CR1 visa processing

[junebride 0]

Hello my fellow vjiers,

I just want to ask cause im wondering if what happens already to my processing of CR1 visa. isnt it still valid even thou your petitioner was already died ? even i have already the NOA1. I can still go to US? cause its been 4months since we filed my petition and until now i didnt get yet any feedback from our lawyer who work with our papers.

Please help me. God bless

[RVIANE♛ 5]

If the petitioners dies it cancels the visa petition. If the petitioner dies before the visa is approved there is no way to continue the petition.

you may need to read this Petioner's Death

im sorry for your lost

[DouglasFiel 53]

Hello my fellow vjiers,

I just want to ask cause im wondering if what happens already to my processing of CR1 visa. isnt it still valid even thou your petitioner was already died ? even i have already the NOA1. I can still go to US? cause its been 4months since we filed my petition and until now i didnt get yet any feedback from our lawyer who work with our papers.

Please help me. God bless

The law changed last October... I believe the answer is YES... You can still immigrate.

Please read...

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

A paragraph from that link.

Pending Form I-130, Petition for Alien Relative

As of October 28, 2009, any pending Form I-130 that was filed on a widow(er)’s behalf prior to the citizen spouse’s death will automatically convert to a widow(er)’s Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, so long as, on the date of the citizen spouse’s death, they qualified as an immediate relative under the INA and the FY2010 DHS Appropriations Act. Additionally, any Form I-130 that has been the subject of litigation in any Federal court on the issue of the effect of the petitioner’s death is reopened for a new decision as of December 2, 2009, the date of issuance of the USCIS implementing directive. USCIS will identify those cases that are the subject of litigation that was pending on October 28, 2009. Once a case is identified, USCIS will notify the widow(er) in writing that their Form I-130 has been reopened and adjudicated as a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Eligibility for classification as an immediate relative ceases if the widow(er) remarries.

Also from the Q & A..

Questions & Answers

Q. If my U.S. citizen spouse has passed away, and I do not have a petition pending with USCIS, how do I obtain status as a widow(er)?

A. If your U.S. citizen spouse died on or after October 28, 2009, you will have two years from the date of the citizen spouse’s death to file a Form I-360 petition. If your U.S. citizen spouse died before October 28, 2009, and you did not have a Form I-130 pending on October 28, 2009, you have until October 28, 2011, to file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant for you and your unmarried minor children

Q. As a widow(er) of a U.S. citizen, am I required to submit a Form I-864, Affidavit of Support?

A. No. Under the INA, a widow(er) of a citizen and his or her accompanying children are not required to submit Form I-864, Affidavit of Support.

Also, keep in mind,, there may be fee waivers available,,, and,,, ability to collect Social Security once you migrate.

regards,

[junebride 0]

thank you so much for enlightened my mind regarding my case, now i have idea already.