If petitioner passed away!!!!! (merged)

[Ajk3visa 12]

Hey. I'm Manal, the beneficiary of Alex my husband, the one who owes this account in visajourney. It's my first time using this website, using my late husband account.  My husband passed away on August/17. He had a heart attack twice and he ended up in life support and then he died. The worst part, we were so closed to meet each other's after 2 years of not seeing each other's. I was so excited my daughter will finally meet him. Me and my husband planned to meet in Netherlands. I ended up in Netherlands as a third safe country because I was in danger in my home country and because my daughter got deported. I was facing death penalty because me and my husband got married before getting the government permission of my home country. They deported my daughter and I had to leave with her so they don't kill me. I was so glad I left SA and that God saved my life. I was so glad it was time me, my husband and my daughter will be a family again. Stay in holland together until my visa gets approved then we return to US together. I ended up in Netherlands waiting for my husband to come and meet us but then I stopped hearing from him. Then his sister told me he is in ICU, life support in the cardiac floor. I got so sad and I was praying he gets well. But the day after, his sister said he got another heart attack and he has no brain activity at all. The hospital called me to make his medical decision or to give permission to his parents so they make his medical decision since I'm not in USA. I didn't wan them to disconnect his ventilator machine. I didn't even believe that was real. Why now?!! Why now when everything started to work out. God saved my life why not my husband life?!! I asked his doctor to send me his medical report so I get my visa expedited or I get any emergency visa to be with him in the hospital, but it was so late. I had some arguments with his parents cuz they wanted him to go and rest in peace but I didn't want that. I told his parents please I need to have a chance to see him first and say goodbye to him at least but they said his body organs are dying. He can not recover and they said it's meanapproved from me to keep him on the machine for so long until I'm in USA. Things were so crazy that day. Some of his family were thinking all I cared about is the green card but that is not true. I wanted to see him for one last time, maybe a miracle could happen and bring him back to life. My husband passed away, I left my home country escaping death penalty and to take care of my daughter who was deported from my home country, but my husband left us alone in Netherlands, he left the whwhole world.. I can't go back to my home country. I ended up applying for asylum in Netherlands. Idk what's gonna happen to my pending k3 visa. Is it going to be approved or once uscis  knows I had to apply for asylum in Europe, they reject everything? I'm so lost and I dont know where me and my daughter will end up, in Netherlands or usa. I have 2 applications are pending. K3 visa in USA and asylum in Netherlands. Idk what to do. I didn't plan to all that but things made all that happen. I'm also afraid that USA knows my daughter is a us citizen and once they know she and her mom in Europe for asylum, they take my daughter away from me. Cuz of trump family separation policy. I lost my husband, I don't want to loose my daughter. Please If anyone has advice please tell me. What should I do?!!!! The Netherlands IND told me USA is a thirdgreen safe country to me since I'm a wife of a uswidow citizen and.since my dadaughter is American. They said why can't u go to.usaI instead of applying for asyluck.here, I told them my husband died. Idk where to.go and where to wait for my visa and I'm.not sure what is going to happen to my visa case. I'm so afraid they take my daughter from me and leave me in Netherlands alone cuz I applied for asylum in usa. This is a tragedy. I'm soso scared.I need some help please. My immigration lawyer said he is afraid sucks reject my application when they know I'm in Netherlands for asylum. Another lawyer in Netherlands said the samefirst. What is going to happen to my case? And Netherlands said it's hard to grant asylum to someone who has third safe country like as!!! Everything is confusing to me now!!! Anyone knows anything about these kinds of cases?! Please help!!!!

[Ontarkie 13,902]

~~Moved to Effects of Major Family Changes, from What Visa Do I Need. As a more appropriate forum.~~

 

Mod hat off

 

First I'm so sorry for your loss and everything that is happening. I do know that there is a way for you to continue the process as a Widow of a USC. I do not know the steps but our wonderful members will be able to help you with that.

[Ajk3visa 12]

1 minute ago, Ontarkie said:

~~Moved to Effects of Major Family Changes, from What Visa Do I Need. As a more appropriate forum.~~

 

Mod hat off

 

First I'm so sorry for your loss and everything that is happening. I do know that there is a way for you to continue the process as a Widow of a USC. I do not know the steps but our wonderful members will be able to help you with that.

Did you already moved this forum or do.I.need too be it? Idk where is that section?

[Ajk3visa 12]

3 minutes ago, Ontarkie said:

~~Moved to Effects of Major Family Changes, from What Visa Do I Need. As a more appropriate forum.~~

 

Mod hat off

 

First I'm so sorry for your loss and everything that is happening. I do know that there is a way for you to continue the process as a Widow of a USC. I do not know the steps but our wonderful members will be able to help you with that.

Ok I got it. It's already moved thank you.

[milimelo 4,167]

Sorry about your loss. Why did your husband wait over two years to apply for I-130 (you won't be getting K-3 visa, that's obsolete). May want to get in touch with the US Embassy in Amsterdam to see what the steps will be once your petition is approved. If your daughter has her US passport, she's good on that end. 

[Pinkrlion 2,607]

Sorry for your loss, it is my understanding that if you still have a pending petition, and petitioner passed away that your petition is denied.  However, you can google lawyers and see if there have been changes made to this policy as there have been several policy changes within the past year. 

 

 

[SusieQQQ 11,584]

Sorry for your loss.

 

Here is the official uscis page on the topic 

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

 

some extracts

Widows or widowers who were married to U.S. citizens at the time of the citizen’s death may apply for a green card.

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 ..., Widow(er).

 

to my inexperienced  eye it actually looks pretty straightforward, I suggest you carefully read the link above about what to do. But presumably someone needs to notify uscis of his death so they know to convert the i130 to an i360.

