Death before i130 process

[sasha8384 7]

So my mother called me stating a friend of hers was to do the i130 process but her husband died right after signing the paperwork. Is there anyway to proceed or is this now a lost cause 

[aleful 1,905]

hi

 

was her husband a resident or US Citizen?

 

 

[Khallaf 649]

48 minutes ago, sasha8384 said:

So my mother called me stating a friend of hers was to do the i130 process but her husband died right after signing the paperwork. Is there anyway to proceed or is this now a lost cause 

please explain who the I-130 was for?

 

if for your mother, your friend can not do that for her.

 

if for your mother fried IE her husband lives in USA, and the wife who is your mothers friend does not and the husband has passed away, there is no way to continue the process, as the I-130 is for bringing families back together.

[aaron2020 11,651]

53 minutes ago, sasha8384 said:

So my mother called me stating a friend of hers was to do the i130 process but her husband died right after signing the paperwork. Is there anyway to proceed or is this now a lost cause 

It's not clear what you are trying to say. 

 

Did the husband file for his wife, your mother's friend?  Is the husband a US citizen?

[EandH0904 1,184]

23 minutes ago, Khallaf said:

and the wife who is your mothers friend does not and the husband has passed away, there is no way to continue the process, as the I-130 is for bringing families back together.

Or they could change it to an IW1 Visa if they qualify.  (Widow of a US citizen) 

https://www.uscis.gov/greencard/widower

 

"If you were married to a U.S. citizen who had filed Form I-130, Petition for Alien Relative for you before he or she died, you do not need to file anything. The Form I-130 will be automatically converted to a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.  If you have children (unmarried and under age 21), they may be included on the Form I-360 regardless of whether your deceased spouse had filed a petition for them."

Edited April 12, 2019 by EandH0904

[Dashinka 23,244]

1 minute ago, EandH0904 said:

Or they could change it to an IW1 Visa if they qualify.  (Widow of a US citizen) 

https://www.uscis.gov/greencard/widower

 

"If you were married to a U.S. citizen who had filed Form I-130, Petition for Alien Relative for you before he or she died, you do not need to file anything. The Form I-130 will be automatically converted to a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.  If you have children (unmarried and under age 21), they may be included on the Form I-360 regardless of whether your deceased spouse had filed a petition for them."

I was just about to post the same information.  Thanks!

[Khallaf 649]

1 minute ago, EandH0904 said:

Or they could change it to an IW1 Visa if they qualify.  (Widow of a US citizen) 

https://www.uscis.gov/greencard/widower

I wonder how hard that would be to prove, not to mention how many have tried and failed?

[sasha8384 7]

49 minutes ago, aleful said:

hi

 

was her husband a resident or US Citizen?

 

 

Citizen 

[Dashinka 23,244]

12 minutes ago, Khallaf said:

I wonder how hard that would be to prove, not to mention how many have tried and failed?

I guess it depends on if the wife has other family contacts and is able to get a copy of the death certificate prior to the I130 moving to the consulate phase.  Of course I am assuming she has a copy of the I130 package itself as well as the marriage certificate.

[EandH0904 1,184]

1 hour ago, Khallaf said:

I wonder how hard that would be to prove, not to mention how many have tried and failed?

Of course the US in general doesn't release statistics on denials (with a few exceptions) but in 2018 there were 384 IW1 visas issued 

Edited April 12, 2019 by EandH0904

[Mollie09 1,543]

There's a difference between signing and filing. Sounds like if he signed but didn't file, she might not be able to pursue a visa.

[sasha8384 7]

3 hours ago, Mollie09 said:

There's a difference between signing and filing. Sounds like if he signed but didn't file, she might not be able to pursue a visa.

Yes he signed but did not file. The 130 process did not start just the documents were done for her and her son. They haven t been married long but they knew each other for a long time 

[millefleur 5,035]

**Moved from IR-1 / CR-1 Spouse Visa Process & Procedures to Effects of Major Family Changes on Immigration Benefits**

[payxibka 10,044]

The filing date will be after the date of death.  Something that is difficult to overcome 

[Going through 5,668]

I don't see a way of continuing the process since the i-130 was never actually filed. 

 

If it had been filed before the petitioner's death, then it could have been converted to an i-360.