Widow after AOS

[OlesiaP 0]

Hi! I came to the USA on Fiance visa, got married, applied AOS but then husband died, I notified USCIS and they request a substitute sponsor from the relatives which I do not have. His family also can not help. How can I stay here legally? I read about widow petition. Who know more?

[SneakyPete 75]

I don't believe substitute I-864 form has to be from a relative. Anyone who can show sufficient income should be able to sponsor you. 

[Family 4,025]

The I-129 F petition your husband filed acts as the “ widow petition “ you heard about, so you are one step ahead. Your I-485 will also be kept open so your process can finish pretty quickly . 

You must go back to his family and persuade a qualifying member to act as your Substitute Sponsor, just as USCIS told you.

 

Is there a reason his family can not help? Are they worried you will be a burden? What did they say when you said you need help? 

 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-9

[powerpuff 6,727]

~~ Topoc moved from K1 forum to Effects of Major Family changes on Immigration benefits ~~

[Pinkrlion 2,724]

You can file I360 you will need your marriage certificate, his birth certificate, and his death certificate. 

[SalishSea 17,921]

11 hours ago, Family said:

The I-129 F petition your husband filed acts as the “ widow petition “ you heard about, so you are one step ahead. Your I-485 will also be kept open so your process can finish pretty quickly . 

You must go back to his family and persuade a qualifying member to act as your Substitute Sponsor, just as USCIS told you.

 

Is there a reason his family can not help? Are they worried you will be a burden? What did they say when you said you need help? 

 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-9

Widows cannot self-sponsor?

[manyfudge 291]

13 hours ago, Family said:

The I-129 F petition your husband filed acts as the “ widow petition “ you heard about, so you are one step ahead. Your I-485 will also be kept open so your process can finish pretty quickly . 

You must go back to his family and persuade a qualifying member to act as your Substitute Sponsor, just as USCIS told you.

 

Is there a reason his family can not help? Are they worried you will be a burden? What did they say when you said you need help? 

 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-9

@Family, given that OP cannot find a substitute sponsor, can’t OP file an i360 instead (and a new i-485)?

 

That gets them away from filing an i-864 and instead, file i864w themselves.

https://www.uscis.gov/sites/default/files/document/forms/i-864w.pdf

 

 

https://www.uscis.gov/sites/default/files/document/forms/i-864winstr.pdf

 

There you go, @OlesiaP

 

Edited August 3, 2023 by manyfudge

[Pinkrlion 2,724]

12 hours ago, SalishSea said:

Widows cannot self-sponsor?

They can file I864w

[Demise 1,295]

On 8/2/2023 at 10:15 PM, OlesiaP said:

Hi! I came to the USA on Fiance visa, got married, applied AOS but then husband died, I notified USCIS and they request a substitute sponsor from the relatives which I do not have. His family also can not help. How can I stay here legally? I read about widow petition. Who know more?

Well here's the thing, if you were petitioned on I-130, the death would automatically turn that into a widow I-360 and USCIS would at most want an I-864W from you.

But since you were petitioned as a fiance (i.e. on an I-129F) there's no real procedure for turning an I-129F into an I-360. Yes, K-1/2 visas are weird.

 

So you've got two options:

1. Find someone else to sign an I-864 for you, that can be any US Citizen or Permanent Resident over the age of 18 who makes enough to be at or above 125% of US Poverty Line. Got an uncle, friend, friend/relative of your late spouse, anyone? Ask them, worst they'll do is say no.

2. File I-360 as a widow, include a copy of your marriage certificate, proof of your late spouse's citizenship, and proof of death.

Then once you get the I-360 receipt notice, write to the service center that has your I-485 asking to transfer the underlying basis for adjustment from I-129F to I-360 and include copy of the I-360 receipt notice and form I-864W. If you have an interview coming up, go there, and give it those to them in person. If you don't have it yet, ask them to hold it for 30 days so you can get these.

 

For those that need it: Transfer of Underlying Basis

Since you're looking to switch from one category where any overstay issues aren't a factor to another, and both the I-129F and I-360 originate from the same person that got you the K-1 there'd be no issues with switching it over, provided it doesn't get denied by then.

Edited August 4, 2023 by Demise

[Family 4,025]

On 8/3/2023 at 12:39 PM, manyfudge said:

@Family, given that OP cannot find a substitute sponsor, can’t OP file an i360 instead (and a new i-485)?

 

That gets them away from filing an i-864 and instead, file i864w themselves.

https://www.uscis.gov/sites/default/files/document/forms/i-864w.pdf

 

 

https://www.uscis.gov/sites/default/files/document/forms/i-864winstr.pdf

 

There you go, @OlesiaP

 

I took the path of least resistance and getting a qualified family member to agree is fastest way to  status…as filing new I-485 /I-360 is risking USCS could balk at her status of new filing.
As @Demise points out , one could ask for a discrepancy hold on current I-485 .. but no standing to argue a denial..if discretion denied.