Filing For Removal Of Conditions After Spouse's Death

[Big Papa Zone 93]

As some of you are aware, my wife (the USC) passed away a couple of weeks ago. Obviously, I have been extremely busy trying to sort out the ungodly mess a bereavment leaves, and of course, the added issue of the whole ROC thing.

Now my understanding is this: I wait until 3 months before the 2nd wedding anniversary, just as I would have done had my wife lived, file the same I-751 form, but indicate on said form that she is in fact deceased.

Is that correct?

Edit: can a mod move this to the removing conditions forum please? My bad.

Edited December 18, 2009 by Damian P

[Chica Yeyé 41]

Hermano, I am not so sure; but I *think* you could potentially file now. The 2 month window day window relates not to your wedding date,but to the date of your greencard expiration.

to you

[Kathryn41 3,205]

Damian P,

I am so sorry for your loss. I didn't know about your wife's passing.

Actually, you can file now to remove the conditions on your residency. You don't have to wait. You would need to include a copy of the death certificate and on part 2 check the waiver of the joint filing condition due to the death of the US spouse. I know you are busy with many different things right now, but as soon as you are able to address this, it is something you will want to take care of sooner rather than later. Good luck, and again, my condolences.

(moved from AOS forum to Removal of Conditions forum).

[Nich-Nick 3,354]

Oh my! Damian, I am so sorry. I didn't know as I've been in the hospital 3 times in the last 2 months and just a week out of surgery now. I am the paperwork queen and also have done the widow thing not too many years back, so please let me help you with whatever you need. If I don't know it, I'll research it. I'm well versed in filing taxes final return and "the estate of..." for the following year. I'll work on your ROC paperwork for you. I can't drive and we're laying low for Christmas so whatever you need, I think you have my phone number whenever you need something.

So, so sorry...

[Big Papa Zone 93]

Hermano, I am not so sure; but I *think* you could potentially file now. The 2 month window day window relates not to your wedding date,but to the date of your greencard expiration.

to you

Muchos gracias, chica.

Damian P,

I am so sorry for your loss. I didn't know about your wife's passing.

Actually, you can file now to remove the conditions on your residency. You don't have to wait. You would need to include a copy of the death certificate and on part 2 check the waiver of the joint filing condition due to the death of the US spouse. I know you are busy with many different things right now, but as soon as you are able to address this, it is something you will want to take care of sooner rather than later. Good luck, and again, my condolences.

(moved from AOS forum to Removal of Conditions forum).

Thank you, ma'am.

Oh my! Damian, I am so sorry. I didn't know as I've been in the hospital 3 times in the last 2 months and just a week out of surgery now. I am the paperwork queen and also have done the widow thing not too many years back, so please let me help you with whatever you need. If I don't know it, I'll research it. I'm well versed in filing taxes final return and "the estate of..." for the following year. I'll work on your ROC paperwork for you. I can't drive and we're laying low for Christmas so whatever you need, I think you have my phone number whenever you need something.

So, so sorry...

You so know I'll be talking to you about stuff.

[rebeccajo 14]

*hugs*

[Big Papa Zone 93]

*hugs*

*thanks*

[Big Papa Zone 93]

I've just found this on the USCIS website:

"Q. If I become a permanent resident based on my marriage to my deceased spouse, will I have to submit Form I-751, Petition to Remove Conditions on Residence?

A. No. Those who obtain permanent residence based on being the widow(er) of a citizen are not subject to conditional permanent residence and will not have to file Form I-751."

This has something to do with a law that was passed on October 28th of this year.

Here's the link to the article: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

They also mention form I-360??

OK, now I'm confused

Edited December 18, 2009 by Damian P

[milimelo 4,513]

I've just found this on the USCIS website:

"Q. If I become a permanent resident based on my marriage to my deceased spouse, will I have to submit Form I-751, Petition to Remove Conditions on Residence?

A. No. Those who obtain permanent residence based on being the widow(er) of a citizen are not subject to conditional permanent residence and will not have to file Form I-751."

This has something to do with a law that was passed on October 28th of this year.

Here's the link to the article: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

They also mention form I-360??

OK, now I'm confused

Well that's strange. How would you then get the 10-yr card? File an I-90?

I'd make an Infopass and ask them (don't trust much the mis-information line).

Condolences for your loss and hang in there!

[Nich-Nick 3,354]

Damian--

I think the link you provided is about people who have never received a green card at all. There was a lot of TV coverage of widows who had married, settled into US life, had a couple of kids but they had never gotten around to filing for Adjustment of Status. Suddenly they were widowed and USCIS ruled that they could not adjust status based on marriage to a USC, because they were no longer married to a USC. They were supposed to be deported even though they had lived here many years, their children were USCs, and the in-laws loved them and were willing to support them. A group of them were gathering and fighting the USCIS. I can't remember all the details, but the widows and their lawyers were gaining some ground toward allowing the women to remain in the US. It made a good point why AOS shouldn't be delayed. Had they even had their conditional green card, then there would have been no problem, but they had never applied.

So I think this reference must be changes concerning the legal wranglings on behalf of these women. It refers to a submitted I-130 being converted to another document for widows/widowers. The I-130 is what is filed if you are already married and are going for the K3 visa. Just reading over this quickly it seems like if a USC was married and had started the visa process, the widow could continue on her own now with the new forms. Or if they had not completed the AOS process or even started it, then there is a new way for them to do it on their own. And the FAQ mentions "what if I am in deportment proceedings"? meaning some of the early ones who were widowed with no USC marriage any longer and deportment had already been started on them. I believe the question you quoted is saying if you are one of these widows with no green card, you go straight to the permanent one and don't file for it after 2 years on a conditional one.

