junebride

hello to all my fellow vj,

please help me with my case now cause im confused if what should i do first. Cause im already a widow and after a month when my husband passed away i track our case and it say that they approve our I-130 petition so thats noa2 right. so now my concern is what happen now to my petition? as i know theirs a new law now for widows petition sign by obama. where should i go first to our lawyer who hold our paper work thats our lawyer when my husband still alive? or should i directly call the USCIS to inform them my case?

please help me for those someone here who know about this matter and those who have experience like my situation now. thanks a lot and More power..

hello,

i need some information. This regarding about the life insurance of my husband. He passed away already last nov. 7 2009. As i know im one of his beneficiary but i just wonder if how i can claim it ?cause im still here in philippines.Is the life insurance company will be the one to contact me if theirs a papers need to be sign of me? by the help of US embassy Manila? Its happen the tragedy while our Cr1 processing still going on so im still stuck here in my country.My mother in law is the one now working with it as of now we still waiting for the death certificate to be release,

Please help with this matter. Thank you and More power..

thank you so much for enlightened my mind regarding my case, now i have idea already.

Hello my fellow vjiers,

I just want to ask cause im wondering if what happens already to my processing of CR1 visa. isnt it still valid even thou your petitioner was already died ? even i have already the NOA1. I can still go to US? cause its been 4months since we filed my petition and until now i didnt get yet any feedback from our lawyer who work with our papers.

Please help me. God bless

I hope and pray that you find the strength to endure the journey without your husband. My thoughts are with you. May he rest in peace.

thank you so much pinay wife. yes i will cause i dont have no choice im trying to be strong and continue living without him eventhou its hurt

I'm sorry for your loss (F)

I am interested to know if you did try to apply for tourist visa for humanitarian reasons with the US Embassy to see your husband for the last time.

thanks. I called the lawyer who hold our papers in our CR1 processing and he told me he already talked to my mother-in-law ,he said they are trying to find way to my papers to be fast and can attend the funeral service by next year of MAY by spring or summer time. Because for now my husband ash was place at her mom house.Probably thats the only way i can come to US just for the last time i can show my presence.

For now my mother in law doesnt focus yet with my papers because he still sort out all things my husband left like with his all assest.

thanks for all the response. It help me so much this all information. We just married less than a year and unfortunately we dont have yet any children. Im just thinking maybe im not able to get SSA benefits of widow as survival benefits cause from what the written above im not qualified because my age im not yet reach on that age level nor have a disable or child.

hello,

I just want to ask here if someone who knows and have case like me. My concern is my husband passed away already,we got married here in the phil. and unfortunately im still here in the phil. waiting for the processing of our CR1 but while we are on going of our papers he passed away in US he was a american.he died at age of 45 due to heart attack.he had a social security number. I just want to know if im able to get a pension which is the survival benefits of my husband from his SSA?because he is just 45. Is there any survival benefits/pension i can get for me as the widow? Hope someone here can advise me and help what should i do and Give some information.

Thanks too all vjiers

Non US citizen spouse widows typically quality for 50% value Social Secuirity survival benefits paid monthly. If he never made a Last Will and Testimament "A Will", Typically his assets first go to his spouse, if no spouse - then split between his children (who if under 18 also may me entitled to Social Secuiity survival benefits also ), then to his parents, then the rest to his estate as determined by the court.

Any insurance policies not in your name as beneficiary, you "may" have a claim to as well, even if he never changed over the beneficiary name over to you. He may also have a personal life insurance policy and maybe also through his job and/or union, and his bank.

You need a good lawyer in the USA to look after your rights and retrieve due benefits as his surviving spouse. The US Embassy, Manila may be one of your fisrt phone calls to make. Look on ILW.com for a list of lawyers in the Wisconsin or Chicago area or another route would be any USA attorney who speaks Filipino. The attorney needs not to be in the city where he lived.

Being a new marriage interrupted by tragedy, you should at minimum beable to receive survivor benefits from his Social Secirity. His family in Wisconsin also has incurred losses of the heart and also expensive financial costs over the passing of their loved one. They will need to pay his bills from his estate funds, and bank accounts.

I am sorry for your loss and disappointment.

