DEATH OF HUSBAND AFTER ARRIVAL OF K1

[SonoranSongbird 3]

I'm looking at the form Dan linked now (the self-petitioning widow or widower or special immigrant form). According to that, she would qualify. If your friend does not make it, she will be the widow of a US citizen who died within the last two years. That is one of the categories.

What seems to be going on with similar cases, though, is they deny them on other grounds in spite of this. That's why we are all recommending getting an attorney. Having an attorney and going to court are not the same thing. There are many couples on here who have an attorney representing them just dealing with the administrative agency (which is what USCIS is).

What would most likely happen is she'd start by filling out that petition and whatever other forms are required along with it. If it gets denied, there is some process of review within USCIS. In general, once you use up every level of appeal available to you in an administrative agency, you can then seek review by an actual court. Which is probably more than you want to know.

No matter what, though, her situation is more complicated than what most of us have to deal with, so having someone who specializes in cases like hers to guide her through it would be really valuable.

[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 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.

I finally looked it up - it is in the 3/28 program of This American Life, and it'll about make you want to go throttle someone in DC

[bora bora 1]

Oh if I were her I'd run back home.

That's sad .

[knowledge 0]

I think this thread belongs to the appropriate forum: Effects of divorce etc...including the loss of partner in the immigration process; it's Diandromus's kingdom and she'll certainly will be please to reply...I've read similar case not long ago i think...God luck to your friend!!!

[Gaby&Talbert 1]

Oh if I were her I'd run back home.

That's sad .

But what if she wants to stay in the US? Shouldn't she be entitled to her husband's SSI?

[sunray248 0]

Thank you all for your posts. Tom passed away on Saturday, so if anyone has more to offer, I will pass it on.

[SonoranSongbird 3]

I'm sorry to hear that.

Knowledge is right--you may get more guidance if you post this same question in the forum for "effect of major family changes" (keep scrolling down and you will see it).

[✿Ice Rain✿ 0]

Thank you all for your posts. Tom passed away on Saturday, so if anyone has more to offer, I will pass it on.

Our Condolence to the family..

[pushbrk 13,116]

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

Unfortunately, to qualify under this category, the marriage must have endured a minimum of two years.

The best advice I can give now that the husband is dead, is for somebody to step in and help this widow protect her financial status. Did he have will? Does she have access to funds? etc.

[Ngoc-Anh 1]

sorry to hear about her loss!!

[chris4gretchen 1]

Pushbrk is correct.

Also does she have access to his money? assets? how will she support herself? she cant legally work until she gets a green card. All the immigration support docs are to make sure she doesnt become a public charge. Since she cant work and he is gone, that is a possibility. They will deport her.

To get the husbands SSI they have to be married for a much longer period of time than a few weeks. If he had an ex wife then its 10 years for the new wife to get his SSI. The ex will get it under 10 years.

While i am saddened by this situation and feel horrible for her, She came to the US to be with him and share his life.

If he dies and its within the first few weeks of her being here, then she has no ties, no support system, she cant work, even to pay his bills, and no life here. Where will she stay if he didnt own a home. She is not even on the lease etc if they are newly married. She will have to return to her home. Her reason for being here is now gone. US immigration granted her the visa to be the wife of this guy. That wont happen now.

This happened last year on another site. The lady was in country 2 weeks and the guy was killed in a motorcycle accident. They were newly married. She had to return back to her country also. Its unfortunate. Maybe there is hope he will survive, but without him she has no ties here and will in the end return to her country. it is paramount the narriage is long enough for a green card to be granted. Anything before and you will be deported. I have seen cases where the guy was killed in military service and still the wife and kid were deported becuase the paperwork wasnt processed and green card given. Personally in those cases i dont think that is fair, but right now its the way it is.

Chris

Edited April 7, 2008 by chris4gretchen

[desert_fox 32]

USCIS wqill send her a etter telling her to leave....sad but true. No law allows the widow to complete the AOS.

[Krikit 1,165]

To get the husbands SSI they have to be married for a much longer period of time than a few weeks. If he had an ex wife then its 10 years for the new wife to get his SSI. The ex will get it under 10 years.

Sorry, Chris.... I'm trying to clarify this in my head. Are you saying that a spouse who has not been married for 10 years would not receive the SSI should the other spouse pass away?.... that it would go to any former spouse(s)? I'm a bit confused by this.

[payxibka 10,047]

To get the husbands SSI they have to be married for a much longer period of time than a few weeks. If he had an ex wife then its 10 years for the new wife to get his SSI. The ex will get it under 10 years.

Sorry, Chris.... I'm trying to clarify this in my head. Are you saying that a spouse who has not been married for 10 years would not receive the SSI should the other spouse pass away?.... that it would go to any former spouse(s)? I'm a bit confused by this.

As shocking as that might seem... the answer is that it could go to the ex-spouse.

[Gaby&Talbert 1]

To get the husbands SSI they have to be married for a much longer period of time than a few weeks. If he had an ex wife then its 10 years for the new wife to get his SSI. The ex will get it under 10 years.

Sorry, Chris.... I'm trying to clarify this in my head. Are you saying that a spouse who has not been married for 10 years would not receive the SSI should the other spouse pass away?.... that it would go to any former spouse(s)? I'm a bit confused by this.

As shocking as that might seem... the answer is that it could go to the ex-spouse.

That sucks! I am telling my wife to put me on life support until our 10th anniversary! I have to check into this and see what I have to do.

Thanks for this info.