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tj_maisuria

I131 Beneficiery DECEASED

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Hi,

A Friend of mine petition for his brother, wife and two kids in India 7 years ago, recently the brother passed a way. Can his wife and kids still come over to US on current petition? Is the I 130 petition cosidered dead? should we inform the NVC or USCIS of the death now?

Thanks

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Filed: Citizen (apr) Country: Argentina
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Hi,

A Friend of mine petition for his brother, wife and two kids in India 7 years ago, recently the brother passed a way. Can his wife and kids still come over to US on current petition? Is the I 130 petition cosidered dead? should we inform the NVC or USCIS of the death now?

Thanks

sorry, but no. they are derivatives of the brother. he is the direct beneficiary. no need to inform anything

he can't file directly for his sister-in-law and nieces and nephews.

sorry for his loss.

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Filed: Citizen (apr) Country: Argentina
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sorry, but no. they are derivatives of the brother. he is the direct beneficiary. no need to inform anything

he can't file directly for his sister-in-law and nieces and nephews.

sorry for his loss.

does she have any US family members by any chance? she would need for US parents or siblings to file for her.

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She wont qualify eventhough the petition has been pending for 7 years?

No, her husband who was then qualifying relative of a USC is now deceased. The petition/application is now no longer valid.

Unless she has a mother, father, sister or brother that is a USC, there is no way for her to qualify to be petition for a US immigration visa.

The door has been closed with the death of her husband.

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Filed: Citizen (apr) Country: Argentina
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She wont qualify eventhough the petition has been pending for 7 years?

ditto to lifesjourney.

it doesn't matter how long they have waited. her huband was the beneficiary. they were coming along because your friend was filing for his/her brother. no brother, no petition.

if she has familiy members such as US parents or siblings of her own, they can file a new petition for her.

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Filed: K-1 Visa Country: Vietnam
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She wont qualify eventhough the petition has been pending for 7 years?

The other answers you've gotten are correct. Your friend petitioned for his brother - not his brother's family. His brother's family were eligible for derivative visas based on the petition for his brother. With the primary beneficiary now deceased, there is nothing for them to derive eligibility from.


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Filed: K-1 Visa Country: Wales
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The whole thing becomes somewhat pointless, this is a family reunification category, the sibling has passed away.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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