B2 Visa 45days only Wife of deceased U. S. Citizen

[ana gamvoa 0]

Hello everyone. 

I am legally married to a u. s. citizen for 10 years. unfortunately he died last month and i was here in U. S. to facilitate his burial but under the B2 visa for only 45days. Can I apply for an extension or can I start applying as an immigrant here while I am in U. S. for 45days under B2 visa?  please any advice.. 

[Timona 4,207]

I believe there's a widow visa but 10 years married and you didn't apply for a GC? USCIS will be curious about this

[Bajinga 136]

Sorry about your loss. yes, you should apply for adjustment of status as a windower of a US citizen. I think you will need to file I-360 and I-1485, also I-131, I-765 if you want the AP and EAD. Be aware that you won't be able to travel outside the US till the AP is approved (takes around 8 to 12 months at the moment) and cannot work till the EAD is approved. B2 extension is possible but since you seem interested to be an immigrant I-360 route will be the only practical one for that.

[Family 4,027]

3 hours ago, ana gamvoa said:

can I start applying as an immigrant here while I am in U. S. for 45days

1. You can apply for I-360 ( widower) and I-485 ( adjustment of status / green card) ..at the same time while u are in the US…ASSUMING you have extensive proof of “ bonafide marriage “  up to the time of his dear….and you manage all of that BEFORE your 45 days ( or 180 days before you accrue ULP / unlawful presence). 
You do have to prove your marriage..with lots of evidence .THIS particular route is STRICT and unforgiving about working without EAD ( work permit) and periods of ULP …
 

2. Or you can apply for I-360/widow and follow consular process.. same proof .but continue to travel on your visitor visa. 
 

3. Has your husband EVER filed an I-130 for you before? 

[ana gamvoa 0]

3 hours ago, Family said:

1. You can apply for I-360 ( widower) and I-485 ( adjustment of status / green card) ..at the same time while u are in the US…ASSUMING you have extensive proof of “ bonafide marriage “  up to the time of his dear….and you manage all of that BEFORE your 45 days ( or 180 days before you accrue ULP / unlawful presence). 
You do have to prove your marriage..with lots of evidence .THIS particular route is STRICT and unforgiving about working without EAD ( work permit) and periods of ULP …
 

2. Or you can apply for I-360/widow and follow consular process.. same proof .but continue to travel on your visitor visa. 
 

3. Has your husband EVER filed an I-130 for you before? 

I know he did not because he dont have a stable job. 

I am here in the U. S. now.. but allowed to stay on 45days period only. 

[Redro 4,611]

Do you want to remain in the US permanently or do you want to extend your stay because you're settling the estate? 

[Family 4,027]

10 hours ago, ana gamvoa said:

Can I apply for an extension or can I start applying as an immigrant here while I am in U. S. for 45days under B2 visa

You can do either . 
Since your husband never filed I-130 for , did he live with in your country for the 10 years of marriage? 

 

 

 

[Chancy 6,241]

*** Moved from Tourist Visas to Effects of Major Family Changes forum, where similar topics are discussed ***

 

[ana gamvoa 0]

4 hours ago, Family said:

You can do either . 
Since your husband never filed I-130 for , did he live with in your country for the 10 years of marriage? 

 

 

 

he lives in u. s. while i am in the philippines. he comes to visit me and stay for a couple of months but lately he did not because he was terminated to his job. he was planning to go again but this covid hit him financially. 

[Rocio0010 5,579]

3 hours ago, ana gamvoa said:

he lives in u. s. while i am in the philippines. he comes to visit me and stay for a couple of months but lately he did not because he was terminated to his job. he was planning to go again but this covid hit him financially. 

With that situation, proving the bona fide of the relationship will be hard because they look at evidence of cohabitation.

[Family 4,027]

3 hours ago, ana gamvoa said:

but this covid

I am sure you have the Social Security Survivor benefits in the works ( and they will approve you)..no matter any immigration decision . 
But what you decide to do depends on your resources ( money to live) for a process that will TAKE a long time..before final. .. maybe 2 years…and your ability to get paper proof of when he lived w u in the Philippines , money he sent you , letters, …AND lots more. ..the wait time and what u need to prove is the same if u file from / and to stay here ( US) w I360/I 485 or consular w I 360. 

 

 

[ana gamvoa 0]

On 3/27/2022 at 7:31 AM, Kor2USA said:

Do you want to remain in the US permanently or do you want to extend your stay because you're settling the estate? 

as much as possible want to stay and finished all the papers for settling in the u. s. 

[seekingthetruth 1,248]

On 3/28/2022 at 6:37 AM, Family said:

I am sure you have the Social Security Survivor benefits in the works ( and they will approve you)..no matter any immigration decision . 

Please correct me if I am wrong, but I think she has to live in the U.S. for 5 years in order to collect Social Security on his account.  I'm fairly certain that is correct if the husband were alive, but I do not know for sure about a surviving foreign spouse.

[Family 4,027]

57 minutes ago, seekingthetruth said:

she has to live in the U.S. for 5 years

Thank you for pointing that out and the correction. You are not wrong . 

[ana gamvoa 0]

18 hours ago, ana gamvoa said:

as much as possible want to stay and finished all the papers for settling in the u. s. 

If I will stay permanently here in the US what should I do? Am I allowed to get a working permit here? 

By the way the Border stamp my passport til Sept 24 2022