NM

thanks a lot. This all information is very helpful to me

just to quick question. i just to know what my rights as filipina wife of US citizen .my husband was already died 2 days from now. what are my option and rights?

What stage of the visa process are you? Did you do St. Lukes medical and the embassy interview yet?

Do you have the visa?

no not yet we still have the NOA1 and for now were waiting for the NOA2

Im really sorry for your lost! I hope I can help in someway. Our Condolence for you...

A question are your husband is a veteran?

no actualy he still 45 of age. still working at the company as contractor about more than 1 year already.

just to quick question. i just to know what my rights as filipina wife of US citizen .my husband was already died 2 days from now. what are my option and rights?

I hope this infos would help you. I'm so sorry again for this sad, devastating news.

"http://georgetown.usembassy.gov/guyana/ac_10192006.html"

Ask the Consul

Death of a Petitioner or Principal Applicant

October 19, 2006

Q: Am I still eligible for immigration if the original petitioner has died?

A:Typically, when the visa petitioner dies, the approved I-130 petition originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a “substitute sponsor”.

Reinstatement for the petition

"In order for the reinstatement to be considered, the following documents must be provided:

The request for reinstatement must be in writing by the beneficiary of the original petition or

substitute sponsor if the beneficiary is a minor child.

- Provide as much available documentation to identify and document the humanitarian reason for reinstatement. Such documentation may include, but is not limited to:

a. Evidence of a long-time residence and any equity in the U.S.

b. Evidence of relationship to other family members with evidence of their immigration status in the U.S.

c. Evidence of health-related factors that would establish the need for the reinstatement of the petition.

d. Evidence of current political or religious conditions in the beneficiary’s country of origin that would indicate that the beneficiary would suffer if not permitted to immigrate to the U.S.

Please note: Economic depression, as is found in many regions of the world, is not considered to be an example of a harsh result contrary to the goal of family reunification unless it is of such an extreme nature as to possibly cause physical harm to the beneficiary.

- The new sponsor is required to submit an original Form I-864, Affidavit of Support, to show that he or she has adequate means of financial support and that the beneficiary of the petition is not likely to become a public charge.

a. The substitute sponsor must complete the Form I-864, Affidavit of Support.

b. The Form I-864 must contain an original signature of the sponsor.

c. The new sponsor must be an immediate family member or a legal guardian of the

beneficiary, such as a spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild child at least 18 years of age.

d. Submit evidence that will establish the new sponsor’s immigration status or U.S. citizenship.

Other documentation;

a. The petitioner’s death certificate.

b. The initial approval notice.

c. Any correspondence received from the Department of State or the National Visa Center.

d. Evidence of the relationship between the new sponsor and the beneficiary.

- If the death certificate submitted indicates that the lawful permanent resident (LPR) petitioner

died while outside of the United States, you must establish that it was not the intent of the petitioner to abandon his or her LPR status. See Matter of Abdoulin, 17 I & N Dec. 458 (BIA 1980) and Matter of Abdelhadi, 15 I & N Dec. 383 (BIA 1975).

Such evidence may include but is not limited to:

- Evidence of a plan for a return to the United States,

- Evidence of an un-relinquished domicile in the United States, or

- Evidence of continued ties to the United States.

If it is determined that a request for reinstatement does not meet the statutory and regulatory requirements, any subsequent request will require the filing of a formal motion for reconsideration accompanied by the appropriate motion fee.

Make sure to consult an experienced immigration attorney about your options in such cases."

Source: http://www.visalawyerblog.com/2009/09/deat...er_visa_sp.html

thank you so much for your help. yah this is really helpful info. i will inform his mom about this or the lawyer we hired for our processing in my CR1 to have another option

I hope this infos would help you. I'm so sorry again for this sad, devastating news.

"http://georgetown.usembassy.gov/guyana/ac_10192006.html"

Ask the Consul

Death of a Petitioner or Principal Applicant

October 19, 2006

Q: Am I still eligible for immigration if the original petitioner has died?

A:Typically, when the visa petitioner dies, the approved I-130 petition originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a “substitute sponsor”.

Reinstatement for the petition

"In order for the reinstatement to be considered, the following documents must be provided:

The request for reinstatement must be in writing by the beneficiary of the original petition or

substitute sponsor if the beneficiary is a minor child.

