guys help me

[Gumbolette 58]

I hope this infos would help you. I'm so sorry again for this sad, devastating news.

"http://georgetown.usembassy.gov/guyana/ac_10192006.html"

Ask the Consul

Death of a Petitioner or Principal Applicant

October 19, 2006

Q: Am I still eligible for immigration if the original petitioner has died?

A:Typically, when the visa petitioner dies, the approved I-130 petition originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a “substitute sponsor”.

Reinstatement for the petition

"In order for the reinstatement to be considered, the following documents must be provided:

The request for reinstatement must be in writing by the beneficiary of the original petition or

substitute sponsor if the beneficiary is a minor child.

- Provide as much available documentation to identify and document the humanitarian reason for reinstatement. Such documentation may include, but is not limited to:

a. Evidence of a long-time residence and any equity in the U.S.

b. Evidence of relationship to other family members with evidence of their immigration status in the U.S.

c. Evidence of health-related factors that would establish the need for the reinstatement of the petition.

d. Evidence of current political or religious conditions in the beneficiary’s country of origin that would indicate that the beneficiary would suffer if not permitted to immigrate to the U.S.

Please note: Economic depression, as is found in many regions of the world, is not considered to be an example of a harsh result contrary to the goal of family reunification unless it is of such an extreme nature as to possibly cause physical harm to the beneficiary.

- The new sponsor is required to submit an original Form I-864, Affidavit of Support, to show that he or she has adequate means of financial support and that the beneficiary of the petition is not likely to become a public charge.

a. The substitute sponsor must complete the Form I-864, Affidavit of Support.

b. The Form I-864 must contain an original signature of the sponsor.

c. The new sponsor must be an immediate family member or a legal guardian of the

beneficiary, such as a spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild child at least 18 years of age.

d. Submit evidence that will establish the new sponsor’s immigration status or U.S. citizenship.

Other documentation;

a. The petitioner’s death certificate.

b. The initial approval notice.

c. Any correspondence received from the Department of State or the National Visa Center.

d. Evidence of the relationship between the new sponsor and the beneficiary.

- If the death certificate submitted indicates that the lawful permanent resident (LPR) petitioner

died while outside of the United States, you must establish that it was not the intent of the petitioner to abandon his or her LPR status. See Matter of Abdoulin, 17 I & N Dec. 458 (BIA 1980) and Matter of Abdelhadi, 15 I & N Dec. 383 (BIA 1975).

Such evidence may include but is not limited to:

- Evidence of a plan for a return to the United States,

- Evidence of an un-relinquished domicile in the United States, or

- Evidence of continued ties to the United States.

If it is determined that a request for reinstatement does not meet the statutory and regulatory requirements, any subsequent request will require the filing of a formal motion for reconsideration accompanied by the appropriate motion fee.

Make sure to consult an experienced immigration attorney about your options in such cases."

Source: http://www.visalawyerblog.com/2009/09/deat...er_visa_sp.html

Edited November 7, 2009 by LÜvtechwifey

[junebride 0]

I hope this infos would help you. I'm so sorry again for this sad, devastating news.

"http://georgetown.usembassy.gov/guyana/ac_10192006.html"

Ask the Consul

Death of a Petitioner or Principal Applicant

October 19, 2006

Q: Am I still eligible for immigration if the original petitioner has died?

A:Typically, when the visa petitioner dies, the approved I-130 petition originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a “substitute sponsor”.

Reinstatement for the petition

"In order for the reinstatement to be considered, the following documents must be provided:

The request for reinstatement must be in writing by the beneficiary of the original petition or

substitute sponsor if the beneficiary is a minor child.

- Provide as much available documentation to identify and document the humanitarian reason for reinstatement. Such documentation may include, but is not limited to:

a. Evidence of a long-time residence and any equity in the U.S.

b. Evidence of relationship to other family members with evidence of their immigration status in the U.S.

c. Evidence of health-related factors that would establish the need for the reinstatement of the petition.

d. Evidence of current political or religious conditions in the beneficiary’s country of origin that would indicate that the beneficiary would suffer if not permitted to immigrate to the U.S.

Please note: Economic depression, as is found in many regions of the world, is not considered to be an example of a harsh result contrary to the goal of family reunification unless it is of such an extreme nature as to possibly cause physical harm to the beneficiary.

