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malenonimmigrant

I-751 Filed & USC Spouse Died

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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?


10/1/2011 - OPT to H1b

11/5/2015 - Got married to wife (USC)

03/7/2016 - AOS package receipt

04/6/2016 - Biometrics completed

07/6/2016 - EAD card received

9/17/2016 - Notice of interview at USCIS San Francisco office received

10/20/2016 - Date of AOS interview CR1 at USCIS San Francisco office

10/26/2016 - Conditional Green Card Received

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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.

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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.


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


Our journey:

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September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
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February 11, 2011: Registered for marriage in Wuhan, officially married!!!
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April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
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September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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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?


10/1/2011 - OPT to H1b

11/5/2015 - Got married to wife (USC)

03/7/2016 - AOS package receipt

04/6/2016 - Biometrics completed

07/6/2016 - EAD card received

9/17/2016 - Notice of interview at USCIS San Francisco office received

10/20/2016 - Date of AOS interview CR1 at USCIS San Francisco office

10/26/2016 - Conditional Green Card Received

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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.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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