Spouse Passed Away

[Olomi_811 130]

Greetings,

Hoping to get some advice. My friend reached out on behalf of her friend whose US brother passed away in a terrible accident.  The brother married on a K-9 and his wife is pregnant.  The US family is concerned that their daughter in love and unborn grandchild might have to leave the US. I believe the married couple were due to have an appointment with the consulate, but he passed prior.  

His grieving family would like to know what can they do to assist?

 

TIA

[milimelo 4,739]

You have some conflicting info in here so start again:

 

US citizen petitioner died in an accident.

His now wife (also now pregnant) came on K-1 visa and they married? They filed for AOS? 

Not sure what consulate has to do with any of this if the wife is in the US? 

 

She won't have to leave if the circumstances are as described above, she'll want to get a number of death certificates (for various things, including bank accounts, credit cards, and similar) and send it one to USCIS to convert her AOS petition to widow petition -form I-360.

 

USCIS link: https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-widower-of-a-us-citizen 

 

IF she's overseas and should be doing immigrant visa interview, she'll need the death certificate and request her petition be converted to widower petition - I-360.

[Boiler 47,487]

I have a K9 but she is a US Citizen

 

it does sound like she is in the US? 
 

in the circumstances she may need a lawyer to sort out both the immigration issues and the inheritance issues

[Ryan H 3,894]

Moved from K1 Progress Reports to Effects of Major Family Changes on Immigration Benefits forum.

[Olomi_811 130]

22 hours ago, milimelo said:

You have some conflicting info in here so start again:

 

US citizen petitioner died in an accident.

His now wife (also now pregnant) came on K-1 visa and they married? They filed for AOS? 

Not sure what consulate has to do with any of this if the wife is in the US? 

 

She won't have to leave if the circumstances are as described above, she'll want to get a number of death certificates (for various things, including bank accounts, credit cards, and similar) and send it one to USCIS to convert her AOS petition to widow petition -form I-360.

 

USCIS link: https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-widower-of-a-us-citizen 

 

IF she's overseas and should be doing immigrant visa interview, she'll need the death certificate and request her petition be converted to widower petition - I-360.

Thank you for the advice and believe me, I know it is confusing. Unfortunately, I don’t know anything beyond what was provided. I had additional questions myself, but my friend is the middle man and doesn’t know. 

[Olomi_811 130]

19 hours ago, Boiler said:

I have a K9 but she is a US Citizen

 

it does sound like she is in the US? 
 

in the circumstances she may need a lawyer to sort out both the immigration issues and the inheritance issues

Thank you. Yes, she’s in the US. 

[Boiler 47,487]

It sounds like it is solvable.

[Demise 1,442]

On 5/31/2025 at 5:20 AM, Olomi_811 said:

Greetings,

Hoping to get some advice. My friend reached out on behalf of her friend whose US brother passed away in a terrible accident.  The brother married on a K-9 and his wife is pregnant.  The US family is concerned that their daughter in love and unborn grandchild might have to leave the US. I believe the married couple were due to have an appointment with the consulate, but he passed prior.  

His grieving family would like to know what can they do to assist?

 

TIA

 

I think this needs some clean up. So I'll make some presumptions and you tell me if they're right. 

Lets just call the person who this is about (friend's brother's wife) "A".

 

A came here on a K-1 visa. 

A married her late husband.

They filed for AOS based on the K-1 and subsequent marriage.

They were about to have an interview with USCIS and tragedy struck and A's husband died. 

 

So, I don't believe that 204(l), which normally preserves immigration benefits in cases where the beneficiary is in US applies to K-1s. If it does please do correct me but I do recall a similar case here. But there is a way to work around it - file an I-360 as a widow of a US citizen. 

 

Then regarding the current I-485 it depends:

If it was already denied - file a new one concurrently with the I-360. 

Otherwise she can file a new I-485, or get a transfer to underlying basis from an I-129F to Widow(er) I-360. The exact specifics depend but generally if the interview is coming up - go to it, if she has the I-360 receipt notice bring it with her, if not then bring the husband's death certificate and let them know that she filed or is about to file I-360 and ask that they hold the I-485 in abeyance. If the interview already got postponed  - write to the office that has the I-485 (at this stage likely the local office), explain the situation, include a copy of I-360 receipt notice.  

 

Regarding what the US family can do is bankroll the forms and ideally a lawyer for her. But there are options at least. They won't need to sign an I-864 or anything, widow(er)s are exempt from that. 

 

 

 

 

 

[Olomi_811 130]

On 6/8/2025 at 11:00 AM, Demise said:

 

I think this needs some clean up. So I'll make some presumptions and you tell me if they're right. 

Lets just call the person who this is about (friend's brother's wife) "A".

 

A came here on a K-1 visa. 

A married her late husband.

They filed for AOS based on the K-1 and subsequent marriage.

They were about to have an interview with USCIS and tragedy struck and A's husband died. 

 

So, I don't believe that 204(l), which normally preserves immigration benefits in cases where the beneficiary is in US applies to K-1s. If it does please do correct me but I do recall a similar case here. But there is a way to work around it - file an I-360 as a widow of a US citizen. 

 

Then regarding the current I-485 it depends:

If it was already denied - file a new one concurrently with the I-360. 

Otherwise she can file a new I-485, or get a transfer to underlying basis from an I-129F to Widow(er) I-360. The exact specifics depend but generally if the interview is coming up - go to it, if she has the I-360 receipt notice bring it with her, if not then bring the husband's death certificate and let them know that she filed or is about to file I-360 and ask that they hold the I-485 in abeyance. If the interview already got postponed  - write to the office that has the I-485 (at this stage likely the local office), explain the situation, include a copy of I-360 receipt notice.  

 

Regarding what the US family can do is bankroll the forms and ideally a lawyer for her. But there are options at least. They won't need to sign an I-864 or anything, widow(er)s are exempt from that. 

 

 

 

 

 

 

On 6/8/2025 at 11:00 AM, Demise said:

 

I think this needs some clean up. So I'll make some presumptions and you tell me if they're right. 

Lets just call the person who this is about (friend's brother's wife) "A".

 

A came here on a K-1 visa. 

A married her late husband.

They filed for AOS based on the K-1 and subsequent marriage.

They were about to have an interview with USCIS and tragedy struck and A's husband died. 

 

So, I don't believe that 204(l), which normally preserves immigration benefits in cases where the beneficiary is in US applies to K-1s. If it does please do correct me but I do recall a similar case here. But there is a way to work around it - file an I-360 as a widow of a US citizen. 

 

Then regarding the current I-485 it depends:

If it was already denied - file a new one concurrently with the I-360. 

Otherwise she can file a new I-485, or get a transfer to underlying basis from an I-129F to Widow(er) I-360. The exact specifics depend but generally if the interview is coming up - go to it, if she has the I-360 receipt notice bring it with her, if not then bring the husband's death certificate and let them know that she filed or is about to file I-360 and ask that they hold the I-485 in abeyance. If the interview already got postponed  - write to the office that has the I-485 (at this stage likely the local office), explain the situation, include a copy of I-360 receipt notice.  

 

Regarding what the US family can do is bankroll the forms and ideally a lawyer for her. But there are options at least. They won't need to sign an I-864 or anything, widow(er)s are exempt from that. 

 

 

 

 

 

Thank you…I’ll pass the information along.