death of petitioner before visa issued

[drpiyushjani 0]

hello,

I am asking this for my sister case. her mother in law filed her petitioned and now her case is totally complete at NVC and they sent it to Bombay consulate. Now she is waiting for visa date. But her mother-in-law is old age and very sick now a days..so she is worried about her case. she is the only one in her family in India..

so can someone please tell me, if something happens to her mother in law, can she and her family still get the visa to USA? or her file will be cancelled?

Please help me..her case was complete at NVC on Nov 24,2009.

I hope her mother in law will get better soon and the God gives her long life!!

thanks in advance!!

[Starlight95 1]

hello,

I am asking this for my sister case. her mother in law filed her petitioned and now her case is totally complete at NVC and they sent it to Bombay consulate. Now she is waiting for visa date. But her mother-in-law is old age and very sick now a days..so she is worried about her case. she is the only one in her family in India..

so can someone please tell me, if something happens to her mother in law, can she and her family still get the visa to USA? or her file will be cancelled?

Please help me..her case was complete at NVC on Nov 24,2009.

I hope her mother in law will get better soon and the God gives her long life!!

thanks in advance!!

If her mother in law filed for her means that she was married to her son. Her son is the USC and that is all they care for is the husband. Her mother in law would not have any relevance. The son should be the one responsible for finishing the paperwork as his wife is in India. The mother in law is not the petitioner if they file a CR-1.

Star

[illnevergetthis 5]

Is her husband the petitioner? and did the mother-in-law sign the affidavit of support?

[aaron2020 11,651]

If her mother in law filed for her means that she was married to her son. Her son is the USC and that is all they care for is the husband. Her mother in law would not have any relevance. The son should be the one responsible for finishing the paperwork as his wife is in India. The mother in law is not the petitioner if they file a CR-1.

Star

Where are you getting that the son is a USC??? The OP probably means that the mother-in-law filed for her son and his family. The OP is focused on his sister who is the beneficiary's wife.

[Dakine 26]

hello,

I am asking this for my sister case. her mother in law filed her petitioned and now her case is totally complete at NVC and they sent it to Bombay consulate. Now she is waiting for visa date. But her mother-in-law is old age and very sick now a days..so she is worried about her case. she is the only one in her family in India..

so can someone please tell me, if something happens to her mother in law, can she and her family still get the visa to USA? or her file will be cancelled?

Please help me..her case was complete at NVC on Nov 24,2009.

I hope her mother in law will get better soon and the God gives her long life!!

thanks in advance!!

If the petitioner dies the petiton is history.

[kkmij_13 0]

If the petitioner dies the petiton is history.

No, i have read somewhere in other forum that recently prez. obama has signed and there is a change in this rule , petition is still continue even after death of petitioner

[Justine+David 218]

I thought that only applied to widows of US citizens?

[luv2uallday 1]

No, i have read somewhere in other forum that recently prez. obama has signed and there is a change in this rule , petition is still continue even after death of petitioner

I believe that obama thing was relief for widows. it has no relavence to petitioners. Basically if the petitioner dies the petition dies with it. BUT there is a slight chance to get a green card and that is called Humanitarian Reinstatement.

there are a number of factors that have to be met in order to qualify.

1. you have to prove it would be an extreme hardship on the family in the USA if that family member wer not able to be reunited

2. and or strong family ties most of the family is already in the USA

3. or major medical reasons that would compel the necessaity of the family member being allowed a green card

one or a combination of these and other factors would have to be met in order to qualify. This isn't easy to get but maybe your only option if you find out the petition is dead. If it's not then you have other options..

I wish you the best of luck also to sayh I am not a lawyer plz consult the advice of a qualified lawyer. I am only telling what I know no garentee of accuracy. plz verify everything u hear through a qualified lawyer before you make a decision. thank you

[Bobby+Umit 161]

I believe that obama thing was relief for widows. it has no relavence to petitioners. Basically if the petitioner dies the petition dies with it. BUT there is a slight chance to get a green card and that is called Humanitarian Reinstatement.

there are a number of factors that have to be met in order to qualify.

1. you have to prove it would be an extreme hardship on the family in the USA if that family member wer not able to be reunited

2. and or strong family ties most of the family is already in the USA

3. or major medical reasons that would compel the necessaity of the family member being allowed a green card

one or a combination of these and other factors would have to be met in order to qualify. This isn't easy to get but maybe your only option if you find out the petition is dead. If it's not then you have other options..

I wish you the best of luck also to sayh I am not a lawyer plz consult the advice of a qualified lawyer. I am only telling what I know no garentee of accuracy. plz verify everything u hear through a qualified lawyer before you make a decision. thank you

It is for widows of USC's -

source

[calOC 0]

hello,

I am asking this for my sister case. her mother in law filed her petitioned and now her case is totally complete at NVC and they sent it to Bombay consulate. Now she is waiting for visa date. But her mother-in-law is old age and very sick now a days..so she is worried about her case. she is the only one in her family in India..

so can someone please tell me, if something happens to her mother in law, can she and her family still get the visa to USA? or her file will be cancelled?

Please help me..her case was complete at NVC on Nov 24,2009.

I hope her mother in law will get better soon and the God gives her long life!!

thanks in advance!!

Please see section II of this USCIS memo from 2002 - http://www.uscis.gov/files/pressrelease/PL107_150Pub.pdf.

It appears that another family member can become a subsitute sponsor.

[PanamaJack 1]

DEAD is DEAD Petitioner dies so does the Petition......

[calOC 0]

Please see section II of this USCIS memo from 2002 - http://www.uscis.gov/files/pressrelease/PL107_150Pub.pdf.

It appears that another family member can become a subsitute sponsor.

Here is another document about humanitarian reinstatement of a dead I-130 petition.

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

[payxibka 10,047]

hello,

I am asking this for my sister case. her mother in law filed her petitioned and now her case is totally complete at NVC and they sent it to Bombay consulate. Now she is waiting for visa date. But her mother-in-law is old age and very sick now a days..so she is worried about her case. she is the only one in her family in India..

so can someone please tell me, if something happens to her mother in law, can she and her family still get the visa to USA? or her file will be cancelled?

Please help me..her case was complete at NVC on Nov 24,2009.

I hope her mother in law will get better soon and the God gives her long life!!

thanks in advance!!

I assume the mother petitioned for her child (son) as the beneficiary and your sister is a derivative... as a MIL is not an eligible petitioner for your sister as the beneficiary.

[drpiyushjani 0]

thanks for all your reply!!!

sorry I could not reply on time..

actually my sister's husband is beneficiary and their case is already completed at NVC and it is at mumbai consulate now and waiting for visa date..

let's wait and watch, what will happen? i hope she will get IV date in March..

thanks

[Darnell 8,479]

who was the petitioner?

i think it is clear the Mother In Law is a sponser, yes? but is she the primary sponser or the co-sponser for the I-864?