VAWA + my rights over dead spouse's belongings

[foralia 1]

Hello

I need assistance with the recent passing away of my abusive husband while I was abroad and how to exercise my legal rights regarding the whereabouts of his belongings and ashes. Also how to go about obtaining his death certificate to start my VAWA case.

My case goes like this: We got together while I was visiting friends in the midwest back in 2012. We started a romance and serious relationship and eventually I went back on my tourist visa before it expired. So we decided to meet again at my country of origin and live there and travel together during six months before his tourist visa expired. He (born citizen) eventually went back to the U.S. and waited for me to meet with him there a few months later. We got married on a whim even though we didn't plan out on me immigrating but he thought it was fine to do so. Later on that day I found out it was rather risky to do that since it meant I could lose my tourist visa privileges and would most definitely need a sponsor apart from my husband from then on. Basically after the impromptu wedding he became mentally and physically aggressive and erratic due his mental illness and many things triggered him that I had no idea about. It was very hard for me to get away from him as he and his family were controlling/manipulative and it came to a point where I had no money since I couldn't work without a work permit, etc. Two years and a half went by and I managed to escape him; fully knowing that it would make it very hard for me to sort my visa due to my overstaying more than 2 years. I brought as many pertaining documents of his and our relationship (marriage certificate included) as I could and have many witnesses on my side.

So recently I heard the news of his passing away. Heavy grieving aside, it's increasingly clear that his family and friends do not think I have any rights over his belongings and his ashes. I've been trying to contact them but they just ignore me, outright tell me I have no say over any matter or feed me lies to get me out of the way. I want to know if I can exercise my rights as a widow of a U.S. citizen even as no paperwork has been filed due to 'extreme cruelty' on their part. Can they overpower my rights being as I'm not able to be physically there?

Thank you for your time,

-Olivia

[Boiler 43,492]

The disposal of any assets would be down to the Executor of his Estate and the terms of his will. You can appoint legal representation to look after your interests, you do not have to be in the US to do that.

Why are you interested in his ashes?

You could apply for a visitors visa, with that long overstay it would be a long shot and if you were approved for a waiver would take 6 months or so.

Not sure if a I 360 would apply here, depends I assume if you were considered legally separated.

[belinda63 2,981]

You can obtain a copy of the death certificate from the local court house. Google the county he died in or the state he died in website for information on how to obtain it.

As to his estate it will go through a process called probate and an executor will be appointed. You can file a claim with the probate court for your share, if any, of his estate. Part of what will come into play is if he had a will or not.

All of this can be done from overseas.

[canadian_wife 1,791]

i am sorry for your situation and dealing with difficult family members during time of loss does not help things

I do have some questions, you are still overseas yes? Was any paperwork file for you to obtain a green card? If yes, what paperwork and what stages are you at? Finally, the VAWA is for what?

Good luck

[foralia 1]

The disposal of any assets would be down to the Executor of his Estate and the terms of his will. You can appoint legal representation to look after your interests, you do not have to be in the US to do that.

Why are you interested in his ashes?

You could apply for a visitors visa, with that long overstay it would be a long shot and if you were approved for a waiver would take 6 months or so.

Not sure if a I 360 would apply here, depends I assume if you were considered legally separated.

Hi, thanks for your prompt and helpful reply.

He had no will. His mother stepped up as executor without my consent and gave away his truck and personal belongings to his casual friends.

His family is giving more priority to his friends' tales of blood pacts and morbid wishes of his ashes being pressed into bizarre mementos that he never talked to me about in any way, over my own wishes of his ashes being left alone at the cemetery plot per his Catholic upbringing stern rules in regards to the scattering of ashes.

We weren't legally separated either; we were planning to get back together with the condition of him quitting his vices and getting therapy + meds.

[belinda63 2,981]

You need to file a claim with probate court ASAP.

[foralia 1]

You can obtain a copy of the death certificate from the local court house. Google the county he died in or the state he died in website for information on how to obtain it.

As to his estate it will go through a process called probate and an executor will be appointed. You can file a claim with the probate court for your share, if any, of his estate. Part of what will come into play is if he had a will or not.

All of this can be done from overseas.

For sure will do, thanks. He had no will and very little estate but the sole dismissing of my legal stance by his family is hard to let go without not giving a fight.

