I-751 Widow Waiver Denied After Interview. Help needed. Thanks

[WagnerM77 2]

Hi everyone,

 

I’m looking for advice regarding an I-751 widow waiver denial after interview, and I would really appreciate insight from anyone with similar experience.

 

Background:

 

• Married: March 2022 (New York)
• Spouse passed away: July 2023
• I-130 and I-485 were approved (conditional residency granted)
• We lived together and had typical bona fide marriage evidence (joint lease, joint bank account, utility bills, IDs at same address, photos, affidavits, joint taxes for 2022, etc.)
• The only reason the marriage ended was my spouse’s passing

 

 

Main Issue:

 

• The original death certificate incorrectly listed my spouse as “single / never married”
• This error was not made by me (it was handled by a relative/funeral home at the time)
• I later went through the official amendment process
• The death certificate was corrected to reflect that she was married and that I am the surviving spouse
• I submitted the amended/corrected death certificate to USCIS

 

 

Interview:

 

• Officer asked about my spouse’s passing and the funeral
• I explained everything truthfully
• No questions were asked about the amended death certificate
• The officer seemed concerned that I did not personally organize the funeral , and was also concerned that this is rare case (death of spouse I751 and he would ask multiple supervisors to help decide this.

 

 

Denial:

 

• Case was denied shortly after interview
• The decision primary reason states that death certificate states Single/never married. (Which was amended oficially and I only submitted amended copy - amendment info on 2nd page , and I think they might have missed it)
• It does not seem to meaningfully address the amended/corrected version

 

 

My concern:

It feels like the amended death certificate was either overlooked or not properly considered.

 

Questions:

 

1. Would a Motion to Reopen/Reconsider (I-290B) be the strongest path in a situation like this?
2. Is refiling a new I-751 (widow waiver again) a viable strategy after denial?
3. Should I wait for immigration court and present the corrected evidence there instead?
4. Has anyone experienced USCIS ignoring or not addressing amended death certificate documents?
5. Any recommendations for attorneys experienced specifically with I-751 widow waiver denials? (Death of spouse)

 

I’m trying to understand the best strategic step forward and avoid making a mistake at this stage.

 

Thank you in advance for any guidance.

[TBoneTX 49,516]

Welcome to the forum!

 

Others will be along to add input (response is typically lighter on weekends).

 

It would seem prudent to collect statements from the relative/funeral home concerning the wrong answer.

In addition, collect any court or administrative records that support the amendment of the certificate.

It might also be well worth it to consult an attorney, probably an immigration attorney.

 

The above are my gut reactions.  I defer to others who may have specific advice that differs.

[pushbrk 14,426]

17 minutes ago, TBoneTX said:

Welcome to the forum!

 

Others will be along to add input (response is typically lighter on weekends).

 

It would seem prudent to collect statements from the relative/funeral home concerning the wrong answer.

In addition, collect any court or administrative records that support the amendment of the certificate.

It might also be well worth it to consult an attorney, probably an immigration attorney.

 

The above are my gut reactions.  I defer to others who may have specific advice that differs.

Those are good ideas, but this is attorney time, in my opinion.  I don't have a specific recommendation but others might.

[Edward and Jaycel 2,558]

Due to the gravity of a denied I-751 (USCIS no longer considers you a Lawful Permanent Resident) I would highly recommend that you consult a reputable immigration attorney. Preferably one who is a member of AILA.

[Crazy Cat 46,396]

15 hours ago, WagnerM77 said:

I’m trying to understand the best strategic step forward and avoid making a mistake at this stage.

I am sorry for your loss.  Get an attorney asap.  I think a motion to re-consider and strong evidence will be successful.  This decision seems extremely odd, as there have been cases where the US spouse died before the I-751 was processed.  There are few similar cases here on VJ.  Good luck.  Keep us updated.

Edited 4 hours ago by Crazy Cat

[WagnerM77 2]

Thank you, I really appreciate it.

I also found the decision unusual, especially given that widow waiver cases are clearly allowed even if the spouse passes before or during the I-751 process.

In my situation, it seems the issue was specifically tied to the error on the death certificate, even though it was officially amended and the corrected version was submitted. I also consider that they might missed that amendment was approved by government department of health and during the process they sent to funeral informant 30 day notice and there was no objection and I was approved. So I did not focus on explaining that part to the officer - And I think he just showed this case to supervisor and supervisor asked is death certificate states single - yes - and denied without looking into amendment page. 

I’m currently leaning toward filing a motion to reopen/reconsider with a detailed explanation and supporting documentation, and I’m actively looking for an attorney experienced in these types of cases. But its hard to search for lawyers who had experience with spouse passed away cases.  

I’ll definitely keep the thread updated — hoping this can also help others in a similar situation.