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

[Jeanne Adil 1,651]

possibe yes, as widow but she is not is her home country so how does she proceed to get the police clearance as she said they were going to arrest her

 

she knows a musllm woman can not marry outside that religion

[TM92 527]

53 minutes ago, adil-rafa said:

possibe yes, as widow but she is not is her home country so how does she proceed to get the police clearance as she said they were going to arrest her

 

she knows a musllm woman can not marry outside that religion

OP can try and submit a notarized personal affidavit in which she explains in detail why she could not obtain a police clearance certificate from Saudi Arabia (pending asylum application for the Netherlands is a plus for OP's affidavit), https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/step-5-collect-supporting-documents.html:

Quote

Important Notice on Missing Documents: If a required document is unavailable per the country-specific guidelines in the Document Finder tool, you do not need to submit them to NVC. However, if you cannot obtain a required document for another reason, you must submit a detailed written explanation to NVC when you submit your other documents. The consular officer will then determine at the time of the visa interview whether you must obtain the missing document before a visa can be issued. As a general rule, any document that is listed as “available” on the Document Finder tool must be reviewed by a consular officer. Failure to obtain all required documents will delay your case.

Edited September 7, 2018 by TM92

[Ajk3visa 12]

1 hour ago, TM92 said:

OP can try and submit a notarized personal affidavit in which she explains in detail why she could not obtain a police clearance certificate from Saudi Arabia (pending asylum application for the Netherlands is a plus for OP's affidavit), https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/step-5-collect-supporting-documents.html: What is OP?

[Ajk3visa 12]

9 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?

 Sorry I meant cuz I applied for asylum in.Netherlands. that was a typo. Now.I see why I asked that question.

[TM92 527]

@Ajk3visa: OP means 'original poster' in discussion forums.

[Ajk3visa 12]

3 hours ago, Hypnos said:

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.

I talked to my immigration lawyer yesterday who filed the I 129f and he said this

 

(Me:

So my application will be converted to a widow visa? I first thought only If I was in.USA during my husband death I'm qualified for widow visa, but some people told me I have a daughter so I'm qualified for a widow visa wherever is my location during my husband death. It is so confusing. I still don't know what is going to happen to my case and where me and my daughter will end up. How long will that take? And is uscis now knows about my husband death or do we need to inform them?! I don't have his death certificate yet. I don't know how to order a copy of it but his name now is in the obituary website. Anyone can Google his full name and find his death information in that website. )

 

( the lawyer reply:

You will eventually need to obtain a copy of the death certificate. Call the coroner’s office. The I-130 petition that your husband filed will be converted into a widow’s petition. Your K-3 application remains pending. Your eligibility for a visa hasn’t changed so I don’t see a reason to notify the government right now.

 

The scope of our representation is limited to the K-3 application. Questions about the I-130 are outside the scope of our representation.  whawhat I.understand from him that I.don't need to inform us is about my husband death because the l3 visa will automatically be converted to widow visa. They may eventually knows my husband passed away. Idk why he said there is no reason to notify the government now about his death!!!!

Edited September 7, 2018 by Ajk3visa

[Ajk3visa 12]

3 hours ago, adil-rafa said:

possibe yes, as widow but she is not is her home country so how does she proceed to get the police clearance as she said they were going to arrest her

 

she knows a musllm woman can not marry outside that religion

So you mean USA also will criminalize me of marrying non Muslim cuz I know Muslim women can not marry outside my religion?! You mean if usa knows it's a crime in.my home country, they will also consider my marriage as a crime?!!! U scared me 

[Ajk3visa 12]

3 hours ago, adil-rafa said:

possibe yes, as widow but she is not is her home country so how does she proceed to get the police clearance as she said they were going to arrest her

 

she knows a musllm woman can not marry outside that religion

How if I told u I married a non.Muslim person because I wanted to get a new religion. That was my wish. I know Muslim women can't marry outside their religion but I wanted to that to escape my rreligion for some private reasons that made me hate my own religion. That was my choice to marry outside my bff religion and someone is so different than I.used to know.

[TM92 527]

13 minutes ago, Ajk3visa said:

You will eventually need to obtain a copy of the death certificate. Call the coroner’s office. The I-130 petition that your husband filed will be converted into a widow’s petition. Your K-3 application remains pending. Your eligibility for a visa hasn’t changed so I don’t see a reason to notify the government right now.

In my opinion, you should be wary about advice provided by this lawyer as he originally said to apply for the K-3. Although the K-3 is still mentioned in current US law, it's basically obsolete. In fiscal year 2017 only fifteen K-3 visas were issued worldwide: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2017AnnualReport/FY17AnnualReport-TableXVIB.pdf

Even USCIS acknowledges this, https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas:

Quote

However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare.

You should notify USCIS so that they convert the I-130 to the widow petition. The only hurdle I see is when the National Visa Center will request from you the Police Clearance Certificate from Saudi Arabia. But, I already mentioned that you can try to submit a notarized personal affidavit in which you explain in detail why you could not obtain it.

[Ajk3visa 12]

11 minutes ago, TM92 said:

In my opinion, you should be wary about advice provided by this lawyer as he originally said to apply for the K-3. Although the K-3 is still mentioned in current US law, it's basically obsolete. In fiscal year 2017 only fifteen K-3 visas were issued worldwide: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2017AnnualReport/FY17AnnualReport-TableXVIB.pdf

Even USCIS acknowledges this, https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas:

You should notify USCIS so that they convert the I-130 to the widow petition. The only hurdle I see is when the National Visa Center will request from you the Police Clearance Certificate from Saudi Arabia. But, I already mentioned that you can try to submit a notarized personal affidavit in which you explain in detail why you could not obtain it.

I have one last question, do you think my asylum status in Netherlands will negatively affect my application for a widow visa?! Or that is not a matter to uscis?

[Going through 5,668]

44 minutes ago, Ajk3visa said:

So you mean USA also will criminalize me of marrying non Muslim cuz I know Muslim women can not marry outside my religion?! You mean if usa knows it's a crime in.my home country, they will also consider my marriage as a crime?!!! U scared me 

It is not a crime in the eyes of US law or USCIS immigration law to marry someone outside of your religion.  

 

All USCIS will care about is that you were legally married.  You got legally married in the US--- you did not commit any crime in the eyes of the US (doesn't matter whether or not it was a crime in your home country).

[Boiler 43,436]

Wonder how they check the validity of the marriage?

[TM92 527]

49 minutes ago, Ajk3visa said:

I have one last question, do you think my asylum status in Netherlands will negatively affect my application for a widow visa?! Or that is not a matter to uscis?

Does not matter for USCIS or Department of State.

[Ajk3visa 12]

13 hours ago, Boiler said:

Wonder how they check the validity of the marriage?

What do you mean the validity of the marriage? In USA or in SA?! Are there invalid marriages?!

[Ajk3visa 12]

14 hours ago, Boiler said:

Wonder how they check the validity of the marriage?

We got married in USA not in SA. It's valid in USA. Do you mean if the marriage that happened in USA but it is not valid in some other countries, USA will also consider it not valid even if it happened in USA?! The marriage also was authenticated in the department of states in USA and in the SA embassy in DC and in the ministry of foreign affairs in SA but it was not recognized in the ministry of interior in SA because of his religion. Just to clear things up to you. If u have another question I'm ready to answer to clear things up more cuz u seem so confused!!!!

Edited September 8, 2018 by Ajk3visa