Jump to content
Sign in to follow this  
huuloimongcam

Petitioner Died Before Case Approve at USCIS

14 posts in this topic

Recommended Posts

Hello Everyone,

Here is a little short story:

My father submitted a petition to sponsor my eldest sister along with her family from Vietnam in April 2004. My sister was over the age of 18 and was married with kids. My father was a U.S. citizen and he passed away in December 2005. 4 Years later in November 2009, we received a letter in the mail from USCIS stating that they need more evidences to prove the relationship between my sister and my father. We turned in their DNA records, doctors affidavits and other supporting evidence to USCIS. 3 weeks later we received a notice saying the case was approved and now it is forwarded to NVC for futher processing.

It sounds like they have no idea that my father passed away.

So my questions are:

1. What if they found out my father passed away in 2005 when the petition was approved in 2009?

2. Let say if the petition make it through NVC, and went back to Vietnam, do they need my father to be presented?

3. If they need someone to replace my father to fill our AOS for my sister family, can I be that person?

4. When it come to HCMC, do they care if the petitioner in this case passed away or not?

Thank you all.


Finacee Visa Journey - Process

07/06/2010 - I129F Sent

07/27/2010 - Received NOA1 in mail

07/16/2010 - NOA1 Dated

12/13/2010 - Received NOA2 in mail

12/08/2010 - NOA2 Dated

12/16/2010 - NVC Received Approved Petition

12/20/2010 - NVC Sent Approved Petition to Vietnam (HCM) through DHL

12/23/2010 - US Embassy/Consulate Received

12/31/2010 - Packet 3 Received

01/03/2011 - Packet 3 Sent

02/12/2011 - Packet 4 Received

03/15/2011 - Interview Date - Interview Result - Approved!!!!!

03/23/2011 - Visa picked up

04/08/2011 - Leave Vietnam POE (San Francisco)

04/12/2011 - Applied for SSN

04/16/2011 - Medical Exam, Married in Berea, Ohio Court

04/25/2011 - Working At My Elder Brother Store

Adjustment of Status - I-485

04/27/2011 - Filed I-485 along with I-864 AOS

04/28/2011 - File Sent Through Post Office

05/09/2011 - Received Acceptance Confirmation Email From USCIS

05/06/2011 - NOA1 Dated

06/07/2011 - Biometric Appointment for I-485

Employment Authorization - I-765

04/27/2011 - Filed I-765

04/28/2011 - File Sent Through Post Office

05/09/2011 - Received Acceptance Confirmation Email From USCIS

05/06/2011 - NOA1 Dated

06/07/2011 - Biometric Appointment for I-765

Advance Parole - I-131

04/27/2011 - Filed I-131

04/28/2011 - File Sent Through Post Office

05/09/2011 - Received Acceptance Confirmation Email From USCIS

05/06/2011 - NOA1 Dated

Share this post


Link to post
Share on other sites

From what I understand the death of your father would result in a denial

Here is where I am getting this information: http://www.uscis.gov/USCIS/Outreach/Draft%20Memorandum%20for%20Comment/Widow-Policy-204l-PM-Comment-5-11-2010.pdf

If I am mistaken I hope that someone with more familiarity with this situation will correct me.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Share this post


Link to post
Share on other sites

From what I understand the death of your father would result in a denial

Here is where I am getting this information: http://www.uscis.gov/USCIS/Outreach/Draft%20Memorandum%20for%20Comment/Widow-Policy-204l-PM-Comment-5-11-2010.pdf

If I am mistaken I hope that someone with more familiarity with this situation will correct me.

go to uscis website I think they have a link for when or if the petitioner dies...


event.png

preg.png

ENGAGED AUGUST 18, 2010

MARRIED OCT 21, 2010

FILED I-130 NOV 13,2010

NOA 1 NOV 15, 2010

NOA 2 JUNE 15, 2011

CASE # JULY 13,2011

DS3032 ACCEPTED JULY 18, 2011

AOS paid JULY 20, 2011

Sent AOS JULY 23, 2011

IV paid JULY 25, 2011

IV sent JULY 28, 2011

CASE CLOSED AUG 8, 2011

INTERVIEW DATE OCT 13, 2011

Share this post


Link to post
Share on other sites

go to uscis website I think they have a link for when or if the petitioner dies...

That link a USCIS policy update regarding the death of the petitioner.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Share this post


Link to post
Share on other sites

When the Petitioner dies, the application automatically dies, you don't even have to notify the USCIS, same for Spouse of a US Citizen, if your spouse die before you get in the US, case close. I will post the link where I read it on USCIS site.

Anh Map links above gave the answer, your case will be denied because you weren't in the US when your father died.

