Sorry to hear ...

I agree. The OP does need to speak with a competent immigration attorney, as her situation certainly is mnot typical and warrants proper attention and legal assistance. The value of a newsgroup is to become familiar with general procedure and to know what makes an individual's case different from the norm. It's helpful to identify what those specific differences are and to seek an attorney to share with you exactly why specific details in your particular circumstance govern what you may or may not be able to do.


Immediate relative is a parent, child, spouse
Legal separation in the immigration context is a court recognised separation, either mandated by the court, or subject to agreement filed and memorialised with the court. Parties not residing together may not necessarily constitute legal separation in specific circumstances and at specific stages in the immigration process. Of course in some instances, whether seperation is the precursor to and indicative of a marriage in a terminal and irretrievable stage, is subject to discretion of an AO.

Sorry for your loss and I hope that you will be able to stay here in the US if you choose to do so...

So sorry to hear of your loss. You must be devastated. I don't know what I'd do or which wayi I'd turn if I lost my husband here, so soon. I know you have difficult decisions ahead of you. I wish you all the best.

There is much more to your situation. We only have 7 sentences of your entire situtation. This is why most are telling you to seek legal advice. Everytime you add a statement to your situation, we find different solutions to help you, but without the entire situation, there is no way for anyone here to give you a concrete answer. Go to you local library or seek an atorney.

Kindest Regards.

Ok, here is my situation. I met my husband online in April 2004 and met him for the first time in October 2004 and subsequently in November etc. We decided to file for a K1 visa and I came to the US on a K1 visa on August 30, 2005. We were married on September 30th and I applied for my AOS end of October. I got a couple of RFEs, for my birth certificate and to get a new medical and then finally on March 27 my case was transferred to CSC. Suddenly, my husband developed a medical condition and was hospitalized and was told he had a few weeks to live. It was so sudden that we were all shocked, and as told by the doctors he passed away on April 2, 2006. On April 12, I got an email stating my green card will be sent as soon as it is ready and that my welcome letter has been mailed already.

A consultation with a competent immigration attorney is in order, in light of the information you have later provided, if only to make sure that your husband's death does not impact the adjudication and subsequent award of the green card. I think this is wise especially since you entered as a K1, and must adjust through the intial petitioner.

Reference: http://www.visajourney.com/faq/k1k2visa-re...conditions.html



Hope it helps,

My thoughts are with you,

Carol

Catholic charities will help you free of charge to resolve immigration issues. You don't have to be Catholic and you don't have to be poor.

Once again, Canindian should really check with an immigration attorney, first, to make sure the death of her US citizen spouse has no ill effect on the award of her conditional green card

I totally agree with that... Just wanted to post what I found out when I was gathering info for my own case...

Carol

Here's a couple of related links:

I485 And petitioner died
http://britishexpats.com/forum/showthread.php?t=367751

Husband will soon be gone, but now she can stay here
http://www.tbt.com/tampabay/news/article18610.ece

And *totally* related, a decision by the 9th Circuit court could help the OP *a lot*.

http://britishexpats.com/forum/showthread.php?t=369039

Made the front page of the Oregon newspaper this morning too.


Anyone interested in VWP entry/adjustment or the two-years-married rule should take the time to read the decision; it's quite interesting, and not the hardest legal reading ever.

Our deepest condolences for you. Be strong and God will do what's best for you.

Hugs
Maureen & James

Thank you meauxna for the link. It might come handy.