Supporter/Spouse death before AOS filed

[Chris47 0]

A Phillipino friend of my wife has been here for almost 2 years on a K-3 visa. Just recently her husband died before they filed for Adjustment of Status. They had a baby together which is now 7 months old, so he is a US citizen by birth. What is comes down to is, can she file for AOS on her own? Will she need another supporter for the Affidavit of Support? She has only a few months left on her visa and needs to find all this out soon. Any help would be appriciated. I myself could fill out forms for her, my wife was brought here by me on K-1 visa and Visa Journey was the reason it all went so smoothly, This site is a great help for visa issues and guides.

Cabby47

[Nich-Nick 3,354]

This is a very good reason to file for AOS as soon as possible. Unfortunately she has no basis for adjustment any longer. According to the USCIS rulings, she is is no longer married to a US citizen and should leave the country before her visa expires. This was featured on TV recently on the show 60 Minutes. Here's some links that might give you the story. People are fighting it, so you might want to try to follow how it's going for them.

http://www.cbsnews.com/stories/2008/11/21/...in4625729.shtml

http://www.informationweek.com/blog/main/a...nutes_look.html

http://www.informationweek.com/news/person...cleID=208403528

[Anh map 2,098]

There are provisions on the I-864 for a substitute sponsor when the original sponsor dies. Or if she is making above the required amount she can use her income.

I know that I have read about successful AOS in this situation. But I cannot recall the OP's name. Try searching here on VJ.

[Nich-Nick 3,354]

I believe if you have a conditional green card, you can successfully petition for the permanent one as a widow.But according to the investigational reporting on 60 minutes, the widows featured had never filed and that was the problem. Watch the video. The TV show told the stories of about 3 widows who had children and in-laws who loved them and wanted to support them financially, but so far to no avail. Some of them could support themselves. It's not about a financial support. The USCIS says a widow of a US citizen (who never filed AOS at all) is no longer married to a US citizen and can not file for AOS on the basis of being married to a USC.

Edited May 1, 2009 by Nich-Nick

[Chica Yeyé 41]

I believe if you have a conditional green card, you can successfully petition for the permanent one as a widow.But according to the investigational reporting on 60 minutes, the widows featured had never filed and that was the problem. Watch the video. The TV show told the stories of about 3 widows who had children and in-laws who loved them and wanted to support them financially, but so far to no avail. Some of them could support themselves. It's not about a financial support. The USCIS says a widow of a US citizen (who never filed AOS at all) is no longer married to a US citizen and can not file for AOS on the basis of being married to a USC.

That is also my understanding.

[Anh map 2,098]

I wasn't saying the support = success. Two separate issues. A substitute sponsor is simple to do. The AOS isn't. I remember that 60 Minutes show as well. I just wish I could remember more about the story here on VJ.