loss of a husband while wife has 2-year GC

[dowrybetty 0]

Hi all;

if that question was already asked in this forum, I apologize for duplication.

All I found searching here are stories of people whose spouses died before the person got GC. Our problem is slightly different. Unfortunately, no easier, as always when death is involved.

My sister got her 2-year GC last year. Two weeks ago her husband died. She is still not ready to think of anything practical, but I am sure she will wish to stay in the US. She has her life in the US already, no place to go elsewhere.

She has a good job that can support her, and she is a specialist in an attractive discipline, so she can even show that if she accidentally loss that job she can easily find a new one. She also will have substantial funds from her husband's estate. So, there is no danger she will end up living on federal support soon.

They had no children.

What is the chance she can remove the restriction, and get permanent GC, on her own, being a widow?

She is eligible for a visa through her work, many people in her department are on H1, so she could too. But first of all, we would like to keep her a legal permanent resident if possible.

I probably might, theoretically, sponsor her; I have a green card as a wife of a citizen, soon I will become eligible for naturalization. Also, my husband would be willing to sponsor her if this would be necessary. There is one problem though: in a few weeks we are moving to Ireland, for a very long time, maybe even permanently. So, I don't think sponsoring my sissy will be possible.

Also, if she lost her current status, were forced to leave US and start GC process all over, she would be in a big trouble (loosing her job, home and entire life she already made herself here).

She can prove she has a lot of her own life in the US, not only her husband's life; she was living in the US three years before she met him (always legal), she did not come to the country just for marriage.

I know she will have to see a lawyer when it is time to get that done, but I would like to know your opinion now. Maybe you know someone who was in the same situation like my girl, and can tell how it usually goes?

She is still devastated and I think she does not yet even think of immigration formalities, but I would like to have some good news for her when she starts thinking of that.

Thank you for all advices!

[john_and_marlene 162]

Look at the I-751 Part 2 - option C

She will not have a problem.

[*JG* 2]

I don't see a problem either.

I wish her the best of luck.

[payxibka 10,047]

Unfortunate situation... however it is not an isolated situation... all is accomplishable.....

[dowrybetty 0]

thank all of you for wishes. also thanks for pointing the rule.

I probably should now that paragraph, since I was going through the same process of removing the restriction, but we had a very trusted lawyer and I did not read everything about forms I was signing.

I am glad at least I will have one good news for her. Thank you all.

[JenT 0]

Best wishes to her for this next chapter of her life.

Jen

[Kathryn41 3,205]

I'm sorry for your sister's loss, and it is kind of you to step in to help her now while she is still too distraught to realize what she needs to do next. As others have said, she has no real worries. She would file the I-751 checking off the waiver for the joint filing condition due to the death of her husband. She doesn't have to wait for two years either. As soon as she is up to it, she can file to remove conditions. She would include a copy of the death certificate along with the necessary proof of her bona fide relationship. She can stay in the US and will receive her 10 year card. Good luck to her in re-establishing her life on her own.

Edited October 14, 2008 by Kathryn41

[Chica Yeyé 41]

I am so very sorry for your sister's loss

She should not have a problem removing conditions once she is ready to file

[lucyrich 20]

Since you talk about her job and financial situation, I'll point out, in addition to what others have correctly said, that the removal of conditions process does not require she show the ability to support herself. It's good that she is financially secure, but that's not the issue being examined with the I-751. The only thing she needs to show is that the marriage was not entered for the purposes of getting an immigration benefit.

Sympathies for her loss.