You already have a green card, so your permanent one is a different issue than the link discusses.

Edited December 18, 2009 by Nich-Nick

[MonkeyJuice 3]

So sorry.

[Big Papa Zone 93]

Damian--

I think the link you provided is about people who have never received a green card at all. There was a lot of TV coverage of widows who had married, settled into US life, had a couple of kids but they had never gotten around to filing for Adjustment of Status. Suddenly they were widowed and USCIS ruled that they could not adjust status based on marriage to a USC, because they were no longer married to a USC. They were supposed to be deported even though they had lived here many years, their children were USCs, and the in-laws loved them and were willing to support them. A group of them were gathering and fighting the USCIS. I can't remember all the details, but the widows and their lawyers were gaining some ground toward allowing the women to remain in the US. It made a good point why AOS shouldn't be delayed. Had they even had their conditional green card, then there would have been no problem, but they had never applied.

So I think this reference must be changes concerning the legal wranglings on behalf of these women. It refers to a submitted I-130 being converted to another document for widows/widowers. The I-130 is what is filed if you are already married and are going for the K3 visa. Just reading over this quickly it seems like if a USC was married and had started the visa process, the widow could continue on her own now with the new forms. Or if they had not completed the AOS process or even started it, then there is a new way for them to do it on their own. And the FAQ mentions "what if I am in deportment proceedings"? meaning some of the early ones who were widowed with no USC marriage any longer and deportment had already been started on them. I believe the question you quoted is saying if you are one of these widows with no green card, you go straight to the permanent one and don't file for it after 2 years on a conditional one.

You already have a green card, so your permanent one is a different issue than the link discusses.

Thanks, mate - comprehensive as always.

OK, now I'd like your thoughts on what to do about the I-751 paperwork.

I'm going to list the issues by category: Problem; Reason; Solution. I'd like your input on each.

OK, here we go:

Problem

USCIS consider joint bank accounts as strong evidence. My wife and I did not have any.

Reason

When I arrived here in March 2009, my wife had been receiving social security survivor benefit for the two kids, due to their biological father's death in January of this year. Social security requested that a single account (and named trustee) be provided, into which said payments would be made. My wife and I figured that turning the account into a joint account may cause some legal issues with regard to payment of the survivor benefit, and as such, we opted not to take that option. Bearing in mind that I already had a checking account of my own, which I'd opened in 2004 whilst here on a F1, this seemed the logical choice.

Solution

Explain the situation in the cover letter that will accompany the I-751, and enclose copies of the relevant correspondence from social security to substantiate the claim.

Problem

USCIS consider joint lease agreements strong evidence. My wife and I did not have a joint lease.

Reason

Although with the benefit if hindsight (and aint that a wonderful thing) I should have had her add my name to the lease, we simply didn't get around to doing it. We weren't planning on living there for very much longer anyway, as we had plans to move as soon as our eldest graduated high school.

Solution

Provide USCIS with a letter from our landlord, confirming that we were indeed living together at the same residence for the duration of our marriage. Support this claim by enclosing our individual bank statements, credit card bills etc to cover the duration.

Problem

USCIS consider joint tax returns as strong evidence. My wife and I have none.

Reason

Quite simple really: she passed away before we could file our first joint return.

Solution

I'm not sure there is one. One would assume that, due to my wife's passing, any subsequent joint filing of tax returns would become wholly irrelevant. Should I even bother?

OK, I'm listening.....

Edited December 18, 2009 by Damian P

[Chocolot 0]

Sorry for your loss

[Nich-Nick 3,354]

Daymo

I know what you mean about the no joint things. I was wondering what we would show had we been required to interview. We've got nothing joint, except recently put the cars in both names. I didn't even change my last name.

I think you provide mail and statements showing you both received things at that address, thus lived together. You get a lot of people to write affidavits stating they knew you and testify to the trueness of your relationship and marriage. Surely the kids can write something on your behalf, even if affidavits have to be from adults. I would put them in for the emotional pull.

You will file a joint tax return for 2009. If you were married one day in 2009, then you can file jointly. You'll have to wait until early February for all the W2s and any interest statements (1099s) to come in. It will be a normal tax return, but on the line where her name is written it will say

Mary Ann Jones DECEASED and her SSN. I'll do your return for you if you want. Because it's so near the end of the year, if any money comes in on her behalf after Jan 1, then that income must be shown on a 2010 return (filed in 2011). You will have to get an ITIN number for The Estate of Mary Ann Jones, because she can no longer file as an individual under her SSN in the year after her death. And the executer of the "estate" ( if there is one) can file or you can as spouse. I had to do that because a stock dividend check came in January payable to my husband. There was no tax liablity but I had to file an estate return showing the small amount of money and that I gave the money to me. Then I had to claim it as income on my single return. The IRS is complicated, but I have read a gazillion pages of tax publications concerning death of a tax payer and then last year about immigrants. So I've got ya cover on both areas.

You have a green card and already passed through the scutiny of adjudication. I think you will interview and you just tell them everything honestly and they will believe you. Not everybody has the perfect little package to present, but we think outside the box and convince them in whatever way we can. The checklists are for the masses. You are special and will invent your own checklist. I wouldn't worry about it and I would wait until I filed a joint tax return. You will need a subsitute sponsor, won't you? Better figure the affidavit of support part out and get your ducks in a row before you file for ROC. You will be fine with immigration. You were in a honest relationship and they will believe you. Full stop.

[Nagishkaw 510]

Damian,

I just wanted to say how sorry I am upon hearing of the passing of your dear wife.