- Provide as much available documentation to identify and document the humanitarian reason for reinstatement. Such documentation may include, but is not limited to:

a. Evidence of a long-time residence and any equity in the U.S.

b. Evidence of relationship to other family members with evidence of their immigration status in the U.S.

c. Evidence of health-related factors that would establish the need for the reinstatement of the petition.

d. Evidence of current political or religious conditions in the beneficiary’s country of origin that would indicate that the beneficiary would suffer if not permitted to immigrate to the U.S.

Please note: Economic depression, as is found in many regions of the world, is not considered to be an example of a harsh result contrary to the goal of family reunification unless it is of such an extreme nature as to possibly cause physical harm to the beneficiary.

- The new sponsor is required to submit an original Form I-864, Affidavit of Support, to show that he or she has adequate means of financial support and that the beneficiary of the petition is not likely to become a public charge.

a. The substitute sponsor must complete the Form I-864, Affidavit of Support.

b. The Form I-864 must contain an original signature of the sponsor.

c. The new sponsor must be an immediate family member or a legal guardian of the

beneficiary, such as a spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild child at least 18 years of age.

d. Submit evidence that will establish the new sponsor’s immigration status or U.S. citizenship.

Other documentation;

a. The petitioner’s death certificate.

b. The initial approval notice.

c. Any correspondence received from the Department of State or the National Visa Center.

d. Evidence of the relationship between the new sponsor and the beneficiary.

- If the death certificate submitted indicates that the lawful permanent resident (LPR) petitioner

died while outside of the United States, you must establish that it was not the intent of the petitioner to abandon his or her LPR status. See Matter of Abdoulin, 17 I & N Dec. 458 (BIA 1980) and Matter of Abdelhadi, 15 I & N Dec. 383 (BIA 1975).

Such evidence may include but is not limited to:

- Evidence of a plan for a return to the United States,

- Evidence of an un-relinquished domicile in the United States, or

- Evidence of continued ties to the United States.

If it is determined that a request for reinstatement does not meet the statutory and regulatory requirements, any subsequent request will require the filing of a formal motion for reconsideration accompanied by the appropriate motion fee.

Make sure to consult an experienced immigration attorney about your options in such cases."

Source: http://www.visalawyerblog.com/2009/09/deat...er_visa_sp.html

thank you so much for your help. yah this is really helpful info. i will inform his mom about this or the lawyer we hired for our processing in my CR1 to have another option

are you sure? i live near COLUMBIA, MD..

im very sorry....

yah he is maryland in green meadow drive

President Obama just signed to end the existing law "Widows Penalty". This will allow the spouses of a US Citizen to stay in the US when the wife/husband dies. I know you are in the Philippines but just find a good lawyer and tell him/her about your situation. I am certain that they can do something about it especially because you married to him. Goodluck and God Bless.

I am very sorry for what happened. But last week, I have watched from the news that there is a new law regarding widows of americans called "Widows Penalty". I will try to find it and hoping it can help you.

thanks a lot. yah this can help me and i hope our lawyer who do our paperwork can find ways or option to come there in US just for the last time to see my husband.

guys my fellow vj, im so sad here and i cant believe my husband was already died he was find out not reponsive inside the apartment by his bestfriend due to cardiac arrest and i want to come there in US just for the last time to see him. i dont know what to do here cause our papers is still under processing.please help me to find ways what other possible way..thanks a lot..until now i cant believe this and still in shock

I am so sorry to hear that.. be strong. I know God will find you a way how you can go to US to see your husband for the last time. Talk to his bestfriend, I know he can help you. Try to call NVC and ask them what way you can go to US and explain the reason.

yes i will. for now they are busy for the autopsy. just this early morning found out. yah the wife of his bestfriend ask me if whose person do our paperworks i already tell them its under the law office of michael solomon. thanks

guys my fellow vj, im so sad here and i cant believe my husband was already died he was find out not reponsive inside the apartment by his bestfriend due to cardiac arrest and i want to come there in US just for the last time to see him. i dont know what to do here cause our papers is still under processing.please help me to find ways what other possible way..thanks a lot..until now i cant believe this and still in shock

personal attacks won't be tolerated. your post has been made invisible. let's not have a repeat performance.

guys my fellow vj, im so sad here and i cant believe my husband was already died he was find out not reponsive inside the apartment by his bestfriend due to cardiac arrest and i want to come there in US just for the last time to see him. i dont know what to do here cause our papers is still under processing.please help me to find ways what other possible way..thanks a lot..until now i cant believe this and still in shock

posting that again just results in me making it invisible again. don't post it again.

thanks charles. and thank you so much guys who help me and post advices to me. AT this moment im still very worried and i didnt yet heard any from my husband

I have a question:

Why would you not have contact with your husband's family, friends & co-workers?