 

good luck.... hope it works out.

 

 

Edited September 7, 2018 by SusieQQQ

[Ajk3visa 12]

11 hours ago, milimelo said:

Sorry about your loss. Why did your husband wait over two years to apply for I-130 (you won't be getting K-3 visa, that's obsolete). May want to get in touch with the US Embassy in Amsterdam to see what the steps will be once your petition is approved. If your daughter has her US passport, she's good on that end. 

It is a long story. So many things happened during the 2 years. He first was trying to come to my home country to marry me again there to fix our marriage in my home country but they didn't let him to come and visit me. It took me 6 months trying to make him a visa to visit me in my home country.Then he came to another country to meet me and my daughter but I had a travel ban that time so he went back to usa without seeing me. me and him were planning to live somewhere else so he gets a Better job. He had no job at first, he couldn't find a cosponsor. His parents are divorced. No one could help him sponsoring me. He found a job 2 months before he died. He was working on himself to get back on his feet so he can sponsor me. But things ended up this way. We tried all.kinds of plans to see each other's again.once things started to work out, he died. And I know so many married people wait for years then apply for green card. Waiting so long doesn't not disqualify anyone for green card I guess.

[Boiler 43,396]

Unclear if you are actually married.

[Going through 5,668]

3 hours ago, Ajk3visa said:

He first was trying to come to my home country to marry me again there to fix our marriage in my home country but they didn't let him to come and visit me.

Just for clarification----do you mean "fix" your marriage as in you were having marital problems, or "fix" your marriage as there was some issue surrounding the legality of it?

[Going through 5,668]

15 hours ago, Ajk3visa said:

I'm also afraid that USA knows my daughter is a us citizen and once they know she and her mom in Europe for asylum, they take my daughter away from me. Cuz of trump family separation policy.

Your daughter is not going to be taken away from you and forced to live in the US  without you just because she is a USC, and you are not.  You can continue your application for asylum in the Netherlands (which imo, seems easier since you are already settled there), or continue the US greencard process as a widow.

 

16 hours ago, Ajk3visa said:

I'm so afraid they take my daughter from me and leave me in Netherlands alone cuz I applied for asylum in usa.

Before you'd said you'd applied for asylum in Netherlands....so now you've applied for asylum in the USA as well?

[Ajk3visa 12]

4 hours ago, Going through said:

Your daughter is not going to be taken away from you and forced to live in the US  without you just because she is a USC, and you are not.  You can continue your application for asylum in the Netherlands (which imo, seems easier since you are already settled there), or continue the US greencard process as a widow.

 

Before you'd said you'd applied for asylum in Netherlands....so now you've applied for asylum in the USA as well?

No I didn't apply for asylum in USA. I don't think.I.I'm.qualified for asylum in USA cuz my daughter is a usc. I have also a pending k3 visa in usa which may convert to widow visa I guess. Yesterday the Netherlands IND said they will find me a lawyer here in Netherlands who is also known about USA immigration to see if I have a chance to go to usa, they won't accept my asylum in Netherlands, if not, they will grant me asylum in Netherlands. I don't have choices. They also said international organization will also intervene with my issue. 

[Ajk3visa 12]

5 hours ago, Going through said:

Just for clarification----do you mean "fix" your marriage as in you were having marital problems, or "fix" your marriage as there was some issue surrounding the legality of it?

My marriage is legal and real in USA. We got married in.USA. But in my country, SA is not legal because my husband has a different religion and because we did not take the permission from.the SA embassy before getting married in.USA. so he and me planned to remarry in my home country after he convert to.my religion. I know it's complicated for anyone who came from a country that makes sense to understand the rules of.my home country. 

[TM92 527]

56 minutes ago, Ajk3visa said:

Yesterday the Netherlands IND said they will find me a lawyer here in Netherlands who is also known about USA immigration to see if I have a chance to go to usa, they won't accept my asylum in Netherlands, if not, they will grant me asylum in Netherlands. I don't have choices.

Immigration to the US is still a strong option. You qualify as a widow of U.S. citizen, https://www.uscis.gov/greencard/widower:

Quote

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. If you have children (unmarried and under age 21), they may be included on the Form I-360 regardless of whether your deceased spouse had filed a petition for them.

 

To qualify, you must not have have been divorced or legally separated from the U.S. citizen at the time of death. Your eligibility to immigrate as a widow(er) ends if you have remarried.

Here is a link with more info: https://www.nolo.com/legal-encyclopedia/what-if-i-die-before-the-immigrant-im-sponsoring-gets-green-card.html

You must notify USCIS within two years of his death and include a copy of your marriage certificate, proof of his U.S. citizenship, and a copy of the death certificate. There is no need for a financial sponsor; just fill out 
Form I-864W (on Page 2 select box 1.c.).

 

[Hypnos 6,576]

If you were legally married in a true marital relationship then you continue to be eligible to immigrate to the US as the widow of a US citizen.

 

It sounds as if there is already a pending I-130 filed by your husband for you. You would need to contact the USCIS service center where this application is pending and inform them of what has happened. You would need to give all of the information, such as your name and address, your husband's name and address, the I-130 receipt number, and your assigned alien number (if you have one). You would tell them that your husband has passed away, and provide them with a photocopy of a certified copy of his death certificate. The pending I-130 would then be automatically converted to a pending I-360 (widow/er's petition) under 8 CFR 204.2(i)(1)(iv).

 

USCIS would then approve the I-360 and you would interview at your nearest US embassy for an IW-1 immigrant visa. No affidavit of support will be required.

Edited September 7, 2018 by Hypnos