- The new sponsor is required to submit an original Form I-864, Affidavit of Support, to show that he or she has adequate means of financial support and that the beneficiary of the petition is not likely to become a public charge.

a. The substitute sponsor must complete the Form I-864, Affidavit of Support.

b. The Form I-864 must contain an original signature of the sponsor.

c. The new sponsor must be an immediate family member or a legal guardian of the

beneficiary, such as a spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild child at least 18 years of age.

d. Submit evidence that will establish the new sponsor’s immigration status or U.S. citizenship.

Other documentation;

a. The petitioner’s death certificate.

b. The initial approval notice.

c. Any correspondence received from the Department of State or the National Visa Center.

d. Evidence of the relationship between the new sponsor and the beneficiary.

- If the death certificate submitted indicates that the lawful permanent resident (LPR) petitioner

died while outside of the United States, you must establish that it was not the intent of the petitioner to abandon his or her LPR status. See Matter of Abdoulin, 17 I & N Dec. 458 (BIA 1980) and Matter of Abdelhadi, 15 I & N Dec. 383 (BIA 1975).

Such evidence may include but is not limited to:

- Evidence of a plan for a return to the United States,

- Evidence of an un-relinquished domicile in the United States, or

- Evidence of continued ties to the United States.

If it is determined that a request for reinstatement does not meet the statutory and regulatory requirements, any subsequent request will require the filing of a formal motion for reconsideration accompanied by the appropriate motion fee.

Make sure to consult an experienced immigration attorney about your options in such cases."

Source: http://www.visalawyerblog.com/2009/09/deat...er_visa_sp.html

thank you so much for your help. yah this is really helpful info. i will inform his mom about this or the lawyer we hired for our processing in my CR1 to have another option

I hope this infos would help you. I'm so sorry again for this sad, devastating news.

"http://georgetown.usembassy.gov/guyana/ac_10192006.html"

Ask the Consul

Death of a Petitioner or Principal Applicant

October 19, 2006

Q: Am I still eligible for immigration if the original petitioner has died?

A:Typically, when the visa petitioner dies, the approved I-130 petition originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a “substitute sponsor”.

Reinstatement for the petition

"In order for the reinstatement to be considered, the following documents must be provided:

The request for reinstatement must be in writing by the beneficiary of the original petition or

substitute sponsor if the beneficiary is a minor child.

- Provide as much available documentation to identify and document the humanitarian reason for reinstatement. Such documentation may include, but is not limited to:

a. Evidence of a long-time residence and any equity in the U.S.

b. Evidence of relationship to other family members with evidence of their immigration status in the U.S.

c. Evidence of health-related factors that would establish the need for the reinstatement of the petition.

d. Evidence of current political or religious conditions in the beneficiary’s country of origin that would indicate that the beneficiary would suffer if not permitted to immigrate to the U.S.

Please note: Economic depression, as is found in many regions of the world, is not considered to be an example of a harsh result contrary to the goal of family reunification unless it is of such an extreme nature as to possibly cause physical harm to the beneficiary.

- The new sponsor is required to submit an original Form I-864, Affidavit of Support, to show that he or she has adequate means of financial support and that the beneficiary of the petition is not likely to become a public charge.

a. The substitute sponsor must complete the Form I-864, Affidavit of Support.

b. The Form I-864 must contain an original signature of the sponsor.

c. The new sponsor must be an immediate family member or a legal guardian of the

beneficiary, such as a spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild child at least 18 years of age.

d. Submit evidence that will establish the new sponsor’s immigration status or U.S. citizenship.

Other documentation;

a. The petitioner’s death certificate.

b. The initial approval notice.

c. Any correspondence received from the Department of State or the National Visa Center.

d. Evidence of the relationship between the new sponsor and the beneficiary.

- If the death certificate submitted indicates that the lawful permanent resident (LPR) petitioner

died while outside of the United States, you must establish that it was not the intent of the petitioner to abandon his or her LPR status. See Matter of Abdoulin, 17 I & N Dec. 458 (BIA 1980) and Matter of Abdelhadi, 15 I & N Dec. 383 (BIA 1975).

Such evidence may include but is not limited to:

- Evidence of a plan for a return to the United States,

- Evidence of an un-relinquished domicile in the United States, or

- Evidence of continued ties to the United States.

