My Wife (Brazilian immigrant) died from Covid during AOS -- how do I withdraw the application?

[Mark11 36]

Dear Group,

I write with a very heavy heart.  My beloved wife came to the US on a K-1 visa in June 2020.  We married immediately and filed the whole I-485 packet including all the supporting forms and received the NOAs for all.  While waiting for the AOS interview, she died from covid and that has pretty much destroyed my life.  I called the USCIS hotline for advice on how best to withdraw the application, but they seemed very befuddled and recommended that I file form I-140 (which has nothing do with withdrawing a petition -- completely wrong) with the center that is handling my case.  They gave me an address based on my zip code, but I'm questioning if that's correct based on their recommendation of an incorrect form.

 

I just got notice yesterday that the AOS interview has been scheduled and a notice has been sent out.  Should I wait for this notice and then send a letter with a copy of the notice and death certificate to the address on the notice.  That seems to make the most sense.  Thank you for any advice.  Normally I would be able to figure this stuff out on my own (we got this far . . .), but my brain is very muddled these days.  My apologies.

 

Thank you,

Mark

[Adventine 3,187]

My condolences for your loss. That is heartbreaking. 

 

Your proposed solution makes sense but let's wait for more experienced posters to chime in.

 

Please take care of yourself.

[mushroomspore 3,043]

13 minutes ago, Mark11 said:

Dear Group,

I write with a very heavy heart.  My beloved wife came to the US on a K-1 visa in June 2020.  We married immediately and filed the whole I-485 packet including all the supporting forms and received the NOAs for all.  While waiting for the AOS interview, she died from covid and that has pretty much destroyed my life.  I called the USCIS hotline for advice on how best to withdraw the application, but they seemed very befuddled and recommended that I file form I-140 (which has nothing do with withdrawing a petition -- completely wrong) with the center that is handling my case.  They gave me an address based on my zip code, but I'm questioning if that's correct based on their recommendation of an incorrect form.

 

I just got notice yesterday that the AOS interview has been scheduled and a notice has been sent out.  Should I wait for this notice and then send a letter with a copy of the notice and death certificate to the address on the notice.  That seems to make the most sense.  Thank you for any advice.  Normally I would be able to figure this stuff out on my own (we got this far . . .), but my brain is very muddled these days.  My apologies.

 

Thank you,

Mark

Just wanted to chime in to express my deepest condolences. I'm so sorry. 😔 

[Lucky2Lucky 2,526]

I’m so sorry for your loss. I hope you have a little comfort that you guys were able to be together for a bit. ❤️❤️

[payxibka 10,044]

Other than peace of mind, there is nothing you need to do, as the termination of the application will take care of itself.  You have many other more important things to worry about. 

Edited March 2, 2021 by payxibka

[Mark11 36]

On 3/1/2021 at 6:35 PM, payxibka said:

Other than peace of mind, there is nothing you need to do, as the termination of the application will take care of itself.  You have many other more important things to worry about

@payxibka  Thank you for the advice, but USCIS has put in a lot a lot of time processing our application and it only feels fair to notify them that we cannot follow through.  I don't want to use more of their time when others are waiting to get their applications processed.  Though it is exceptionally painful for me to ask them to close our application.

 

To those who have offered condolences -- that means a lot to me -- thank you for your kindness.  Pretty tough when the love of your life makes it to the U.S. only to have her slip through your fingers.  What a world.  Sorry.  Just very depressed.

--Mark

Edited March 9, 2021 by TBoneTX

[payxibka 10,044]

1 minute ago, Mark11 said:

@payxibka  Thank you for the advice, but USCIS has put in a lot a lot of time processing our application and it only feels fair to notify them that we cannot follow through. 

They have very little invested time.  Worry about the important things.  This will take care of itself.

[JonSeattle 201]

Sorry to hear of your terrible loss. The lawyers over at avvo.com say just write a letter to withdraw the application and possibly include a copy of the I-797C.

 

https://www.avvo.com/legal-answers/how-to-withdraw-i-485-and-i-130-2325927.html

 

[CMJuilland 484]

I am so sorry for what you’ve been through.  My sincerest condolences...  I wish I could do more for you.

[Marieke H 2,310]

This is so sad, I am so sorry for your loss.

 

Contacting your local office once you have the interview notice makes sense; I'm they will be able to close the application. 

 

Please take care of yourself. 

[TiEy 69]

So so sorry about your loss. My sincerest condolences.

[Buckaroo 11]

My condolences Mark. So sorry to hear about your wife.

sincerely

Chris

[carmel34 3,531]

This is so heartbreaking....  so sorry for your loss, it must be very difficult so I'm sending virtual hugs.  Sending a letter to USCIS may help you with the grieving process, a sense of closure in a way.  This virus is so sad the way it ends lives, my husband is in Brazil right now visiting his family for the first time since he came to the US nearly two years ago on a CR-1 visa, so your post hits very close to home and makes me worry even more.  Cling to the memories, photos, good times you had together, it doesn't make sense but you found each other and made it work for a time.  Her family must be devastated as well.  Sympathy and condolences don't seem to be enough.  Take care of yourself, best wishes.

[JT4/25 38]

I am so very sorry for the  loss of your beautiful wife.  May she rest in peace.  

 

[Nicola and Jordan 668]

I am so sorry for your loss that is heartbreaking.