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DingFries

US Sponser Died

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A friend of mine died; he was married to his K1 wife over two years, just filled for the aos and then he died. Just got a note saying redo the 864.

I assume it can still be done; just check the box saying he died, provide death certificate, etc, another financial sponser.

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Are you referring to Adjustment of Status from K1 to get the 2yr conditional GC? Or Removal of Conditions to get the 10yr GC?

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Per http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2009/Widower120209.pdf since the I-485 was filed before the US citizen petitioner died, then the beneficiary will be automatically deemed to be the beneficiary of an approved I-360, and can continue with their I-485 on that basis.

No I-864 will be necessary. She should instead complete an I-864W ("waiver") showing that as a widow she is not subject to the I-864 requirements.

If USCIS has not been advised of the death of the US citizen petitioner, she should do that. Provide them with a photocopy of a certified copy of the death certificate, ideally via an Infopass appointment.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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The mention of 2 years makes me think ROC but who knows?


“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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OP says "just filed for aos".


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Sorry all, was attending to this matter with her. She is my wife's sister (filipina). Her husband just died. Before dying he filled the change of status. She came in on K1, was married within 90 days and after two years they filled the AOS paperwork. When I returned home with her and his ashes, RFE for the I-864 was waiting (need better proof of income, he was a 1099 trucker).

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