I-751 Filed & USC Spouse Died

[malenonimmigrant 10]

Hello,

I had filed my I-751 (Removal of Conditions) 7 months ago and still waiting on a decision. Unfortunately, my USC spouse recently passed away. Do I need to file a new petition? What is the procedure here?

[C90 376]

54 minutes ago, malenonimmigrant said:

Hello,

I had filed my I-751 (Removal of Conditions) 7 months ago and still waiting on a decision. Unfortunately, my USC spouse recently passed away. Do I need to file a new petition? What is the procedure here?

I'm sorry to read that your spouse passed away. You don't have to file a new petition. I found this in the I-751 instructions:

 

If you are filing as an individual due to the death of your spouse, submit a copy of the death certificate with your petition, along with evidence of the qualifying relationship.

 

So I think your best bet is to call USCIS to inform them and they'll tell you if you have to submit the death certificate right now or that you just have to present it at the interview. Since it's not a divorce, I think they don't need it till the interview but better safe then sorry.

[pushbrk 12,092]

1 hour ago, C90 said:

I'm sorry to read that your spouse passed away. You don't have to file a new petition. I found this in the I-751 instructions:

 

If you are filing as an individual due to the death of your spouse, submit a copy of the death certificate with your petition, along with evidence of the qualifying relationship.

 

So I think your best bet is to call USCIS to inform them and they'll tell you if you have to submit the death certificate right now or that you just have to present it at the interview. Since it's not a divorce, I think they don't need it till the interview but better safe then sorry.

Correct.  However, I would predict that submitting it at the interview will be just fine.

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.

[malenonimmigrant 10]

1 hour ago, pushbrk said:

Correct.  However, I would predict that submitting it at the interview will be just fine.

What if I don't have an interview and they mail me the 10-year green card? We already had the first interview where I was approved for a conditional green card. When it came time to remove conditions, I mailed a complete package with evidence of bonafide marriage to them 7 months ago. Now, my sponsoring USC passed away while I was waiting for the decision. Is it a matter of going to the local USCIS office and notifying them? Or do I just wait for the decision in the mail?

[pushbrk 12,092]

10 minutes ago, malenonimmigrant said:

What if I don't have an interview and they mail me the 10-year green card? We already had the first interview where I was approved for a conditional green card. When it came time to remove conditions, I mailed a complete package with evidence of bonafide marriage to them 7 months ago. Now, my sponsoring USC passed away while I was waiting for the decision. Is it a matter of going to the local USCIS office and notifying them? Or do I just wait for the decision in the mail?

Right, there is not likely to be an interview.  You applied to remove conditions based on the facts at the time.  No need to do anything at all, in my opinion.  There is no issue as to whether you qualify, unless you get an RFE, or ARE called for an interview.

[malenonimmigrant 10]

So I had sent my I-751 removal of conditions application package around a year and a half ago. Within my package, I had sent evidence covering 3 years of our marriage which included:

 

-Driver Licenses with same mailing addresses

-Auto Insurance with both husband and wife on it for past 3 years

-Bank Statements with random picked months documenting all 3 years with both names on account

-Tax Returns filed jointly for past 3 years

-Renter's Insurance for 3 years with both our names on it.

-Lease Agreement with both our names on it

-Photographs documenting our relationship for past 3 years, with plenty of pictures with her parents and family.

 

Waiting for a year and half, while my removal of conditions application was pending, my wife sadly passed away. My lawyer said let the application stay while the case is processing. Now after waiting for a year and a half, I finally got an alert email from USCIS that there's an update on my case, and they have mailed me an RFE today. God only knows what the RFE is all about. I felt I had shared as much evidence showing commingling of our finances as possible. Now I wait the dreaded letter and see what they want as more evidence. Meanwhile, I have moved on since my wife's passing a year ago. This is going to get interesting.

[Villanelle 4,121]

1 hour ago, malenonimmigrant said:

 

 

Waiting for a year and half, while my removal of conditions application was pending, my wife sadly passed away. My lawyer said let the application stay while the case is processing. Now after waiting for a year and a half, I finally got an alert email from USCIS that there's an update on my case, and they have mailed me an RFE today. God only knows what the RFE is all about. I felt I had shared as much evidence showing commingling of our finances as possible. Now I wait the dreaded letter and see what they want as more evidence. Meanwhile, I have moved on since my wife's passing a year ago. This is going to get interesting.

So sorry for your loss... Why would your attny advise you to just let the petition 'stay how it is' when your wife passed away??? USCIS can NOT approve your joint petition when your spouse is deceased. It needs to be changed to a waiver! If you didnt get an RFE (so be thankful you did) they could have potentially approved your joint ROC with no interview and then youd have a huge mess on your hands! When you get the RFE you need to respond to whatever they are asking about but also advise them it needs to be switched to a waiver.

[malenonimmigrant 10]

2 hours ago, Villanelle said:

So sorry for your loss... Why would your attny advise you to just let the petition 'stay how it is' when your wife passed away??? USCIS can NOT approve your joint petition when your spouse is deceased. It needs to be changed to a waiver! If you didnt get an RFE (so be thankful you did) they could have potentially approved your joint ROC with no interview and then youd have a huge mess on your hands! When you get the RFE you need to respond to whatever they are asking about but also advise them it needs to be switched to a waiver.

I think the reasoning was that I had already filed by I-751 before my wife passed away and was already in a long backlogged waiting period to where the lawyer said, lets just wait it out and hope they grant me my 10-yr card. If we had filed a waiver, it may have delayed my case even longer.

[Ryan H 3,790]

~~~Posts split from unrelated thread to existing thread.~~~

 

13 hours ago, malenonimmigrant said:

So I had sent my I-751 removal of conditions application package around a year and a half ago. Within my package, I had sent evidence covering 3 years of our marriage which included:

 

-Driver Licenses with same mailing addresses

-Auto Insurance with both husband and wife on it for past 3 years

-Bank Statements with random picked months documenting all 3 years with both names on account

-Tax Returns filed jointly for past 3 years

-Renter's Insurance for 3 years with both our names on it.

-Lease Agreement with both our names on it

-Photographs documenting our relationship for past 3 years, with plenty of pictures with her parents and family.

 

Waiting for a year and half, while my removal of conditions application was pending, my wife sadly passed away. My lawyer said let the application stay while the case is processing. Now after waiting for a year and a half, I finally got an alert email from USCIS that there's an update on my case, and they have mailed me an RFE today. God only knows what the RFE is all about. I felt I had shared as much evidence showing commingling of our finances as possible. Now I wait the dreaded letter and see what they want as more evidence. Meanwhile, I have moved on since my wife's passing a year ago. This is going to get interesting.

 

11 hours ago, Villanelle said:

So sorry for your loss... Why would your attny advise you to just let the petition 'stay how it is' when your wife passed away??? USCIS can NOT approve your joint petition when your spouse is deceased. It needs to be changed to a waiver! If you didnt get an RFE (so be thankful you did) they could have potentially approved your joint ROC with no interview and then youd have a huge mess on your hands! When you get the RFE you need to respond to whatever they are asking about but also advise them it needs to be switched to a waiver.

 

9 hours ago, malenonimmigrant said:

I think the reasoning was that I had already filed by I-751 before my wife passed away and was already in a long backlogged waiting period to where the lawyer said, lets just wait it out and hope they grant me my 10-yr card. If we had filed a waiver, it may have delayed my case even longer.