AOS when spouse has deceased after application

[CaptainJim63 0]

Hi there folks. Am helping my sister-in-law and recently her Husband died at the end of August, unexpectedly of course. She applied for her 10-year green card earlier this year and the government website says the status of her case is that biometrics were received in April. Sort of remember reading on here that the AOS has to be refiled if the American citizen sponsor spouse deceased after the AOS was filed?

 

We did a change of address already, form AR-11. Is she going to have a problem receiving her new green card because she changed her address? Sort of remember that being a problem too. We tried to keep the same address as long as we could but we wanted to get it changed for fear of possible deportation. Originally, they said she should receive her 10-year green card before December.

 

My sister-in-law has money in the bank and has a place to stay with us. She is gainfully employed and is a hard worker. Think that she would be able to stay here in the U.S. but am not sure if we need to refile anything.

 

Thanks to all those that help so much on this website. My wife is currently a 10-year green card holder, and we couldn't have done all our filings without the great help on Visa Journey. Thank You. Jim

 

Please can a moderator move this to "Removing Conditions on Residency General Discussion"

Edited October 9, 2022 by CaptainJim63
posted in wrong topic

[Timona 4,207]

She's not getting deported. She needs to relax.

 

She needs to update her ROC and send in an updated I-751 with widow option checked. In it, she needs to supply the death certificate too.

 

Part 3, 1C of I-751.

 

Send it in ASAP.

 

And attach the receipt number of her current I-751 so that USCIS matches the file.

[Mike E 11,741]

44 minutes ago, Timona said:

 

Send it in ASAP.

My condolences on OP’s loss.  
 

ASAP means now.  Not Monday. 

[powerpuff 6,734]

~~ Topic moved from AOS K1 forum to Effects of Major Family Changes on immigration benefits ~~

[CaptainJim63 0]

Thanks Timona, we appreciate your help. The death certificate would attach to the rear of the updated i-751? Guessing we should send an original also? And the receipt number for her current i-751 be attached to the front? will read the directions again just trying to get a jump on this.

 

Mike thanks for your condolences but its Sunday and the mail doesn't run today. Are you suggesting filing electronically?

[Rocio0010 5,579]

25 minutes ago, CaptainJim63 said:

Thanks Timona, we appreciate your help. The death certificate would attach to the rear of the updated i-751? Guessing we should send an original also? And the receipt number for her current i-751 be attached to the front? will read the directions again just trying to get a jump on this.

 

Mike thanks for your condolences but its Sunday and the mail doesn't run today. Are you suggesting filing electronically?

FedEx is open today.

Do not send originals. Send copies. Just have her fill up form 751 again, mark the option as “widow”, write a short letter explaining that spouse passed away on xxx day, and that you are submitting a new 751 with the death certificate. Include also the case number. 
 

No, you can’t file electronically. That’s not an option for 751.

why do you think she’d be deported?

[CaptainJim63 0]

Was'nt too worried about her being deported. On immigration.gov though it does say its possible if you do not notify of address change immediately. Thats all.

 

Thanks for the tip on FedEx, forgot about them.

 

Appreciate all the help. Its been a long time since my wife got her appoved ROC. Now that her sister is widowed, am trying to help her out best I can.

 

Whenever I meet anyone going through the visa process, always tell them to check out VisaJourney.com.

 

To reiterate. We need a cover letter. Updated I-751, copy of death certificate, Copy of I-751 Reciept Letter, and possibly a copy of the AR-11 that was filed. Should it be assembled in that order?

 

 

[TBoneTX 45,540]

The cover letter goes on top, and they'll find the rest.

[JeanneAdil 6,561]

1. fed ex is the best choice as USPS will be closed for Columbus Day Monday the 10th
2. and fed ex gives u a receipt 
3. fed ex does not take Columbus day off