Death of Principal beneficiary, badly need advise

[pink_niru 41]

Hi all,

Badly in need of expert opinions

Received COA ( choice of agent) FOR My cousion's F3 file. But unfortunately he is no more.So death of "Principle bene" happened before 2 yrs.

Is there any way /law that v can get immigration visa for his 2 children and his wife who r in india?

Until i know if principle bene death happens , petition gets void..

Plz help

Edited September 28, 2014 by pink_niru

[aleful 1,905]

hi

I'm sorry but the petition dies because they are derivatives, the beneficiary has passed, the parent's can only file for immediate relatives.

[Adslip 6]

Read up on a "Widows" petition an I-130 when the primary petitioner dies can be converted to a widows petition. This information can be found on th USCIS website and also here by typing in Widow. Hopefully you can find the information to assist you.

I myself found myself in this position when my husband died. Our approval came after his death making the petition in valid. If it was approved before his death it is my understanding that she can continue with the petition.

Good luck and my condolences to your family.

[Adslip 6]

I also meant to add that the two year rule does not apply any longer.

[aleful 1,905]

Read up on a "Widows" petition an I-130 when the primary petitioner dies can be converted to a widows petition. This information can be found on th USCIS website and also here by typing in Widow. Hopefully you can find the information to assist you.

I myself found myself in this position when my husband died. Our approval came after his death making the petition in valid. If it was approved before his death it is my understanding that she can continue with the petition.

Good luck and my condolences to your family.

hi

I don't think you clearly read the OP. his cousin is an F3 petition, meaning married child of a USC, she isn't the spouse of a USC

her spouse was being petitioned by his parent, father or mother who was the USC. parent's cannot directly bring grandchildren or in laws to the US

[pink_niru 41]

Hi sorry to hear that but i guess u r talking abt "married to US Citizen" case. Here my uncle who is US Citizen filed for his son and their bene were his wife and children.

So file category is F3 and no CR

still is she covered?

Read up on a "Widows" petition an I-130 when the primary petitioner dies can be converted to a widows petition. This information can be found on th USCIS website and also here by typing in Widow. Hopefully you can find the information to assist you.

I myself found myself in this position when my husband died. Our approval came after his death making the petition in valid. If it was approved before his death it is my understanding that she can continue with the petition.

Good luck and my condolences to your family.

[aleful 1,905]

hi

unfortunately no, because the i360 is only for widows or widowers of a USC as you stated.

your uncle cannot file directly for his daughter-in-law and grandchildren

I'm sorry for your loss as well

Edited September 28, 2014 by aleful

[Hypnos 6,576]

Some misinformation in here.

The law was changed in 2010. The relevant section is INA 204(l), which provides for both principal and derivative beneficiaries to be able to continue with their application even if the petitioner or principal beneficiary dies.

Unfortunately there are quite a few stringent conditions, one of which is that the derivative beneficiaries seeking a green card were living in the US at the time the petitioner or principal applicant died (this makes no sense to me). If this was not the case then the derivative beneficiaries will not be able to immigrate on that petition.

Edited September 28, 2014 by Hypnos

[san diego 407]

I can only give my experience from 1993. Primary beneficiary was my grandma. She passed away by the time of the interview. We still got the visa.

[pink_niru 41]

Please give me more details , i will be oblidged ...like how u put on papers, what was interview questions, what was ur experience at port of entry etc

I can only give my experience from 1993. Primary beneficiary was my grandma. She passed away by the time of the interview. We still got the visa.