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stevebzzzzz

What happens if I die after we marry

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4 minutes ago, stevebzzzzz said:

I know this question seems bizarre, but what would happen to my fiance's status if I died shortly after I marry her, but before she gets her green card?

A lot of variables and depends exactly where you are in the after marriage process


YMMV

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She'd be able to get a GC as a widow of a USC.

 


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Posted (edited)

Not that bizarre of a question, especially in circumstances where the likelihood of such event occurring is high.

 

https://www.uscis.gov/greencard/widower

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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31 minutes ago, Nitas_man said:

What usually happens is that the widow (and her new hot young oily beefcake) enjoy a life of work free luxury and travel on our hard earned gains

 

 

hahaha!!! :lol:

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All jokes aside, it does happen. Not very often but enough to have info on here for discussions.

 


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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I think it's great that you're thinking about. Death makes people uncomfortable, that's why we're having people laughing at the post about the suicide hotline even though suicide rates in the US has increased by 25% since 1999. 

 

We're all going to die, might as well be prepared for it which will make it easier for our loved ones.  






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Not sure the suicide joke was so classy.... but anyway.

 

OP - as other (serious) responses advised, it's not impossible for your spouse to continue on if such a tragedy should occur. There's also other ways to ensure your partner is covered. If you have a job with benefits, consider adding them as your beneficiary. Most companies include beneficiary benefits with any existing liability benefits your company may offer/have on you. (I just had this talk with my employer, and these were questions I also asked myself.)

 

You can also have applicable POA/living will documents drawn up as one another's spouse that can cover things outside of your job.


Håll ut, y'all.

 

               K1 Process                                                                                AOS Process

July 2015 - met online thanks to Zak Bagans                                                            May 25, 2018 - South Carolina marriage license issued

June 2016 - first in-person meeting                                                                             May 26, 2018 - legally married

August 2016 - stateside visit                                                                                        June 7, 2018 - applied for Social Security Number [manual verification required]

February-April 2017 - stateside visit                                                                           June 18, 2018 - SSN/card received in the mail

April 4, 2017 - got engaged                                                                                          June 30, 2018 - submitted I-485 (AOS)/I-765 (EAD)/I-131 (AP) together

June 5, 2017 - submitted I129F                                                                                   July 9, 2018 - AOS/EAD/AP electronic NOA1 received

June 12, 2017 - received NOA1                                                                                   July 13, 2018 - AOS/EAD/AP hard copy NOA1 received (dated July 6, 2018)

December 1, 2017 - received NOA2                                                                            July 25, 2018 - Biometrics appointment (Charlotte, NC)

January 17, 2018 - NVC received case                                                                      August 1, 2018 - case status updated to "Ready to be Scheduled for Interview"

January 18, 2018 - received NVC case number by phone                                      August 11, 2018 - case status updated to "I-485 Interview Scheduled"

January 24, 2018 - packet received via email                                                           August 16, 2018 - AOS Interview Scheduled letter received

February 15, 2018 - medical appointment                                                                 August 28, 2018 - visited civil surgeon (Winston-Salem, NC) to complete I-693

February-March 2018 - trip to Gothenburg                                                                                                [beneficiary had to get one remaining vaccination stateside]

February 22, 2018 - interview at the US Embassy in Stockholm                            September 18, 2018 - I-485/AOS Interview in Greer, SC

                                    [passed, pending receipt of medical papers]                           September 18, 2018 - case status updated to "Card Has Been Issued/Mailed"

February 27, 2018 - medical papers received by Embassy                                     XXXXX, 2018 - Green Card received in the mail

March 5, 2018 - visa received in the mail with passport                                          October 6, 2018 - traditional wedding with family & friends

May 16, 2018 - POE in Charlotte, NC

 

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Posted (edited)

This is a very important discussion to have and it’s why I’ll be renewing my life insurance policy after marriage, along with bank accounts, credit cards, retirement accounts, living will documents, etc. 

 

It sucks to think about, but you have to prepare for everything when it comes to your fiancé/newlywed 

Edited by Rocko20

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18 hours ago, Christy&J said:

haha I know it's a joke but still no likey the stereotype mindset people thought about non-USC come to US or marry USC for luxury life...at least in our case, it's downgrade for my life standard to follow him but I am willing to do so for couple of years so he can finish his duty and we move back to Germany.

 

My income and investment could easily support our life without us to work for rest of our life.

 

 

 

LOL please take comfort in this:  That particular "stereotype" applies across the board - not just to immigrant spouses.  Plus it's a little bit (a lot) funny.  The question was asked and answered but for those out there with no (or almost no) sense of humor here is (my) official answer: 

 

The same preparations for this event apply no matter who your spouse is or where your spouse is from.  From the moment a SO gets assigned a 9-digit number health, life, assets, and other benefits need to be set up to cover serious unexpected events.  These items are not only about being responsible, when AOS and ROC are filed USCIS also and as a bonus views these actions as proof of valid marriage. 

 

As to the very small window between entry and AOS - before the wedding I am not sure.  There does not seem to be a path to stay and nothing that the fiancé can do.  After the wedding the spouse can definitely adjust status as a widow of a USC.  Here's one source with a rundown of instructions.

 

https://www.nolo.com/legal-encyclopedia/marriage-green-card/applying-for-adjustment-status-as-widower-of-us-citizen.html

 

Of particular interest:

 

If your fiance(e) died before you were able to marry, you cannot adjust status, because you were never the spouse of a U.S. citizen. Also, if you stay in the U.S. and marry someone else, you can’t adjust your status based on that marriage. The rules say that you can’t adjust status as the spouse of anyone except the person who petitioned for your K-1 visa. So if you remarry, you will have to get your immigrant visa in your home country.

 

Please accept apology for offending you Fräulein

 

 

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