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jen1217

what if something happen to the petitioner what then?

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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.


All I know, is that I need you... I need you in my life as much as I need food or water or air to breathe - for the longest time, I've had this thirst deep inside... only to be known and understood and be loved for who I am. I have longed for someone, someone like you - to share my life with... all the ups and downs and everything in between. then out of no where - you walked into my life, quenching my thirst, satisfying my longing. and I know from every thing with in - that you are the one... you're the one I've been waiting for all this time. I want and I need you - more than I can usually find words to say... But today and always - please believe and know that you're the one for me and I'll hold you close and I'll never want to let you go...

June 2010: Met online via dating site

Oct.25,2010: He came here to meet me and my family and proposed in a lunch organized by my sister and me of course!

Nov.6, 2010: He went back to US

April 26, 2011: Came back for our wedding

May 17, 2011: The big day!!! We finally exchanged "I DO's"

Aug. 8, 2011: Sent complete Package of I-130

Aug. 26,2011: NOA1 (it was a very stressful long wait!)

March 1, 2012: NOA2 the moment we've been waiting finally here!!!

March 20, 2012: I called NVC got our MNL case# and IIN and sent my DS3032 via email

March 22, 2012: Received 2 Emails from NVC PAOSF I-130 and ACL

March 24, 2012: AOS paid online

March 27, 2012: AOS PAYMENT ACCEPTED

april 04, 2012: AOS PACKAGE ON ITS WAY TO NVC

April 04, 2012: IV bill paid

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Filed: K-1 Visa Country: Philippines
Timeline

If something happen to the petitioner the case will be ended


Picture4.jpg

Picture5.jpg

----------------------------------------

K-1 Journey (I-129F)

09/10/2010 ----- Filing date of I-129 F

09/22/2010 ----- NOA 1

02/22/2011 ----- Case being adjudicated

02/28/2011 ----- RFE, Waiver to file 2nd K-1 petition

03/04/2011 ----- RFE reply sent

03/08/2011 ----- RFE received and being reviewed at USCIS

03/17/2011 ----- NOA2 (I-129F approved)

03/23/2011 ----- NOA2 hard copy received

03/29/2011 ----- NVC received our Case

04/04/2011 ----- NVC letter received and case forwarded to US embassy Manila

04/08/2011 ----- US Embassy Manila received our case (Consulate)

04/15/2011 ----- Paid VISA at BPI

04/16/2011 ----- Received Eligibility Letter from US Embassy Manila dated April 8, 2011

04/25/2011 ----- 1st day of Medical

04/26/2011 ----- 2nd day of Medical (I PASSED!! Thank you Lord!!)

05/13/2011 ----- Interview (221g - Case under Administrative Processing "AP")

08/12/2011 ----- Received an email from the embassy "Case is pending review by a consular officer"

----------------------------------------

My blog: All about my writings and essays

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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


  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

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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!


All I know, is that I need you... I need you in my life as much as I need food or water or air to breathe - for the longest time, I've had this thirst deep inside... only to be known and understood and be loved for who I am. I have longed for someone, someone like you - to share my life with... all the ups and downs and everything in between. then out of no where - you walked into my life, quenching my thirst, satisfying my longing. and I know from every thing with in - that you are the one... you're the one I've been waiting for all this time. I want and I need you - more than I can usually find words to say... But today and always - please believe and know that you're the one for me and I'll hold you close and I'll never want to let you go...

June 2010: Met online via dating site

Oct.25,2010: He came here to meet me and my family and proposed in a lunch organized by my sister and me of course!

Nov.6, 2010: He went back to US

April 26, 2011: Came back for our wedding

May 17, 2011: The big day!!! We finally exchanged "I DO's"

Aug. 8, 2011: Sent complete Package of I-130

Aug. 26,2011: NOA1 (it was a very stressful long wait!)

March 1, 2012: NOA2 the moment we've been waiting finally here!!!

March 20, 2012: I called NVC got our MNL case# and IIN and sent my DS3032 via email

March 22, 2012: Received 2 Emails from NVC PAOSF I-130 and ACL

March 24, 2012: AOS paid online

March 27, 2012: AOS PAYMENT ACCEPTED

april 04, 2012: AOS PACKAGE ON ITS WAY TO NVC

April 04, 2012: IV bill paid

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Filed: K-1 Visa Country: Philippines
Timeline

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.


Picture4.jpg

Picture5.jpg

----------------------------------------

K-1 Journey (I-129F)

09/10/2010 ----- Filing date of I-129 F

09/22/2010 ----- NOA 1

02/22/2011 ----- Case being adjudicated

02/28/2011 ----- RFE, Waiver to file 2nd K-1 petition

03/04/2011 ----- RFE reply sent

03/08/2011 ----- RFE received and being reviewed at USCIS

03/17/2011 ----- NOA2 (I-129F approved)

03/23/2011 ----- NOA2 hard copy received

03/29/2011 ----- NVC received our Case

04/04/2011 ----- NVC letter received and case forwarded to US embassy Manila

04/08/2011 ----- US Embassy Manila received our case (Consulate)

04/15/2011 ----- Paid VISA at BPI

04/16/2011 ----- Received Eligibility Letter from US Embassy Manila dated April 8, 2011

04/25/2011 ----- 1st day of Medical

04/26/2011 ----- 2nd day of Medical (I PASSED!! Thank you Lord!!)

