Unique situation ? Father passed away..

[Assaf97 0]

My father who was illegal married a USA citizen who later sponsored me(IR2 Visa) everything went well right up to the visa interview, they asked for proof of my father's legal residency which he didn't have yet. The women interviewing me said that she will be unable to grant me my visa until I show her proof of my father legal residency (She gave me 1 year). My father passed away on April 29th and my step mother still wants to sponsor me and I still want to live with her and continue my education. What happens now? Will they waiver the fact that my father was illegal and let me continue or is it impossible now? Any help will be appreciated.

[Harmonia 211]

How did you and your father originally come to the US? With a visa that expired or with no visa? How old are you?

Edited June 24, 2016 by Harmonia

[teeak 224]

How old were you when your stepmother married your father?

[Merrytooth 5,748]

http://www.visajourney.com/forums/topic/588717-ir-2-visa-questions-interview-in-6-days/

OP is 18 year old, the Step mom and his father are married for 4 years

[Assaf97 0]

Well I'm 19 now but yes they got married before I turned 16. My father stayed on a expired visa. I was there illegally also but only as a child(I was 10 when I left) so I would just like to know what will happen now?

[teeak 224]

Hmm, your petition is based on the fact that your USC step-mother petitioned for you as she had married your father prior to your 18th birthday.

Even though your father has passed (I am very sorry for your loss!), you should still be eligible for the IR2 visa. Obtain a copy of your father's death certificate, and evidence of him filing for his adjustment of status (I797C notices) and bring it to the embassy with the 221G form they provided.

[Harmonia 211]

Agree with the above information. I'm also sorry for your loss. However, I know people who have successfully petitioned their stepchildren when their spouse was undocumented. Your stepmother is the petitioner, not your father, so as long as he married her while you were under 18, she can still petition you. I would also get a copy of his death certificate to provide, as well as proof he filed for adjustment of status (assuming he did). Also, your illegal presence as a child when your visa expired won't matter because you left at age 10.

Edited June 24, 2016 by Harmonia

[Assaf97 0]

Thank you for your condolences guys, I really appreciate it. My father told me he had plans to apply for his paperwork but honestly I'm not sure if he ever got around to it. Will it matter if it turns out he didn't get to apply?

[teeak 224]

I don't think it should have any affect since your step-mother is the petitioner. I'd say you should have a chat with her and figure out if they ever did file the paperwork.

If not, you can obtain a copy of your father's expired visa/I94/entry stamp, his marriage certificate to your step-mother, and his death certificate, and explain that he was out of status at the time of his death and was intending on filing based on his marriage to a USC.