Widower

[DingFries 0]

My sister in laws (alien) husband died. She entered on K1 visa; married in 90 days. The dead husband waited 2 years before filling the initial AOS. So he filled that, a month later died. Apparently he made some mistakes on the I-864 and they sent a letter asking for more info.

So, here I am now, trying to help her. I don't have money for a lawyer and the guy died without insurance. So she is living with me. I found the widower guide (http://www.visajourney.com/content/immigrate-to-america-widow-er-of-us-citizen).

But I am not sure of the first step: Do we call USCIS and inform them he is dead? Does that step turn the I-485, that has already been submitted, into a I-360? Or is she suppose to fill out and send a I-360, I-864W, etc?

The AOS packet already sent has been paid for...I see on the I-864 there is a checkbox for sponsor is dead. Can I fill out the I-864, check that box and become the financial sponsor?

[Sandra G. 5,009]

She has to notify USCIS about his death and provide a copy of the death certificate. The I-130 pending will automatically convert to a widow form I-360. She has a pending I130 then she does not need to file form I-360,because the conversation is automatically, after she informs USCIS.

READ PAGE 7

http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/CSCOpenHouseJune2014I-130-HR_final.pdf

and read page 15 about affidavit of support.

You have here some other information about the I360 process.

If the widow(er) entered the United States as a K-1 nonimmigrant and filed an I-485 after marrying the deceased U.S. citizen, he or she will be deemed the beneficiary of a Form I-360 Widow(er) petition.

Q. If I have a pending I-130 and qualify as an immediate relative, how do I find out if my petition has converted to a widow(er)’s I-360?

A. Your Form I-130 will automatically convert to a widow(er)’s Form I-360. USCIS will adjudicate your converted I-360 and notify you with a decision.

Q. As a widow(er) of a U.S. citizen, am I required to submit a Form I-864, Affidavit of Support?

A. No. Under the INA, a widow(er) of a citizen and his or her accompanying children are not required to submit Form I-864, Affidavit of Support

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.

Edited June 18, 2015 by sandranj

[Hypnos 6,576]

There is no I-130 in this case, since the OP's friend entered on a K-1. Provided they married within 90 days of PoE then they would just have filed an I-485 with its supporting forms and documentation, and it appears that's what happened.

Your friend should make an Infopass appointment at her nearest local office and take a certified copy of her late husband's death certificate. Inform the officer that you are giving them notification of his passing.

Under the widower guidance issued by USCIS: http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2009/Widower120209.pdf since they are a K-1 they will be deemed to be the beneficiary of an already-approved I-360, and the case will proceed on that basis. No I-864 will be necessary, although an I-864W ("waiver") would need to be completed to show that they are exempt from needing to file I-864.

Edited June 18, 2015 by Hypnos

[DingFries 0]

Thanks to both of you. I was being confused by the I-130 and I know there was no pending i-130. So this is all good to know. Will make the infopass appointment asap.

[Sandra G. 5,009]

Sorry i messed up, here is the link with more information

http://www.uscis.gov/archive/archive-news/fact-sheet-uscis-process-applications-widowers-deceased-us-citizens

[DingFries 0]

I already scheduled the infoPass meeting. So I will just follow through with that and see what they say.

[DingFries 0]

The infopass person said to continue with the AOS and just become the sponser on the 485...

[Hypnos 6,576]

That's correct. She will continue with her existing I-485 and will effectively "self-sponsor" using an I-864W.