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Death of principal beneficiary - F4 Visa

By sm88 in Bringing Family Members of US Citizens to America

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sm88 Rookie

sm88   0

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Filed: Timeline
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Hello,



According to the new section 204(I) "Relief for the survivors" or "Humanitarian Reinstatement", Do you think its possible for derivative beneficiary to get a green card after the death of primary beneficiary? The visa is F4.



Any advice and help will be really appreciated.



Thank you in advance.


Boiler Grand Master

Boiler   45,663

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Filed: K-1 Visa Country: Wales
 Timeline
Posted

Who would be taking over? Depends but I have seen it done.

“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.”

sm88 Rookie

sm88   0

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Am sorry i didnt understand "who would be taking over" Do you mean who will be the substitute sponsor?

Petitioner is alive, the primary beneficiary is deceased, the one on who the F4 file was filed. So in the absence of primary beneficiary, would the derivative beneficiary get Visa ?

Boiler Grand Master

Boiler   45,663

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Filed: K-1 Visa Country: Wales
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Posted

Sorry misread, no would be my understanding.

“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.”

sm88 Rookie

sm88   0

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Is there no possibility through humanitarian reinstatement ? I know it can be used for petitioner's death but in 204(i) they define the "qualifying relative" as petitioner and primary beneficiary as well. I dont know if i understood it right. Is there any hope ? We have been waiting for 14 years for our file to become current and the primary beneficiary was deceased last year. Would there be a consideration if it could on the basis of governmental delay on the file ?

Please advice.

Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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Boiler Grand Master

Boiler   45,663

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

What delay was there? Usually delay is beneficial due to CSPA?

Is the visa number current?

“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.”

sm88 Rookie

sm88   0

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They were supposed to get the interview call in Feb 2012 but i believe during that time there was a delay in issuing visas. All the documentation and fees were paid off by then, the file process was moving really slow back then and the primary beneficiary was alive that time. The delay was for 2 years and that is how they are expecting their file to be current and get interview call by end of this month. (Following visa bulletin)

They placed the petition in April 2000 under F4 category.

Boiler Grand Master

Boiler   45,663

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

2002 is current ex PI and Mexico so not sure what has been going on.

“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.”

apple21 Veteran

apple21   953

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Filed: F-2A Visa Country: Philippines
 Timeline
Posted

Did you inform NVC that the principal applicant died already?

At least by informing them you'll know whether to push thru or not. Save money from the medical fees etc..

Good luck!

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

sm88 Rookie

sm88   0

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Sorry, they filed in April 2002, India. Which is current now in March 2014.

So what do u think about the delay ?


Yes, we sent an email to NVC with death certi. Waiting for their reply. But i kinda knw wht it is going to be like, they will send the file back to USCIS and later review it. There is very less scope.

Boiler Grand Master

Boiler   45,663

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Filed: K-1 Visa Country: Wales
 Timeline
Posted

Sounds like there may be several things going on

“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.”

Boiler Grand Master

Boiler   45,663

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I think you need legal advice.

“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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