Hello everyone,

This is a very sad time for me as my husband, the USC is no more. I am totally devastated. My case just got transferred to CSC and I do not know what happens next.

Maybe it is just me... sorry, but I don't understand what you mean...
what do you mean your husband is no more?

I'm very sorry to hear of your loss.

In regards to your I-485 application, I fear that you will have to return to Canada, as your adjustment was based on your marriage.

He passed away (died).

First, I'm very sorry for your loss...

Second, There may be a way that you can remain in the US, but it will take very good legal representation. You really need to have a consultation with an immigration attorney at this time...

I am so sorry to hear of your loss. You have all my thoughts and prayers. I don't know what the rules are but I think as a widow of a USC you should be allowed to stay if you want to. The marrage was in good faith and you did nothing wrong.

Sorry for your loss, God will help you through this.

awwwwwwwww... i am so so so sorry... my thoughts and prayers are with you. as for your legal process, i have no clue to what can / will happen next. maybe there are others here on vj who could give you accurate information... but i would think that you would rather talk to an immigration attorney. again, i am so sorry for the loss of your husband. please take care and let us know what happens.
God bless!
Lynne

I'm so sorry to hear about your husband.

I would sit down with a good attorney, too. If your husband's estate is being handled by an attorney, he or she might be able to recommend someone for you to meet with.

I am so sorry to here of your loss... my thoughts are with you...

Kezzie

We're very sorry to hear your loss, our prayers are with you and sympathy.

I am so sorry to hear of your loss

Sorry for your loss

Thanks for all your kind wishes. He passed away exactly after 6 months of our marriage. I am so heart broken.

Deepest sympathy to you and your family.

If you want to remain in the U.S., I believe as a widow, you have certain legal rights to remain in the U.S.

I would try to get a consultation with an immigration attorney, at a reduced cost. We went to one that charged us for advice for a small fee for one hour, and they answered all our questions for us.

Good luck to you, whether you decide to stay in the U.S. or return to Canada.

Oh, honey. I'm so, so sorry. :-(
I can only offer my support if you ever need anything and my hope that you are going to be okay. *hugs*
I'm not sure about you having to go back to Canada, but that was the case for one person I saw on the news who was from UK. See an immigration lawyer, as others have said.
Again, I'm desperately sorry you are having to go through with this.

My condolence; Heaven heals every sorrow that earth has.

Here is the story about someone that I know.

She was in the K3/CR1/IR1 process while her husband in states had a tragic accident. He was later die while she was in her home country. Any way make the story short, she now is an legal permenant resident in the states for about 3 years. I don't have the details how or what she did stay in the US permenantly. Talk to an immigrant attoney to find out what other option you have. I believe you still have a chance to stay in US.

I'm very sorry to hear this. It's everyone's worst nightmare.

If your AOS process had been completed, you could remain and become an unconditional permanent resident under the "good faith" clause. Being in the AOS process, you are in a grey area. Should you want to remain in the US, you need to contact a good immigration attorney.

Thanks once again for all your kind wishes.

I wish I could help you more. But the only info I have is that you might be able to file form I-360. I would suggest making an infopass appointment. Best of Luck.

So sorry to hear of your sad loss

My sincerest condolences.

This is probably a very difficult time without getting legal representation involved, but you should probably seek the advice of a competent immigration attorney if you have not already retained one. You can get the best success probably from lawyers who are members of AILA (The American Immigration Lawyers Association if I remember right) -- you can find a listing of them in your areas. Alternately look for a referral from a friend, or, if you can't get that, try the Yellow Pages for "attorneys", "attorney referral services" or contact the local/state/county bar association.

By talking to the lawyers over the phone (or their secretaries) you should be able to get an idea of what options are available to you and if the lawyer sounds like someone who is helpful. I would advise that you interview at least one or two after screening them via the phone. In particular you probably want to get confirmation that they are familiar with handling a situation like yours.

It's very likely that you'd be able to get a reduced rate for bereavement and because your package is already filed. You might also find it is worthwhile to contact the USCIS misinformation line (but do NOT disclose your account info, etc. in case it gets marked prematurely on your file) asking for what can be done.

There may be a clause for bereavement/becoming a widow during the process, especially if your package was already about to be approved.

Be strong, and keep faith.

Hi check this out 7.11) ..My marriage fell apart and we are divorced. Can I still get the conditional status lifted?
A..The I-751 is normally filed by a married couple, but if you have divorced, or your US Citizen spouse has died, you may file the petition on your own. The I-751 form itself contains provisions for a waiver of the requirement to file jointly with the US Citizen spouse. You may file the I-751 immediately upon divorce or the death of your spouse, and you will be required to provide evidence that you married in good faith, rather than to just get a green card by marrying a US Citizen. You will be required to submit a copy of the divorce decree or death certificate.

I'm so sorry to hear what you're going through... I wish you strength and hope everything will turn out OK Getting a good lawyer sounds like a good advice to me and seems like dp8255 found a useful piece of information Good luck!

I'm so sorry to hear about your loss..

Unfortunately, in the OP's case, this does not apply. The OP has not yet received conditional residency status. She will need to consult with an immigration attorney.

What a terrible story. I am so sorry for you.
You definitely need some help here. If you can't afford it there may be some advocates in your area. You don't actually say where you live so we can't search for somebody. If you don't live in California you may be one of those that get approved without an interview. Ig this is a case it makes professional advice even more important. You don't want to do anything to hurt yourself.
Again, I am sorry for what you must be going through.

