Possible problem with IR-1 application.

[feromon85 1]

Hello,
Long story short, was married to USC in 2008, she died on the day of interview... 3 weeks after that I left the country, never came back.. Few months later her daughter informed me that I was in removal proceedings, ( I left, handed out I-90 arrival/departure white card at the airport, hope it is enough)   I was surprised,  thinking  case will close right after I leave the US. Now, 10 years later  my US wife and I are thinking of applying for IR-1 visas. Is it worth it to try? Am I eligible for the benefit? We live in EU low fraud country.

thanks ahead.

Frank

[TM92 527]

23 minutes ago, feromon85 said:

Now, 10 years later  my US wife and I are thinking of applying for IR-1 visas. Is it worth it to try? Am I eligible for the benefit?

Have you consulted with a competent immigration attorney?

Edited November 28, 2018 by TM92

[Mimicherie 142]

27 minutes ago, feromon85 said:

Hello,
Long story short, was married to USC in 2008, she died on the day of interview... 3 weeks after that I left the country, never came back.. Few months later her daughter informed me that I was in removal proceedings, ( I left, handed out I-90 arrival/departure white card at the airport, hope it is enough)   I was surprised,  thinking  case will close right after I leave the US. Now, 10 years later  my US wife and I are thinking of applying for IR-1 visas. Is it worth it to try? Am I eligible for the benefit? We live in EU low fraud country.

thanks ahead.

Frank

When you say you left the country you mean you left your country & entered the US? If so then, Yes you should consult with a competent attorney because technically since the death occurred day of interview/before you traveled to the US this should’ve been reported to the embassy. As soon as you were made aware that the petitioner passed away, I think the visa is void. I can imagine you probably went for personal/emotional purposes but depending on if you stayed longer than the 90 days then you might have a ban/Barr. Other VJ members can correct me if I’m wrong. 

[TM92 527]

13 minutes ago, gsdc23 said:

When you say you left the country you mean you left your country & entered the US?

46 minutes ago, feromon85 said:

she died on the day of interview

@feromon85, which type of interview? Adjusment of Status? IR-1?

[Mimicherie 142]

8 minutes ago, TM92 said:

@feromon85, which type of interview? Adjusment of Status? IR-1?

Oh yes I should’ve asked which kind of interview. I’m assuming it was an IR-1 interview to obtain a visa to enter the US. 

Edited November 28, 2018 by gsdc23

[feromon85 1]

When you say you left the country you mean you left your country & entered the US?

13 minutes ago, TM92 said:

@feromon85, which type of interview? Adjusment of Status? IR-1?

Yes adjustment of status. So I am now 10years out of US....

Edited November 28, 2018 by feromon85

[SusieQQQ 11,586]

15 hours ago, feromon85 said:

When you say you left the country you mean you left your country & entered the US?

Yes adjustment of status. So I am now 10years out of US....

So you attended the AOS interview, but then left the US 3 weeks later after your wife died? 

[feromon85 1]

Exactly.

[SusieQQQ 11,586]

You still have proof that you left then? Maybe entry stamp of next country you went to? I think it should probably be ok. You clearly had no intent to stay unauthorized and don’t seem to have stayed longer than needed to deal with the unfortunate events. Maybe talking to an attorney as someone suggested is also prudent.