Edited by katiemanny

AOS TIMELINE

AOS package mailed on 12/16/08

AOS package delivered on 12/19/08

Check cashed on 12/26/08

NOA1 received on 12/30/08

Biometrics on 01/20/09

AOS interview on 04/30/09

EAD Card production ordered on 03/17/09

EAD Card received on 03/21/09

AOS interview APPROVED on 04/30/09

Card production ordered on 05/27/09

Welcome letter received on 06/05/09

Card production ordered again on 06/15/09

Permanent Resident Card received on 07/09/09

I-751 ROC TIMELINE

I-751 package mailed on 02/28/2011

I-751 package delivered on 03/02/2011

Check payment cashed on 03/04/2011

NOA1 received on 03/08/2011

Biometrics appointment on 04/05/2011

Card production ordered on 05/06/2011

I-751 Petition Approved on 05/06/2011

Approval letter received on 05/12/2011

Green Card finally received on 07/29/2011

Share this post


Link to post
Share on other sites

If the petitioner dies before the petition is approved then the petition is dead, and cannot be revived.

There would have been a chance if the petition had been approved before the petitioner died. That would be a two-step process. The beneficiary would first make a plea for humanitarian reinstatement. If that's accepted, then a substitute sponsor could be submitted for the affidavit of support. However, these options are only available if the petition was approved before the petitioner died.

There is no way your sister can immigrate based on that petition. I suggest you send a copy of the death certificate to NVC and USCIS so that the petition can be closed. That will open the door for someone else to petition for her.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites

When the Petitioner dies, the application automatically dies, you don't even have to notify the USCIS, same for Spouse of a US Citizen, if your spouse die before you get in the US, case close. I will post the link where I read it on USCIS site.

Anh Map links above gave the answer, your case will be denied because you weren't in the US when your father died.

It doesn't matter if the beneficiary is in the US. It matters whether the petition was approved. Read the Family Sponsor Immigration Act of 2002.

A widow of a US citizen or LPR doesn't even need an approved petition. If they were married for at least two years when the US citizen or LPR spouse died then they can self-petition, as long as they submit the petition within two years of the spouse's death and they don't remarry.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites

Thanks you guy!


Finacee Visa Journey - Process

07/06/2010 - I129F Sent

07/27/2010 - Received NOA1 in mail

07/16/2010 - NOA1 Dated

12/13/2010 - Received NOA2 in mail

12/08/2010 - NOA2 Dated

12/16/2010 - NVC Received Approved Petition

12/20/2010 - NVC Sent Approved Petition to Vietnam (HCM) through DHL

12/23/2010 - US Embassy/Consulate Received

12/31/2010 - Packet 3 Received

01/03/2011 - Packet 3 Sent

02/12/2011 - Packet 4 Received

03/15/2011 - Interview Date - Interview Result - Approved!!!!!

03/23/2011 - Visa picked up

04/08/2011 - Leave Vietnam POE (San Francisco)

04/12/2011 - Applied for SSN

04/16/2011 - Medical Exam, Married in Berea, Ohio Court

04/25/2011 - Working At My Elder Brother Store

Adjustment of Status - I-485

04/27/2011 - Filed I-485 along with I-864 AOS

04/28/2011 - File Sent Through Post Office

05/09/2011 - Received Acceptance Confirmation Email From USCIS

05/06/2011 - NOA1 Dated

06/07/2011 - Biometric Appointment for I-485

Employment Authorization - I-765

04/27/2011 - Filed I-765

04/28/2011 - File Sent Through Post Office

05/09/2011 - Received Acceptance Confirmation Email From USCIS

05/06/2011 - NOA1 Dated

06/07/2011 - Biometric Appointment for I-765

Advance Parole - I-131

04/27/2011 - Filed I-131

04/28/2011 - File Sent Through Post Office

05/09/2011 - Received Acceptance Confirmation Email From USCIS

05/06/2011 - NOA1 Dated

Share this post


Link to post
Share on other sites

true.. if the petition was not approved then it's dead.


Current cut off date F2A - Aug 22, 2016

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

Share this post


Link to post
Share on other sites

If I am posting this two times I apologize.

Marjus's girl have you heard anything on your NOA2 since we both got the background check letter and wait 180 days?

Poster, you might just call the immigration department and tell them your situation and ask for a new petition expedited based on the approval of this one. I would be honest and truthful and see what suggestions they have.


NOA 1 November 15, 2010

NOA 2 August 25, 2011

Closed NVC Ocotber 11, 2011

Interview Date: January 12,2012

Thank you my wonderful God in Heaven.

Share this post


Link to post
Share on other sites

I will tell you only from my experience. This was in 1993 (!), when I was 18 (thus remember vaguely). My family was invited by my grandmother's brother for immigration. My grand-mother died before approval. Thus, direct link was lost. The case was already at Moscow consulate. We did disclose at the time of interview that primary beneficiary died. We all still got a green card.

Share this post


Link to post
Share on other sites

I will tell you only from my experience. This was in 1993 (!), when I was 18 (thus remember vaguely). My family was invited by my grandmother's brother for immigration. My grand-mother died before approval. Thus, direct link was lost. The case was already at Moscow consulate. We did disclose at the time of interview that primary beneficiary died. We all still got a green card.

I don't know how your grandmother's brother would have been able to petition for you, but it doesn't matter if "people in between" die. It only matters if the petitioner dies before the petition is approved. Yes, there must be a direct family link, but there is no requirement that every person in that chain must be alive.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×