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My sister in laws (alien) husband died. She entered on K1 visa; married in 90 days. The dead husband waited 2 years before filling the initial AOS. So he filled that, a month later died. Apparently he made some mistakes on the I-864 and they sent a letter asking for more info.

So, here I am now, trying to help her. I don't have money for a lawyer and the guy died without insurance. So she is living with me. I found the widower guide (http://www.visajourney.com/content/immigrate-to-america-widow-er-of-us-citizen).

But I am not sure of the first step: Do we call USCIS and inform them he is dead? Does that step turn the I-485, that has already been submitted, into a I-360? Or is she suppose to fill out and send a I-360, I-864W, etc?

The AOS packet already sent has been paid for...I see on the I-864 there is a checkbox for sponsor is dead. Can I fill out the I-864, check that box and become the financial sponsor?

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She has to notify USCIS about his death and provide a copy of the death certificate. The I-130 pending will automatically convert to a widow form I-360. She has a pending I130 then she does not need to file form I-360,because the conversation is automatically, after she informs USCIS.

READ PAGE 7

http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/CSCOpenHouseJune2014I-130-HR_final.pdf

and read page 15 about affidavit of support.

You have here some other information about the I360 process.

If the widow(er) entered the United States as a K-1 nonimmigrant and filed an I-485 after marrying the deceased U.S. citizen, he or she will be deemed the beneficiary of a Form I-360 Widow(er) petition.

Q. If I have a pending I-130 and qualify as an immediate relative, how do I find out if my petition has converted to a widow(er)’s I-360?

A. Your Form I-130 will automatically convert to a widow(er)’s Form I-360. USCIS will adjudicate your converted I-360 and notify you with a decision.

Q. As a widow(er) of a U.S. citizen, am I required to submit a Form I-864, Affidavit of Support?

A. No. Under the INA, a widow(er) of a citizen and his or her accompanying children are not required to submit Form I-864, Affidavit of Support

Widow(er) With Pending or Approved Immigrant Petition

If you were married to a U.S. citizen who had filed Form I-130, Petition for Alien Relative for you before he or she died, you do not need to file anything. The Form I-130 will be automatically converted to a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

Edited by sandranj

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There is no I-130 in this case, since the OP's friend entered on a K-1. Provided they married within 90 days of PoE then they would just have filed an I-485 with its supporting forms and documentation, and it appears that's what happened.

Your friend should make an Infopass appointment at her nearest local office and take a certified copy of her late husband's death certificate. Inform the officer that you are giving them notification of his passing.

Under the widower guidance issued by USCIS: http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2009/Widower120209.pdf since they are a K-1 they will be deemed to be the beneficiary of an already-approved I-360, and the case will proceed on that basis. No I-864 will be necessary, although an I-864W ("waiver") would need to be completed to show that they are exempt from needing to file I-864.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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That's correct. She will continue with her existing I-485 and will effectively "self-sponsor" using an I-864W.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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