CR1 APPROVED-WAITING FOR CASE NUMBER BUT PETITIONER DIED

[Step29 15]

Hi Everyone,

 

Asking for a friend.. Their case currently waiting for a case number at nvc. unfortunately, her husband died. She is really depressed right now.

 

Now what will happen to her case?. can she still proceed for it? she said there is what so called as widow visa wherein your I-130 will be automatically converted to I-1360. 

 

Not sure how true it is.

 

Ty.

[Just Paul 4,591]

NVC will convert it to I-360.   Contact them and you will need a copy of the death certificate.

[Step29 15]

12 minutes ago, Paul & Mary said:

NVC will convert it to I-360.   Contact them and you will need a copy of the death certificate.

Her late husband is also below poverty  and they are needing for joint sponsor.  How can she proceed with regards for affidavit of support?

[designguy 1,179]

3 minutes ago, Step29 said:

Her late husband is also below poverty  and they are needing for joint sponsor.  How can she proceed with regards for affidavit of support?

I believe that the public charge rules will still apply. Does she work/is still of working age?

[Step29 15]

6 minutes ago, designguy said:

I believe that the public charge rules will still apply. Does she work/is still of working age?

She is working still in the Philippines. Only she is concern what is to be done now since his late partner cannot sign anymore the affidavit of support and difficult for her to find a joint sponsor.

 

She dont know what to do and wants to give up.

[designguy 1,179]

6 minutes ago, Step29 said:

She dont know what to do and wants to give up.

Based on this: https://www.uscis.gov/archive/archive-news/fact-sheet-uscis-process-applications-widowers-deceased-us-citizens (it does say this page is archived but didnt see any updates, maybe someone else know?). It seems like she may not need an affidavit of support.

 

However...

Does she have any friends or relatives in the US or any life set up in the US? Why would she want to move to a foreign country when the main reason she was moving is no longer there? As she will still have to overcome the public charge rules its going to be very difficult, in my opinion, for a CO to approve her visa if she has no ties to the US

Edited October 10, 2019 by designguy

[Just Paul 4,591]

30 minutes ago, Step29 said:

How can she proceed with regards for affidavit of support

AOS (I-864) is not done with an I-360 case.

[Step29 15]

3 minutes ago, Paul & Mary said:

AOS (I-864) is not done with an I-360 case.

The I-130 is already approved and since it will be converted to I-360 does it means it is considered as approved too?

[Step29 15]

18 minutes ago, designguy said:

Based on this: https://www.uscis.gov/archive/archive-news/fact-sheet-uscis-process-applications-widowers-deceased-us-citizens (it does say this page is archived but didnt see any updates, maybe someone else know?). It seems like she may not need an affidavit of support.

 

However...

Does she have any friends or relatives in the US or any life set up in the US? Why would she want to move to a foreign country when the main reason she was moving is no longer there? As she will still have to overcome the public charge rules its going to be very difficult, in my opinion, for a CO to approve her visa if she has no ties to the US

She is thinking weather to proceed or not since her case is already at nvc.. she dont know what to do at the moment.. maybe she will just get a greencard and then soon can establish her life in US. if it will be converted to I-360 maybe at this point she just need to prove her financial capacity since no more AOs(i-864) is required.

[Just Paul 4,591]

1 hour ago, Step29 said:

The I-130 is already approved and since it will be converted to I-360 does it means it is considered as approved too?

The petition must be converted to a widower I-360 and approved.

 

1 hour ago, Step29 said:

maybe she will just get a greencard and then soon can establish her life in US.

She would get a VISA.   She would not get a green card until she pays the immigrant fee and enters the US.

 

1 hour ago, Step29 said:

if it will be converted to I-360 maybe at this point she just need to prove her financial capacity since no more AOs(i-864) is required.

She still needs to prove to the CO that she would not become a public charge based on the totality of the circumstances.

 

You never mentioned the country?

[Step29 15]

32 minutes ago, Paul & Mary said:

The petition must be converted to a widower I-360 and approved.

 

She would get a VISA.   She would not get a green card until she pays the immigrant fee and enters the US.

 

She still needs to prove to the CO that she would not become a public charge based on the totality of the circumstances.

 

You never mentioned the country?

 

Thank you it is clear. She is from Philippines.. your information provided somehow shows a clear picture..Hoping she can overcome it and she will get a visa.

 

Thank you so much for your inputs..

[payxibka 10,044]

7 minutes ago, Step29 said:

 

Thank you it is clear. She is from Philippines.. your information provided somehow shows a clear picture..Hoping she can overcome it and she will get a visa.

 

Thank you so much for your inputs..

Does she have a support system in the USA?  How will she survive if she is alone?

[Step29 15]

6 minutes ago, payxibka said:

Does she have a support system in the USA?  How will she survive if she is alone?

Not sure about it. Only shes is worried if she is going to proceed and how since her case otw to nvc waiting for case number. She has job in the Philippines so maybe if she want to continue the process, then for sure she will find ways how she can have funds if she will decide moving to the states.

 

 

[Georgia16 2,858]

19 minutes ago, Step29 said:

Not sure about it. Only shes is worried if she is going to proceed and how since her case otw to nvc waiting for case number. She has job in the Philippines so maybe if she want to continue the process, then for sure she will find ways how she can have funds if she will decide moving to the states.

 

 

Was there no life insurance or anything left for her?

[Step29 15]

8 minutes ago, Georgia16 said:

Was there no life insurance or anything left for her?

That I am not sure coz they're just married less than a year and start the CR1 process and it so happen this to her badly. If she can proceed w/out the needing of affidavit of support, then maybe she will find ways how to start her life the states on her own.