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.
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.