Filing For Removal Of Conditions After Spouse's Death

[mrs. wife! 3]

So sorry for your loss. Hang in there. God bless you

[rebeccajo 14]

Nich-Nick -

No sponsorship is required for Removal of Conditions.

[Big Papa Zone 93]

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.

Thanks again. I'll wait until I've filed the joint return.

Nich-Nick -

No sponsorship is required for Removal of Conditions.

Thank God for that!!!

Jayde, Nagishaw, & Mrs Silverman - thank you.

Edited December 18, 2009 by Damian P

[Nich-Nick 3,354]

Nich-Nick -

No sponsorship is required for Removal of Conditions.

Ah, that's good to know. I haven't read a thing about Removal of Conditions yet as we're a year away. That thought just ran through my head about an Affidavit of Support and I know Damian isn't working right now while he's in school. Thanks.

[Big Papa Zone 93]

Ah, that's good to know. I haven't read a thing about Removal of Conditions yet as we're a year away. That thought just ran through my head about an Affidavit of Support and I know Damian isn't working right now while he's in school. Thanks.

Oh boy - is that ever about to change!!!

[Roselinda 5]

Damian

So sorry to hear about your loss!

My sympathys go out to you and your family!

Edited December 19, 2009 by Roselinda

[KnightAndMagpie 7]

Damien, I've been so out of touch that I completely missed this...Nich alerted me to it. :: Hugs :: I'm so sorry...God bless and give you strength.

Magpie and Knight.

[KnightAndMagpie 7]

:: sigh :: Couldn't even spell your name right -- DamiAn. Again, our thoughts and prayers are with you.

Magpie and Knight.

Edited December 20, 2009 by KnightAndMagpie

[Ellie-and-David 38]

So so sorry damian.

[Kathryn41 3,205]

Damian,

Did your wife file a tax return at all or was she not required to? Even if she filed separately it would have listed her as married and include your name and SSN on the return, so if she filed at all you could include that return. As well, you will be listed as the surviving spouse on the documents related to her passing (funeral arrangements, newspaper obituary, etc.). Did she include you in her will as her spouse or executor? That can also be used as evidence. Are you listed as her beneficiary in any type of pension or death benefits? You can also get affidavits from your stepchildren verifying your relationship. Again, I am so sorry this has happened. Good luck with everything.

[Nich-Nick 3,354]

Damian,

Did your wife file a tax return at all or was she not required to? Even if she filed separately it would have listed her as married and include your name and SSN on the return, so if she filed at all you could include that return. .

Damian and his wife were married April 2009, so her last tax filing would have been for the year 2008 and she was not married in 2008. Her first year to file married would be 2009 tax year, due April 2010. Damian can file jointly with her for 2009, even though she passed away during the year.

[Big Papa Zone 93]

Damian,

Did your wife file a tax return at all or was she not required to? Even if she filed separately it would have listed her as married and include your name and SSN on the return, so if she filed at all you could include that return. As well, you will be listed as the surviving spouse on the documents related to her passing (funeral arrangements, newspaper obituary, etc.). Did she include you in her will as her spouse or executor? That can also be used as evidence. Are you listed as her beneficiary in any type of pension or death benefits? You can also get affidavits from your stepchildren verifying your relationship. Again, I am so sorry this has happened. Good luck with everything.

Kathryn

My wife died intestate. The only life insurance policy she held was at her workplace. Her eldest daughter is the named beneficiary (she made that arrangement shortly after the child's birth in 1991, and never got around to altering it). I am the beneficiary of a small 401K fund, due to there being no other named beneficiary.

With regard to the affadavits, I'd sooner get them from the friends Amber and I met and socialised with as a couple, along with one from her brother. I think that will be more than sufficient; I don't want to put the kids through any more hassle.

Damian can file jointly with her for 2009, even though she passed away during the year.

Yes, I guess I can do that, but surely it becomes wholly irrelevant as evidence now that Amber has passed? Or am I missing something?

[Gemmie 142]

Damian, I've only just read this as I haven't been on here much.

I am so, so sorry for your loss. I remember how frustrating and complicated everything was for my dad when he lost my mum... the paperwork is a blur, and you never quite know if you've let the right people know about the passing - plus you're dealing with your own feelings. I can only imagine how you're feeling.

I don't know if there's anything I can offer you, as I don't know too much about immigration after getting the CGC, or about paperwork in the US following a bereavement. But still, if there's anything you can think of, please just let me know. Even if you want me to send out a resume for you in your area and job-field (you're having to quit school?).

My thoughts are with you and your family.

[Big Papa Zone 93]

Damian, I've only just read this as I haven't been on here much.

I am so, so sorry for your loss. I remember how frustrating and complicated everything was for my dad when he lost my mum... the paperwork is a blur, and you never quite know if you've let the right people know about the passing - plus you're dealing with your own feelings. I can only imagine how you're feeling.

I don't know if there's anything I can offer you, as I don't know too much about immigration after getting the CGC, or about paperwork in the US following a bereavement. But still, if there's anything you can think of, please just let me know. Even if you want me to send out a resume for you in your area and job-field (you're having to quit school?).

My thoughts are with you and your family.

Thank you, Gemmie. However, rest assured that I have absolutely no intention of quitting school; I will simply have to work evenings and weekends to make ends meet. And if that means flipping burgers, so be it!

[rebeccajo 14]

Damian -

I think the concern some may have for your case would be proving your marriage was bonafide via the normal means, which is sending proof of co-mingling of assets (the Service's standard method of deciding a couple is legit because fraudsters don't mix their money together).

Your marriage was short and that is going to be abundantly clear. You really didn't have a lot of time to 'mingle' assets and if I were in your shoes I would probably cover my petition with a letter stating such.

What probably wouldn't hurt your case at all would be statements in affidavits from your friends attesting to the length of the relationship prior to the marriage. That info may be in your case file to date, but I'd reiterate it in the ROC filing. I'd duplicate any other evidence I might also have on hand showing how long you knew each other prior to the marriage.

Thinking about you a lot.