If it is determined that a request for reinstatement does not meet the statutory and regulatory requirements, any subsequent request will require the filing of a formal motion for reconsideration accompanied by the appropriate motion fee.

Make sure to consult an experienced immigration attorney about your options in such cases."

Source: http://www.visalawyerblog.com/2009/09/deat...er_visa_sp.html

thank you so much for your help. yah this is really helpful info. i will inform his mom about this or the lawyer we hired for our processing in my CR1 to have another option

[Mike's Lucy 14]

Here is the link of the new law i was talking about http://shusterman.com/nov09.html#2

Try reading the examples there, there might be similar situations as your now.

[adiiann 163]

guys my fellow vj, im so sad here and i cant believe my husband was already died he was find out not reponsive inside the apartment by his bestfriend due to cardiac arrest and i want to come there in US just for the last time to see him. i dont know what to do here cause our papers is still under processing.please help me to find ways what other possible way..thanks a lot..until now i cant believe this and still in shock

Condolence. Prayers for you. I wonder if going to the embassy and telling them your situation will help you.

[mari joe 1]

guys my fellow vj, im so sad here and i cant believe my husband was already died he was find out not reponsive inside the apartment by his bestfriend due to cardiac arrest and i want to come there in US just for the last time to see him. i dont know what to do here cause our papers is still under processing.please help me to find ways what other possible way..thanks a lot..until now i cant believe this and still in shock

Condolence. Prayers for you. I wonder if going to the embassy and telling them your situation will help you.

I am sorry for your loss God is by your side

[Iris&Norman 0]

guys my fellow vj, im so sad here and i cant believe my husband was already died he was find out not reponsive inside the apartment by his bestfriend due to cardiac arrest and i want to come there in US just for the last time to see him. i dont know what to do here cause our papers is still under processing.please help me to find ways what other possible way..thanks a lot..until now i cant believe this and still in shock

Our condolences.

[calico1 1]

Our hearts and prayers for you..Condolences

[Twisted K 2]

[sjr09 155]

guys my fellow vj, im so sad here and i cant believe my husband was already died he was find out not reponsive inside the apartment by his bestfriend due to cardiac arrest and i want to come there in US just for the last time to see him. i dont know what to do here cause our papers is still under processing.please help me to find ways what other possible way..thanks a lot..until now i cant believe this and still in shock

http://www.uscis.gov/files/pressrelease/I1...0804_110807.pdf

[walls1010 3]

i'm sorry for you loss....may his soul rest in peace

[Tahoma 2,292]

We are very sorry for your loss.

We wish you strength and courage on this difficult time of your life.

[rheanick 42]

guys my fellow vj, im so sad here and i cant believe my husband was already died he was find out not reponsive inside the apartment by his bestfriend due to cardiac arrest and i want to come there in US just for the last time to see him. i dont know what to do here cause our papers is still under processing.please help me to find ways what other possible way..thanks a lot..until now i cant believe this and still in shock

Try to apply for tourist visa USEM.

Inform them that your husband died. Tell the USEM that you have a pending spousal visa. Ask your in laws to send you a letter inviting you to go to the US to attend the funeral. Place your in laws as your US contact. Bring a copy of your husband's death certificate.

You need at least one week to get the tourist visa. Reserve an interview schedule ASAP.

Hopefully your in laws could wait for you before they bury your husband's body.

[rheanick 42]

guys my fellow vj, im so sad here and i cant believe my husband was already died he was find out not reponsive inside the apartment by his bestfriend due to cardiac arrest and i want to come there in US just for the last time to see him. i dont know what to do here cause our papers is still under processing.please help me to find ways what other possible way..thanks a lot..until now i cant believe this and still in shock

Try to apply for tourist visa USEM.

Inform them that your husband died. Tell the USEM that you have a pending spousal visa. Ask your in laws to send you a letter inviting you to go to the US to attend the funeral. Place your in laws as your US contact. Bring a copy of your husband's death certificate.

You need at least one week to get the tourist visa. Reserve an interview schedule ASAP.

Hopefully your in laws could wait for you before they bury your husband's body.

Verify also if your CR1 visa would be void if you obtain a tourist visa. I know tourist visa won't void the pending CR1 visa.

[gennyangel 3]

condolence to you and to your inlaw's. May his soul rest in peace.

[sachinky 465]

Oh my god. I'm so so sorry. Maybe a tourist visa can allow you to be there for his funeral?