K3 petitioner dies!

[Dakine 26]

What happens when a K3 beneficiary receives her visa but the petitioner dies even before she leaves her country?

Can she travel to the US?

Can she self petition?

[lucyrich 20]

I don't believe she can travel to the US. I believe her basis of admissibility is gone, since the marriage ended at the death of the USC spouse. But it wouldn't surprise me if this isn't checked at all at the port of entry, so in practice she could probably get in.

But then she has no basis for which to adjust status. Once her K-3 I-94 expires, she's out of status and she has no way file an adjustment of status or to get a green card.

She can't self-petition under VAWA, because a VAWA self-petition would require that her husband abuse her after she entered the US.

The theory is that she got her visa so that she could unite with her US Citizen spouse and be together in the US. That reason for entering the US no longer exists. If she still wants to enter the US anyway, it almost looks like she used the marriage to get the visa, instead of using the visa to sustain the marriage.

[John & Nan 0]

What happens when a K3 beneficiary receives her visa but the petitioner dies even before she leaves her country?

Can she travel to the US?

Can she self petition?

they passed a new laws about that. I think she can still come and get GC. not sure I would check more into this webpage.

DHS Establishes Interim Relief for Widows of U.S. Citizens

[rebeccajo 14]

What happens when a K3 beneficiary receives her visa but the petitioner dies even before she leaves her country?

Can she travel to the US?

Can she self petition?

they passed a new laws about that. I think she can still come and get GC. not sure I would check more into this webpage.

DHS Establishes Interim Relief for Widows of U.S. Citizens

Hmmmmmm. It might - but I doubt it.

U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano today granted deferred action for two years to widows and widowers of U.S. citizens—as well as their unmarried children under 21 years old—who reside in the United States and who were married for less than two years prior to their spouse’s death.*

[imaisha 1]

That will not apply. The freeze on deporting widows is meant to help immigrants whose spouses died after their entry so that they can preserve their way of life and not have to leave their home and family. Because the K-3 holder hasn't established a life here yet there is nothing to preserve. I think it may also be a no-no for them to use the visa in the first place.

[Dakine 26]

That will not apply. The freeze on deporting widows is meant to help immigrants whose spouses died after their entry so that they can preserve their way of life and not have to leave their home and family. Because the K-3 holder hasn't established a life here yet there is nothing to preserve. I think it may also be a no-no for them to use the visa in the first place.

Yeah the K3 wife [Philippines] wants to go to the US on July 30 to attend her exhusbands funeral. She does have the visa in hand and it's "good" for 2 years of reentries. Question is is it still valid?

[diadromous mermaid 36]

http://www.cpvisa.com/ARTICLES/Humanitaria...instatement.pdf Edited July 25, 2009 by diadromous mermaid

[halimandserena 0]

yes....you can come to the us. i had some friends who filed & then the usc died. they had just sent their papers. i called uscis & they said since they hadnt been approved yet there wasnt anything the husband could do but refile with another sponsor. they said if it had already been approved he would be able to came.

sorry about your loss & good luck

[Dakine 26]

http://www.cpvisa.com/ARTICLES/Humanitaria...instatement.pdf

Forgot to mention the K3 wife had recently applied to USEM for a CRBA for their child. No results yet!

[SuperDuper! 230]

If the K3 petitioner is dead, then so is the reason for the beneficiary to come to the US: It was to be with the man she loved.

[donnastl 0]

I'm sure she can't fly to US anymore.

Read: What happens if the petitioner dies before the principal beneficiary has immigrated to the United States?

If the petitioner dies before the principal beneficiary has immigrated to the United States, the petition is automatically revoked pursuant to 8 CFR 205.1(a)(3). This means that the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the Department of Homeland Security (DHS). If there are compelling humanitarian circumstances, the consular officer may recommend that DHS reinstate the petition. Alternatively, the applicant may contact directly the DHS office that approved the petition to request that it be reinstated for humanitarian reasons. If DHS reinstates the petition, the Consulate will contact the applicant(s) soon thereafter.

source:http://ciudadjuarez.usconsulate.gov/hivfaqs.html

Edited July 25, 2009 by donnastl

[Dakine 26]

I'm sure she can't fly to US anymore.

Examples or links please!

[donnastl 0]

I'm sure she can't fly to US anymore.

Examples or links please!

Check my post b4 there. I have edited

[Dakine 26]

I'm sure she can't fly to US anymore.

Examples or links please!

Check my post b4 there. I have edited

Salamat po. Sorry my coffee hadn't kicked in yet!

Only difference is she has her visa in hand.

[thepizzadude 26]

I'm sure she can't fly to US anymore.

Read: What happens if the petitioner dies before the principal beneficiary has immigrated to the United States?

If the petitioner dies before the principal beneficiary has immigrated to the United States, the petition is automatically revoked pursuant to 8 CFR 205.1(a)(3). This means that the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the Department of Homeland Security (DHS). If there are compelling humanitarian circumstances, the consular officer may recommend that DHS reinstate the petition. Alternatively, the applicant may contact directly the DHS office that approved the petition to request that it be reinstated for humanitarian reasons. If DHS reinstates the petition, the Consulate will contact the applicant(s) soon thereafter.

source:http://ciudadjuarez.usconsulate.gov/hivfaqs.html

This is BEFORE the visa has been issued has nothing to do with this question.