My wife has phone numbers for many of my family, some of my friends, and my employer. She also has e-mail ym and facebook contact with many of them and some dive buddys.

yah its because of my compliance and to have a case like this. but thanks to god through google i found contact number of his bestfriend and i call them they didnt heard also from my husband. i hope my husband will contact me soon. yah next time i will ask all contact number of his family and close freinds in case like this.

if you know the full name of his parents you can search them at whitepage.com to get their home phone number.

thank you. yah i know the complete name of his mother. thanks for the info i will search it hopefully i can find contact number of them

please help me cause im very worried here. i didnt heard any from my husband since yesterday here. i call his landline and mobile phone but it just ring always no answer. we usualy chat at 9am phil. time but until now he is not online. we dont have any problem if we have problem he will open it up to me. i dont have any contact number of his friends or family just him. i dont know with the connection or sonethings. help me i dont know what other way i can contact him. need some advice. thanks . he live in columbia,maryland

it happened to me before to when i was still in pi...my husband always text me and we always talk online too...after his text in the morning he never text me after that so i kept calling his phone and text him but nobody answered...good thing after 6 pm i received a text from him and he told me something happened to him.

same with you i never had any contact number from his family co he doesnt have anymore and i didnt have number from his friends or co-workers...so that time i didnt really know what to do but just to keep on calling and texting him.

hope he will contact you soon.

God bless.

yah were the same its been more than 24hrs, i didnt heard from him i keep calling until now but no answer still. i already call his bestfriend numbet thanks to google cause the contact number was there and still they dont have heard from my husband. hope he will contact me soon. i always pray to god that evrything will be ok.

Do you know where he is working? try to search the number of his company where he works. Or try to call the nearest Police Station in Columbia, Maryland where he lives.

thanks so much. yah i will. i will try to contact his company and maybe call a police station at his place.

You should at least have contact number or email of his parents or sisters or brothers, or whoever really close to him.

LoL. If within 24 hours, I didn't have messages or calls from my husband or I can't reach him at all when I was still in the Philippines, I'm gonna really get mad at him, and I started calling his parents.

yah its been a 24 hrs. i didnt hear from him i keep calling but no answer and he is not online too. sad to know i dont have any contact number too from his friends and parents just contact number from him. i dont know what to do here im very worried here now.hope everything is ok. thanks for your message

well just a thought, that we did have time change here and he may not expect to contact u for another hour,

thank you for the response. yah i hope so he will contact me soon

What kind of help do you need? Your husband? hmm you don't have other contact numbers for him in U.S? That's kinda odd but maybe he is just busy, text his cell and make sure you get receipt saying that it's delivered then you can only wait. If you reach him ask his neighbors, parents and good friends phone numbers next time, you don't need to worry.

please help me cause im very worried here. i didnt heard any from my husband since yesterday here. i call his landline and mobile phone but it just ring always no answer. we usualy chat at 9am phil. time but until now he is not online. we dont have any problem if we have problem he will open it up to me. i dont have any contact number of his friends or family just him. i dont know with the connection or sonethings. help me i dont know what other way i can contact him. need some advice. thanks . he live in columbia,maryland

thanks. yes i did already i send him a message to his mobile phone. but i just wonder just now it happen that i didnt heard from him.i keep calling his landline and mobile phone but no answer. yah i dont have any contact number to his friends,relatives and family just contact number of him . yah i wish he is ok and just busy.

I'm already married, will the CFO still ask for it??

I've read on some posts that they only ask ones who are on K1 visa..Im on K3..

please give some enlightenment on this...

hi lyne, case like me i filled for CR1 they still ask me a parent consent which is for age of 24 below. i think they ask that for any applicants who had a CFO seminars. hope this can help you