NOT a reflection of whether they truly loved the person.

My heart goes out to the poster for her loss.

I am sorry to hear of your loss - it very sad. If I was faced with the same situation I would not want to stay in the states another second. I would fly straight back to my family and friends because the only reason I am moving over to the states is to be with Jamal. My life would be completley crushed and thinking about how I can stay in the usa would be last thing on my mind. I would honestly never think about coming back because he is the only man I would ever do any of this immigration stuff for! Man, even writing this has made me upset!!!
[/quote]

I am with you on this one, I have been here for almost 2 years and the US is now what I consider home, however if anything should happen to my husband I would be on the first flight back to England. I would not want to stay here without my husband as he was the ONLY reason I came here.

This whole topic is lost on me

All of you,

She did not write that she had any intention of finding a new husband for a new K1. What she did write was that it was an option put to her by an attorney.

Big difference.

Yodrak

i would like to chime in just a little on this too. first and foremost. i am so so sorry about the death of your husband. i can only imagine what you are going through.

i will not even judge.
i can only think that your mind is going through a lot. you are just trying to think of what to do now. this has to be very stressfull for you. i will keep a good thought for you. i hope that you will find peace with all of this.

lean on your friends and family in times like this.

the fact that you ARE here in America now is something that should not be judged by others, it might be just as bad for you back in your home land. hey, at least you came here by the book and legal.

take care and good luck

keep us updated...

While some people from countries such as the UK may gladly decide to return if something similar happened, let us not forget that there are countries where life is not so good.
Where is it written that you can't be in love AND want a better life which would be afforded by living in the USA?
She may very well have severed her ties with her home country, given up her job, and as JamalNTam is doing decided not to pay loans/declare bankrupcy etc...
She also may have friends and family in the USA.

This doesn't seem a thread looking for sympathy or to express her grief, but rather looking for constructive advice on her IMMIGRATION status.

there is new legislation coming out for widows.. call an immigration attorney