DEATH OF HUSBAND AFTER ARRIVAL OF K1

[sunray248 0]

I am hoping for some positive information.

A friend of mine sponsored his K1 fiance.

After she arrived here into the us,

unfortunately he had to be admitted to the hospital and operated on.

right before the operation they got married

after the operation he suffered a heart attack, and is now in a coma.

He is not expected to survive.

He did not have time to submit the paperwork (I130 I485) though they were trying to complete it before the operation he underwent

what options does she have? with the death of her husband does her legal right to stay in the states terminate?

any help is appreciated.

[payxibka 10,047]

Typically the USCIS has taken a hard line on this situation, but if I remember correctly there is recent court litigation quite favorable in this situation.... Hopefully someone has a link.....

PS.. No I-130 is required to adjust from K-1.. just the I-485.

[*JG* 2]

I think she should consult a qualified immigration attorney on this one.

Typically the USCIS has taken a hard line on this situation, but if I remember correctly there is recent court litigation quite favorable in this situation.... Hopefully someone has a link.....

PS.. No I-130 is required to adjust from K-1.. just the I-485.

I thought that recent case, the man was in the armed forces and that helped her case.

[YuAndDan 153]

Firstly did you marry the petitioner within 90 days of entry? If you did then I-130 is not needed.

You should be able to apply for adjustment of status as a widow.

I believe you will be filing I-360 to classify as a widow, you file I-485, and I-360 together to the Chicago PO box.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[sunray248 0]

Yes, She did marry 1 week after arrival. If anyone else can confirm or illustrate more, I'd be grateful for the information.

Firstly did you marry the petitioner within 90 days of entry? If you did then I-130 is not needed.

You should be able to apply for adjustment of status as a widow.

I believe you will be filing I-360 to classify as a widow, you file I-485, and I-360 together to the Chicago PO box.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[payxibka 10,047]

I think she should consult a qualified immigration attorney on this one.

I thought that recent case, the man was in the armed forces and that helped her case.

Not the case I am thinking of... maybe more than one.... all the better....

[BlakeandOlha 0]

I think she should consult a qualified immigration attorney on this one.

I thought that recent case, the man was in the armed forces and that helped her case.

Not the case I am thinking of... maybe more than one.... all the better....

Actually NPR carried the story of 5 spouses of deceased USC's that the USCIS told could no longer stay in the US. This was in the last 10 days. These 5 fought their deportation and won. Of course I missed the story, but a quick check on www.npr.org might give some more background.

[Gaby&Talbert 1]

First I would like to say I am sorry she lost her husband. She is subject to the widow penalty which is that she will be denied a greedcard because she was not married for two years before her husband's death. If I were her I would contact the lawyer that has the class action lawsuit with USCIS over this issue and see what he suggests. If she really wants to stay in the US she is going to have to get creative to obtain her greencard.

He is in a comma correct? She can file her I-485 and get a letter from her doctor that her husband cannot attend the interview if she even has one? I know this sounds really really bad but if she wants to stay in the US then she can try and keep him on life support until the two years are up? I only say this because from everything I have read about the window penalty is that even if a to court tries to overturn a USCIS denial they use other reasons to deny. The only other option is to get a Senator to sponsor a private bill for a greencard.

[Gaby&Talbert 1]

I think she should consult a qualified immigration attorney on this one.

I thought that recent case, the man was in the armed forces and that helped her case.

Not the case I am thinking of... maybe more than one.... all the better....

Actually NPR carried the story of 5 spouses of deceased USC's that the USCIS told could no longeanyone]]]r stay in the US. This was in the last 10 days. These 5 fought their deportation and won. Of course I missed the story, but a quick check on www.npr.org might give some more background.

They didn't win, USCIS used other reasons to deny. The lawyer said that it is his life battle to change this law because USCIS has the right to deny anyway and their decision cannot be reviewed by the courts.

[melusine 5]

you 're right that sound awfull

[SonoranSongbird 3]

Yeah, I heard the NPR story. There was a long interview with the attorney involved on "This American Life" (that may not be the same story you were thinking of). I will try to look for a link for you later, but you could try npr.org. Basically, he got a ruling in favor of the widow he was representing, and then USCIS invoked some discretionary clause to deny her anyway. He has 130 similar cases.

Sorry I could not be more helpful. This is a situation where she definitely needs a good attorney.

Also, you said that your friend is "not expected" to survive. I personally know two people who survived after being given a 10% chance of survival (different things). I hope that your friend will also beat the odds. If not, my condolences to you and to his wife.

[Gaby&Talbert 1]

I think she should consult a qualified immigration attorney on this one.

http://www.thislife.org/Radio_Episode.aspx?episode=353

Here is the radio program with the lawyer that has the class action suit. You have to go to the middle of the program to get to the story about the widow penalty.

I thought that recent case, the man was in the armed forces and that helped her case.

Not the case I am thinking of... maybe more than one.... all the better....

Actually NPR carried the story of 5 spouses of deceased USC's that the USCIS told could no longeanyone]]]r stay in the US. This was in the last 10 days. These 5 fought their deportation and won. Of course I missed the story, but a quick check on www.npr.org might give some more background.

They didn't win, USCIS used other reasons to deny. The lawyer said that it is his life battle to change this law because USCIS has the right to deny anyway and their decision cannot be reviewed by the courts.

http://www.thislife.org/Radio_Episode.aspx?episode=353

here is the link to the story in starts somewhere in the middle of the radio program.

[Gaby&Talbert 1]

Act Two. This American Wife.

This American Life contributor Jack Hitt uncovers a strange practice within the U.S. Citizenship and Immigration Service. If a foreign national marries a U.S. citizen and schedules an interview for a green card, but the U.S. citizen dies before the interview takes place, the foreign national is scheduled for deportation with no appeal—even if the couple has children who are U.S. citizens. Jack talks with Brent Renison, a lawyer who's representing over 130 people in this situation, mostly widows, who are seeking to overturn the Immigration Service's rule. (20 minutes)

I would contact this lawyer!

[SonoranSongbird 3]

That's the one I was thinking of from NPR. I didn't notice that someone had posted the link already.

[sunray248 0]

For more clarification.. despite the widower statement that allows one to file the I-485 combined with the I-360 she has no option other then court? This is not positive since she is brand new to this country.