WagnerM77

@mindthegap Sharing positive update! After my I-751 denial, I consulted a very strong immigration attorney. From the first conversation, he recommended filing a brand-new, fresh I-751 instead of going with an I-290B, with the goal of putting a stronger case back in front of USCIS as quickly as possible and trying to avoid the NTA route. We refiled the new I-751 with more evidence, more detail, and a stronger explanation of the issues. It was sent within 30 days of the denial. So far, USCIS has already: accepted the new filing, issued a receipt notice with the 48-month extension language, and scheduled biometrics. I know nothing is guaranteed yet, and I am not claiming victory, but after the shock of the denial, this at least gave me some room to breathe and time to think more clearly before USCIS makes another decision. Also, as of now, about 45 days have passed since the denial and I still have not received an NTA. The new I-751 is now in process, so I am hoping that remains the case. Thank you to everyone here who gave advice during a very difficult time. It really helped. One short question as well: in a situation like this, would you feel comfortable traveling internationally with the new I-751 receipt notice + expired 2-year green card, or would you avoid travel because of the risk that another denial or an NTA could arrive while outside the U.S.?

@mindthegap Thank you for your detailed response, I really appreciate you taking the time and I see the legend about your expertise is true. I’ve actually spoken with several strong immigration attorneys and decided to move forward with one of the top ones, who recommended a very similar strategy to what you described (filing a fresh I-751 with additional explanation/ evidence regarding Death Certificate , rather than relying on an I-290B). To be honest, I don’t feel confident pursuing the I-290B route. Emotionally and realistically, it seems difficult to expect the same officers to reconsider their own decision, especially given how the original evidence was handled. Since then, I’ve also obtained additional documentation directly from the Department of Health confirming how amended death certificates are structured under state law, along with proof of the amendment process itself. This gives me stronger explanatory evidence than what was previously submitted. I will possibly send I751 with an attorney who can represent me in immigration court if needed, since the NTA route still seems like a real risk in today’s environment. I wanted to ask your opinion on a couple of things: In your experience, does filing a new I-751 meaningfully reduce or delay the likelihood of an NTA being issued nowadays? When filing a new I-751 after a denial, do you recommend including the prior denial notice and addressing it directly, or treating it more as a clean submission with improved explanation? From a technical standpoint, since this isn’t a standard 90-day filing situation, have you seen USCIS process these re-filings normally, or are there specific pitfalls to be aware of? Appreciate your insight, Thank you!

@mindthegap Any advices here? Thank you!

@rbv_shard Thank you for good point, The problem in our case was that her passing away was sudden and not expected at the age of 26 by heart attack. We had one year and a half marriage by then. We had shared home, bills, joint taxes and financial history, pictures from marriage, affidavits from friends who attended our marriage ceremony and also wedding party. Regarding the mistake that was made during submitting to funeral house, It is hard to say who made the mistake - when I first requested her certificate and it was stating single/never married, right away I requested amendment, and they have 30 days notice to funeral home/informant if they have any objection, and I got approved after. And honestly did not dig a lot into it, because the state vital health department resolved it. Our marriage was public and her family of course was aware, but during her passing away everybody was in shock so mistakes happen. As for beneficiary designations on life insurance or retirement assets, we simply did not have those in place yet. She was only 26, and our marriage was cut short unexpectedly before we reached that stage of long-term planning. Now I think, if they missed the amendment part - Because the document itself is tricky, it has first page - which states single and the second page with corrected information. Also officer only went trough this document, and funeral - because all other evidence was strong - also had RFE before for more evidence which I answered and there was no mention of death certificate back then too from Vermont (who handles widow cases well) The officer also told us that it was first time for him to have case like this and he was confused and has to consult with Supervisors. - So I think maybe he missed amendment part.

Looking for attorney recommendations for a very specific immigration issue: Denied I-751 widow waiver after interview, with USCIS apparently relying on an incorrect death certificate issue. My spouse’s original death certificate incorrectly listed her as single / never married. That was later officially amended, and the corrected death certificate was submitted to USCIS before the denial. But the denial still seems to rely on the incorrect version. I’m looking for lawyers who have real experience with: - I-751 widow/deceased spouse waivers - I-751 denials - I-290B motions - I-751 Resubmit Strategy - death certificate amendment / civil record inconsistency issues If anyone knows an attorney who has handled something similar, please share the name and why you recommend them. Thank you.

@mindthegap your advice would be highly appreciated. thank you in advance!

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: Would a Motion to Reopen/Reconsider (I-290B) be the strongest path in a situation like this? Is refiling a new I-751 (widow waiver again) a viable strategy after denial? Should I wait for immigration court and present the corrected evidence there instead? Has anyone experienced USCIS ignoring or not addressing amended death certificate documents? 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.