what if something happen to the petitioner what then?

[jen1217 5]

hello VJer's another question in mind and would want to know the answer i hope i could get one lol!

I just want to know what if something happen to the petitioner during the process of petitioning a spouse or fiance', like for example if he got sick and need to retire or something like that or in worse case scenario i hope not the petitioner died, what then? is the petition for spouse or fiance still push through? is the wife have the right to whatever left by her husband or is the marriage here in the Philippines acknowledged by the US govt.? thanks hope i to hear from you guys.

[Jojo92122 1,924]

The petitioner's death means the end of the case.

[jameugiekaxavilon 25]

If something happen to the petitioner the case will be ended

[calibob 73]

If something happen to the petitioner the case will be ended

Not so if it was an I130 for a spouse. Check this out and see if I am incorrect............Widow/er the application switches to an I360 if I read right.

Bob

[jen1217 5]

Not so if it was an I130 for a spouse. Check this out and see if I am incorrect............Widow/er the application switches to an I360 if I read right.

Bob

OK Bob i will check on that... thanks!

[jameugiekaxavilon 25]

Not so if it was an I130 for a spouse. Check this out and see if I am incorrect............Widow/er the application switches to an I360 if I read right.

Bob

Oh I see. :) Thank you. I think its only for the K1 application that case will end if something happen of the petitioner.

[jen1217 5]

Yeah Bob was right... thanks for the link Bob!

[calibob 73]

Yeah Bob was right... thanks for the link Bob!

You're very welcome. This is another benefit of going through the IR1/CR1 route that is left off the comparison chart for visas. Best of luck and may the 360 never be used.

Bob

[evelyn1140 18]

Widow(er)

Green Card for a Widow(er) of a U.S. Citizen

Widows or widowers who were married to U.S. citizens at the time of the citizen’s death may apply for a green card. For further information, see sections 201(b)(2)(A)(i) and 204(a)(1)(A) of the Immigration Nationality Act (INA) and 8 CFR 204.2(i)(1)(iv) and 245.

Until October 28, 2009, you had to have been married to the deceased citizen for at least two years at the time of the deceased citizen’s death, in order to immigrate as the widow(er) of a citizen. Congress removed this requirement, effective October 28, 2009.

To immigrate as the widow(er) of a citizen, you must prove that you were legally married to the citizen, and that you entered the marriage in good faith, and not solely to obtain an immigration benefit.

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. If you have children (unmarried and under age 21), they may be included on the Form I-360 regardless of whether your deceased spouse had filed a petition for them.

To qualify, you must not have have been divorced or legally separated from the U.S. citizen at the time of death. Your eligibility to immigrate as a widow(er) ends if you have remarried.

Widow(er) Without a Pending or Approved Immigrant Petition

If you were married to U.S. citizen before the citizen’s death, but had no I-130 petition filed on your behalf, you can self-petition as an “immediate relative” on Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

To qualify, you must not have been divorced or legally separated from the U.S. citizen at the time of death. Your eligibility to immigrate as a widow(er) ends if yout have remarried. You must file within 2 years of the citizen’s death.

If your citizen spouse did not have a Form I-130 pending at the time of death, you must file the Form I-360 no more than 2 years after the death of your citizen spouse.

If, however, you were married less than 2 years, and your citizen spouse died before October 28, 2009, you must file your Form I-360 no later than October 28, 2011.

Widow(er) of a U.S. Military Member

For surviving spouses of deceased U.S. military members who were killed in combat, there are separate immigration benefits under section 1703 of Public Law 108-136. Individuals in these categories may self-petition for “immediate relative” status on Form I-360.

Eligibility Criteria

You may be eligible to receive a green card through widow/widower status if you:

Were married to a U.S. citizen at the time he or she passed away

Either have a pending or approved Form I-130 or you have filed a Form

I-360 within 2 years of your spouse’s death (or no later than October 28, 2011, if your citizen spouse died before October 28, 2009, and you were married less than 2 years).

Are not remarried

Were not divorced or legally separated from your spouse at the time he or she died

Are able to prove that you were in a bona fide marital relationship until the time of your spouse’s death

Are admissible to the United States

Application Process

To obtain a green card, you need to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with all required documents as listed in the form instructions. If your spouse filed Form I-130, Petition for Alien Relative, before his or her death, we will consider the petition as if you had filed an I-360.

If You Live in the United States

You may file Form I-485, Application to Register Permanent Residence or Adjust Status, either at the same time you file your Form I-360 or after you file the Form I-360 whether it is pending or approved. If you already filed Form I-485 based on the petition filed by your spouse, USCIS will continue to process this application and you do not need to file another one.

If You Live Outside of the United States

Your approved petition will be forwarded overseas to the U.S. embassy or consulate that has jurisdiction over where you live. For more information, see the “Consular Processing” link to the left under “Green Card Processes & Procedures.”

Supporting Evidence for the Form I-485

You should submit the following evidence/documentation with your application:

Two passport-style photos

Form G-325A, Biographic Information (if between the ages of 14 through 79)

Copy of your birth certificate

Copy of your passport page with nonimmigrant visa (if applicable)

Copy of passport page with admission (entry) or parole stamp (if applicable)

Form I-94, Arrival/Departure Record (if applicable)

Form I-693, Report of Medical Examination and Vaccination Record

Form I-130 receipt notice or approval letter (Form I-797), if applicable; or

Form I-360 with all required documents, if filing at the same time (concurrently) with Form I-485

If not filing concurrently, Form I-360 receipt notice or approval letter (Form I-797)

Medical Examination

You will need to undergo a medical exam to be eligible for adjustment as an immediate relative. To locate a civil surgeon near you, see the “Find a Medical Doctor” link to the right.

Children of Widow(er) of a U.S. Citizen

Your unmarried children under the age of 21 (known as “derivatives”) may be included on your immigration petition.

As “immediate relatives,” your derivative children are granted benefits of the Child Status Protection Act, which “freezes” their ages as of the date of the principal’s filing of Form I-130 or I-360, whichever is applicable. This provision prevents them from aging-out if they turn 21 prior to adjudication of their adjustment-of-status or visa application. They must, however, continue to meet any other additional filing requirements. For more information on the Child Status Protection Act, see the link to the left under “Green Card Processes & Procedures.”

Work & Travel Authorization

Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return). For further information, see the “Work Authorization” and “Travel Documents” links to the left under “Green Card Processes & Procedures.”

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=3d7fa6c515083210VgnVCM100000082ca60aRCRD&vgnextoid=40d9ca07be2e3210VgnVCM100000082ca60aRCRD

Edited August 23, 2011 by evelyn1140

[AMP 54]

For some reason this makes me remeber Anna Nichole Smith

[Dan & Jenni 457]

For some reason this makes me remeber Anna Nichole Smith

i would be very worried i think if i was the fiance/spouse

[Jilli & Ales 9]

i would be very worried i think if i was the fiance/spouse

Agreed

[amandas1216 8]

kinda creapy to bring up u think....

[jen1217 5]

things happened beyond our control of course we want these whole journey smooth and nothing problem like these will occur, but on the other hand at least the spouse knows what to do in case this will happen.

[calibob 73]

things happened beyond our control of course we want these whole journey smooth and nothing problem like these will occur, but on the other hand at least the spouse knows what to do in case this will happen.

Agreed, also a "benefit" to be able to immigrate to the US if something happened to me. That is one reason why we chose the IR1 route, so she'd have that option as a "final gift" from me if something did happen. The option to immigrate would be hers as my wife has grown to know my family and actually has 2 families now. Yes it would be morbid to think this way but it is a real possibility and thus the gift of opportunity would be hers.

Bob