K Visa FAQ - K1 Fiance Visa, K3 Spousal Visa and other Marriage Based Immigration Questions
A Complete guide for obtaining a K1 and K3 (plus derivitive) Visa, immigrating, and becoming a US Citizen.
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Section 20.0....RELATED ISSUES
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Frequently Asked Questions:
20.1)...My foreign spouse passed away before applying for Naturalization.
Is there anything that I, as a US Citizen, need to do?
20.2)...What about USCIS (INS)? Do I need to notify them about the
death of my foreign spouse or child?
20.3)...What do I have to do to correct an error on conditional permanent
residency card (green card) for my child (who is a minor)?
Answers:
20.1)..My foreign spouse passed away before applying
for Naturalization. Is there anything that I, as a US Citizen, need
to do?
A..The most important thing to remember is that your deceased spouse
(or K2 child) is still a Citizen of another country, and that country
still has an interest in them. You will need to notify that country's
Consulate in the United States of the death.
A..(experience)..When our K2 son passed away in October 2000, my wife
emailed the Swedish Consulate in Washington DC, who replied that we
should send them a certified copy of the death certificate. The certificate
was returned with a letter of acknowledgement within a couple weeks.
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20.2)..What about USCIS (INS)? Do I need to notify
them about the death of my foreign spouse or child?
A..You do not NEED to notify USCIS (INS). There may be considerations
however, because a persons "legal status" may still be important even
after that person has died.
A..(experience)..Our K2 son passed away shortly before we were to submit
the I-751 for lifting of conditional status. We submitted the I-751,
listed his name where it would normally go, but wrote "(deceased)" next
to it. We enclosed a copy of the death certificate and explained the
situation in our cover letter. He was still processed normally, and
his legal status was extended.
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20.3)..What do I have to do to correct an error
on conditional permanent residency card (green card) for my child (who
is a minor)?
A.. Based on the experience of a member of the forums:
"I made at trip over to our local service centre to see about making
the correction on my son's birthdate on his permanent residency card.
He is a conditional permanent resident and conditions cannot be applied
to be removed until April 2006.
I advised the officer there of the error on his permanent residency
card. I believe he noticed the year of birth for my son as being 1991.
He asked me how old my son was. I told him he would be 14 on the 27th
of this month. The officer advised me that I needed to make an appointment
to have him fingerprinted as he was turning 14. I then verified with
him, "even if he is a conditional resident only, he still has to be
fingerprinted?" He said yes. The total fee was $70 for the fingerprinting
however I also had to submit two passport style photos for him as well.
They will make the correction on his permanent residency card at the
time of fingerprinting."
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This FAQ is located at https://www.visajourney.com/faq/k1faq.htm
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