[foralia 1]

i am sorry for your situation and dealing with difficult family members during time of loss does not help things

I do have some questions, you are still overseas yes? Was any paperwork file for you to obtain a green card? If yes, what paperwork and what stages are you at? Finally, the VAWA is for what?

Good luck

Thank you for your sympathy and time.

Correct, I am overseas and no paperwork was ever filed (I got many promises but they turned out to be lies and i had no other option than to leave with the help of a friend). The VAWA is for the abuse I experienced during my time spent in the U.S. while living with my husband and in-laws.

[Boiler 43,492]

The I 360 would be for the widow of a USC, now how the ban fits in with nobody to file a waiver is another issue. 2 years to file but a 10 year bar.

Edited November 29, 2016 by Boiler

[caliliving 606]

if you stayed in the US it would ahve been easier, as your overstay would be forgiven.. unfortunately, you incurred the 10yr bar and i dont think you can get a waiver in this case - as he would ahve to do the waiver... maybe since you are still legally married when your 10yr ban is over you can then apply for a GC.... you should consult a lawyer for this case, i have heard you can get a gc if your spouse dies while you are here, but i am not sure since you left... also a VAWA years later... not sure that would fly.

[Anitafeliz 1,133]

All this with the estate can be done from the comfort of your home. No need to come to the US.

[foralia 1]

if you stayed in the US it would ahve been easier, as your overstay would be forgiven.. unfortunately, you incurred the 10yr bar and i dont think you can get a waiver in this case - as he would ahve to do the waiver... maybe since you are still legally married when your 10yr ban is over you can then apply for a GC.... you should consult a lawyer for this case, i have heard you can get a gc if your spouse dies while you are here, but i am not sure since you left... also a VAWA years later... not sure that would fly.

Yes, I was aware of this law to make the case go easier, but I honestly didn't want to stay in the U.S. any longer for many reasons, the abuse being number one and having no trustworthy friends and relatives number two.

I found this info on another thread: "the only waiver available for 212(a)(9)(C )(i) is VAWA, and only if there is a connection between the abuse and the aliens departure and/or illegal reentry." I left voluntarily in order to escape my abuser, so my departure is definitely related to VAWA. This happened in 2016 so I still have a year and half to sort out my paperwork.

[Hypnos 6,576]

So, in theory you have two paths to an immigrant visa and permanent residency: (i) filing as a widow of a US citizen, and (ii) filing under VAWA.

Unfortunately, due to your prior overstay, (i) is a non-starter. If you had remained in the US then yes, you could have filed an I-360 and I-485 and any overstay would have been forgiven, since a widow/er is still considered an immediate relative if you file within two years of the US citizen's death. You state you overstayed more than two years, and so are now inadmissible for ten years from the date you departed the US. You have no qualifying relative to file an I-601 waiver of this inadmissibility, and so the IW1 immigrant visa path is closed.

Your only chance would be (ii) to file under VAWA. You would likewise face the same ten year overstay bar, but there is a waiver available for VAWA applicants if you can show that your overstay was substantially connected to the abuse.

This is very much not a DIY case, since you would both be pursuing VAWA from outside the US and seeking a waiver of your inadmissibility. I would strongly suggest you speak to a competent immigration attorney experienced in VAWA cases to seek their guidance.

Be aware that you are required to take the initial step of filing the I-360 with the Vermont Service Centre within two years of the death of your US citizen spouse abuser.

[Tusabe 14]

Yes, I was aware of this law to make the case go easier, but I honestly didn't want to stay in the U.S. any longer for many reasons, the abuse being number one and having no trustworthy friends and relatives number two.

If you have no trustworthy friends and no relatives why would you want to go back there ?? Didn't you leave for the same reason?? Overstaying a visitor visa is a big NONO and you have to wait till the ban is up

[foralia 1]

Yes, I was aware of this law to make the case go easier, but I honestly didn't want to stay in the U.S. any longer for many reasons, the abuse being number one and having no trustworthy friends and relatives number two.

If you have no trustworthy friends and no relatives why would you want to go back there ?? Didn't you leave for the same reason?? Overstaying a visitor visa is a big NONO and you have to wait till the ban is up

Being given a work permit ideally renders the drastic need (under abusive circumstances) to depend on others null. This isn't debatable. Anyways I have a case with strong evidence of abuse and they can waiver the 10 year ban accordingly.