Death of Petitioner before Green Card

[Caladan 19]

Interesting. From my lay perspective, two things jump to mind: there is a provision for someone who has a conditional permanent residency to petition to remove conditions on their own. So if I were to keel over now, C. would file the paperwork and he would likely successfully remove conditions. (This provision is in the I-751.)

In case #1, the person has no green card at all, and doesn't currently have a legal way to stay in the country. In case #2, the person has the green card, but it's not clear whether it should have been granted (because of the spouse's death before it was issued without an interview.) So the question is whether case #2 has any kind of permanent residency legitimately. I tend to suspect she'd be in the same boat as case #1.

[trinket 30]

I have a querry. I have 10 year GC and I don't plan to apply for Citizenship as most of the people do.

I am sure in 10 years time rules will change, but still what is the rule for now. What happens after 10 years? I know I will have to reapply for GC.......but what if my SO dies (yekkk for even typing that). I can picture us having kids in a few years and all that and it would be better for them to have a life in US.

In a situation like that (given my husband is deceased and I remain single) , will I have to leave the country or I will still be eligible for applying for a GC?

[Jasman0717 8]

Did you actually watch that segment? Sadly, I don't think you did. It laid the USCIS's postion out very nicely. Death of USC = Deportation of Widow (dependent of where they are in the process).

pretty clear on that

[Teacher Mark 53]

I have a querry. I have 10 year GC and I don't plan to apply for Citizenship as most of the people do.

I am sure in 10 years time rules will change, but still what is the rule for now. What happens after 10 years? I know I will have to reapply for GC.......but what if my SO dies (yekkk for even typing that). I can picture us having kids in a few years and all that and it would be better for them to have a life in US.

In a situation like that (given my husband is deceased and I remain single) , will I have to leave the country or I will still be eligible for applying for a GC?

I'm sure you'd be fine. The cases in question had not completed the process with USCIS for Permanent Residency.

[Teacher Mark 53]

Did you actually watch that segment? Sadly, I don't think you did. It laid the USCIS's postion out very nicely. Death of USC = Deportation of Widow (dependent of where they are in the process).

pretty clear on that

Not really. They never really state the point of the process that the couples were in. Those of us that have either been in the process a while or have read up on it can figure it out, but the segment kept it simple.

[bhajishah 4]

Where there is love and marriage , then there is good intentions. they should let her stay.

70 yo guys with copd, emphysema , lung ca o2 dependant, well USCIS should let them marry 23 yo asian girls, !!! wow ought to know what would happen. maybe it be a happy death.