05/13/2011 ----- Interview (221g - Case under Administrative Processing "AP")

08/12/2011 ----- Received an email from the embassy "Case is pending review by a consular officer"

----------------------------------------

My blog: All about my writings and essays

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


All I know, is that I need you... I need you in my life as much as I need food or water or air to breathe - for the longest time, I've had this thirst deep inside... only to be known and understood and be loved for who I am. I have longed for someone, someone like you - to share my life with... all the ups and downs and everything in between. then out of no where - you walked into my life, quenching my thirst, satisfying my longing. and I know from every thing with in - that you are the one... you're the one I've been waiting for all this time. I want and I need you - more than I can usually find words to say... But today and always - please believe and know that you're the one for me and I'll hold you close and I'll never want to let you go...

June 2010: Met online via dating site

Oct.25,2010: He came here to meet me and my family and proposed in a lunch organized by my sister and me of course!

Nov.6, 2010: He went back to US

April 26, 2011: Came back for our wedding

May 17, 2011: The big day!!! We finally exchanged "I DO's"

Aug. 8, 2011: Sent complete Package of I-130

Aug. 26,2011: NOA1 (it was a very stressful long wait!)

March 1, 2012: NOA2 the moment we've been waiting finally here!!!

March 20, 2012: I called NVC got our MNL case# and IIN and sent my DS3032 via email

March 22, 2012: Received 2 Emails from NVC PAOSF I-130 and ACL

March 24, 2012: AOS paid online

March 27, 2012: AOS PAYMENT ACCEPTED

april 04, 2012: AOS PACKAGE ON ITS WAY TO NVC

April 04, 2012: IV bill paid

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

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


  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

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Filed: IR-1/CR-1 Visa Country: Turkey
Timeline

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 by evelyn1140

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Filed: K-1 Visa Country: England
Timeline

For some reason this makes me remeber Anna Nichole Smith :whistle:

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


I-129F SENT............................................08/15/2011

NOA1 TEXT/EMAIL...................................08/22/2011

NOA2 TEXT/EMAIL. NO RFE.....................01/05/2012

NVC RECEIVED......................................01/21/2012

NVC LEFT...............................................01/24/2012

PACKET 3 RECEIVED..............................02/01/2012

PACKET 3 RETURNED.............................02/04/2012

MEDICAL................................................02/17/2012

DS-2001 MAILED.....................................02/23/2012

PACKET 4 RECEIVED..............................03/02/2012

INTERVIEW............................................03/14/2012 APPROVED

POE ATLANTA.........................................04/03/2012

AOS approved 3/29/13 after almost 10 months of waiting. No RFE's and no interview.

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Filed: K-1 Visa Country: United Kingdom
Timeline

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

Agreed :)


34e24bq.jpg

AOS Journey

Date Filed: 12-12-2011

NOA Date: 12-15-2011

Biometrics: 1-20-2012

Transfer: 1-13-2012

Congressional inquiry made: 7-26-2012

Approval!: 8-01-2012

Currently: BLISSFUL NOTHINGNESS!!

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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.


All I know, is that I need you... I need you in my life as much as I need food or water or air to breathe - for the longest time, I've had this thirst deep inside... only to be known and understood and be loved for who I am. I have longed for someone, someone like you - to share my life with... all the ups and downs and everything in between. then out of no where - you walked into my life, quenching my thirst, satisfying my longing. and I know from every thing with in - that you are the one... you're the one I've been waiting for all this time. I want and I need you - more than I can usually find words to say... But today and always - please believe and know that you're the one for me and I'll hold you close and I'll never want to let you go...

June 2010: Met online via dating site

Oct.25,2010: He came here to meet me and my family and proposed in a lunch organized by my sister and me of course!

Nov.6, 2010: He went back to US

April 26, 2011: Came back for our wedding

May 17, 2011: The big day!!! We finally exchanged "I DO's"

Aug. 8, 2011: Sent complete Package of I-130

Aug. 26,2011: NOA1 (it was a very stressful long wait!)

March 1, 2012: NOA2 the moment we've been waiting finally here!!!

March 20, 2012: I called NVC got our MNL case# and IIN and sent my DS3032 via email

March 22, 2012: Received 2 Emails from NVC PAOSF I-130 and ACL

March 24, 2012: AOS paid online

March 27, 2012: AOS PAYMENT ACCEPTED

april 04, 2012: AOS PACKAGE ON ITS WAY TO NVC

April 04, 2012: IV bill paid

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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


  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

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