Sorry to read abt your loss.

Try searching for pro-bono attorneys that will take on your case.

I wanted to say how sorry i am for your loss

Hello there - I am so sorry for the loss of your husband. I am sending my warmest and best thoughts your way, and hoping that the universe in general can shine some hope and something good down upon you at this time. It will - comfort and safety often happen when you need them most, but expect them least.

Now I agree with everyone else on here - an immigration lawyer is your best shot. There are a few circumstances in which a non-USC may continue the process themselves: for example, VAWA, when the non-USC spouse has been subject to abusive behaviour - in these cases, for example, the non-USC can continue by by themselves. I would think, reading a few of the stories of similar events happening to people (eg. 9/11), that it is indeed possible to remain,with good legal representation. Certain people have had to fight to remain, and have done so successfully so really, it's worth a shot.

I can absolutely understand why you want to stay, too - another move; another turmultuous event in your life really isn't what you need right now, is it? Do you have family who can cradle you a little during this time? I do hope so - we here as VJ will give you as much support as we can, but I believe you need more than that, so I do hope you have it.

Once you get an immigration attorney (use some of the links posted, or perhaps visit the AILA website to find one near you), I have a feeling things will be slightly easier - you won't have to worry about paperwork so much anymore, plus you'll have a legally trained aid at your side who will know their way around the system, and be able to offer some support to you when you need it the most.

I, and I am sure others, will keep you in their thoughts - come to us with any questions, or problems you might have (immigration-related or not) and I assure you, we will do our best to help you find the answers, and help you feel as though you are not alone in this.

Thank you all so much for your support and advise. I do appreciate it. My case has been transferred to Laguna Niguel in California and it is possible I may not have an interview.

hi,
You should still find an attorney to meet with. If your AOS is approved without interview, your residency could still be void if the facts had changed in this way without their knowledge.

God bless and take care of you. My deepest sympathy to you. I have no words of wisdom but my thoughts and prayers are with you . Please keep us posted on how you are doing...............{{{{{{{{{{{{{{{{HHUGS}}}}}}}}}}}}}}}}}

My case just got approved without an interview and the GC is on its way, but I know it will not be the same once they are informed about the death. I do not have the death certificate yet.

you may find since it is already approved that you will be allowed to keep it...
I would speek to a lawyer about it...

my thoughts are with you....

Kezzie

Congratulations on receiving the green card, though that might be a bittersweet moment because you are without your loved one.

I would be certain to retain an attorney if only for any complications that could arise.

So sorry to hear about the loss of your husband

Sending hugs and prayers to you

She has gone through the entire process and received her green card in a perfectly legal manner. She is now a conditional permanent resident. The death of her husband will not affect her status. The law says nothing about permanent residency being voided by the death of the US citizen spouse. When time comes for removal of conditions she will simply state the facts and should have no problem.

I think you are correct Jeff. I don't know it to be a fact but it makes sense to me. I would use the card and ask the question again in 2 years.

You should file for removal of conditions immediately in the case of the death of
your spouse. This would be an I-751 filed along with a death certificate.

I am truly sorry for your loss.

I would still consult with an attorney. You never know what Immigration may say. It's hard enough losing a love one, and having to deal with all of this as well. My heart goes out to you.

Lissa

Deepest sympathies

I disagree; we don't know the relevant dates, and if her approval was based on incorrect information,her status may be in jeopardy.

I encourage the OP to see an immigration attorney to get a more definitive answer.

For adjustment of status purposes, a marriage must be legally subsisting at the time that the immigration benefit is petitioned. There is an exception to this requirement that applies to aliens that were once married to now-deceased citizens. The courts have recently ceased to refer to the term "viable" as an indication of entitlement to immigration benefits, but rather take the ministerial view that immigration benefits arising from a marriage may be secured even if the parties are separated unless that separation legally recognised by the court. If parties are separated, though not legally, the alien is still considered by USCIS as an 'Immdeiate relative" although more scrutiny as to the legitimicy of the marriage may be made to determine if it is/was bona fide. Should parties be legally separated then the "immediate relative" classification is no longer valid, and benefits cannot be secured.

Immediate relative status should be granted to an alien who was the spouse of a USC for a period of at least 2 years at the time of the US citizen's death and has not since remarried. The key appears to be the 2 year length to the marriage.

Thank you all for your advise and support. My marriage was exactly 6 months when he died. What does "legally separated" mean.
What is "legally separated" and "immediate relative" ?

Pleeeeease talk with a lawyer. I don't know anyone here who is qualified to give you any answers. Your situation is very unique.

Legal separtion is divorce terminology. Different definitions in every state.

Immediate relative is immigration terminology. You were your husbands immediate relative.






Absolutely agree.



Not meaning to be rude, but your question about legal separation cannot help but make me wonder if you were separated at the time of your husbands death.

I was asking this because of the previous post where it was mentioned about the legally separated and immediate relative.

I was married to my husband and had every intention of keeping my marriage. I am his widow now.

If she is his wife, and in good faith, she is more than likely the holder of his estate? I mean she probably has so many things to do right now with the funeral and everything. Are they really going to make her sell a house if they owned one? I mean, what if you get removal proceedings and you can't even sell what you have if they are going to make you leave ?