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Petitioner has to be alive?

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3 minutes ago, Jorgedig said:

Well this is creepy.  Care to explain further?

Please correct me if I am wrong, but when i did AOS through my sister, that is something i came across. To answer OP, yes, the petitioner needs to be alive till the GC or benefit is granted. Not neccesarely in the interview, but till the process has been adjudicated


8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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44 minutes ago, Jorgedig said:

Well this is creepy.  Care to explain further?

I was just asking because I heard if the petitioner passes away then the beneficiaries’ application of AOS gets cancelled. That is why I did two I-130 initially from 2 different USC.

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42 minutes ago, Alabamak1 said:

Please correct me if I am wrong, but when i did AOS through my sister, that is something i came across. To answer OP, yes, the petitioner needs to be alive till the GC or benefit is granted. Not neccesarely in the interview, but till the process has been adjudicated

Life is unpredictable so that is why I did two I-130s. One from my USC mother and other from my USC brother.

 

Adjudicated meaning a final decision was made?

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 If your mother dies you may be eligible for humanitarian reinstatement because you are in the US as is your brother. Someone with more experience will chime in soon 


This will not be over quickly. You will not enjoy this.

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Posted (edited)
7 hours ago, Visitor User said:

Approved I-130. USC mother.

If your mother passed away, you can request humanitarian reinstatement (by written letter explaining why you are making the request, and why it should be considered) with the USCIS office that has jurisdiction over your AOS case.

 

Along with the death certificate, you would also have to find another eligible sponsor for a new i-864 (since obviously the deceased person can no longer act as your sponsor).  In humanitarian reinstatement cases, the new sponsor must be a USC (they cannot be a LPR),  but ALSO be someone who is currently living in the States, AND be related to you.

 

Approvals of humanitarian requests normally involve several factors such as the amount of time you've legally been present in the US,  the strength of your ties to the US as opposed to your ties in your home country (unlike tourist visa applications, this is where they want to see MORE ties to the US), immediate family in the US (ie. any USC children of yours that would be affected if you were denied), etc.   This is the type of stuff you would want to mention in your written request.

 

Keep in mind that there's no appeals process, and there are really not many "rules" on how the criteria must be met---in other words, approval based on humanitarian reasons is almost entirely subjective and at the discretion of the person adjudicating.

 

 

 

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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