pending Cr1 application

[junebride 0]

hello to all my fellow vj,

please help me with my case now cause im confused if what should i do first. Cause im already a widow and after a month when my husband passed away i track our case and it say that they approve our I-130 petition so thats noa2 right. so now my concern is what happen now to my petition? as i know theirs a new law now for widows petition sign by obama. where should i go first to our lawyer who hold our paper work thats our lawyer when my husband still alive? or should i directly call the USCIS to inform them my case?

please help me for those someone here who know about this matter and those who have experience like my situation now. thanks a lot and More power..

[English Muffin 59]

Moving from UK regional forum to Major Effects forum.

[rika60607 215]

Unfortunately for you, the new widow law protects widows who's AOS was pending when their spouse had died.

It does not apply to you, as you did not enter the US yet, when your husband died.

USCIS probably just does not know about your husband's death.

But of course, you could talk to a lawyer and see if they can come up with some crazy scheme for you. There may be some arrangement where your husband's family may petition you.

[JimVaPhuong 4,863]

Unfortunately for you, the new widow law protects widows who's AOS was pending when their spouse had died.

It does not apply to you, as you did not enter the US yet, when your husband died.

USCIS probably just does not know about your husband's death.

But of course, you could talk to a lawyer and see if they can come up with some crazy scheme for you. There may be some arrangement where your husband's family may petition you.

No "crazy scheme" is necessary. The new law does not require the widowed alien spouse to be in the US. In fact, it doesn't even require the deceased US citizen to have ever petitioned for an immigrant visa for the spouse. They file an I-360 petition based on being the widow of a US citizen. If the I-360 is approved, then they are eligible to apply for a visa.

I-130's filed before the US citizen died are supposed to be automatically converted to I-360 cases, as soon as USCIS learns about the death. However, there is a two year window after the bill's passage for USCIS to get caught up, during which the widowed alien spouse would still have to file their own I-360.

Note that an I-360 petition requires proof of good faith marriage.

There's an article on the ILW website about this:

http://www.ilw.com/articles/2009,1105-renison.shtm

EDIT: Sorry about the broken link, but the new forum software apparently takes a dim view of URL's with commas in them. Copy and paste the whole thing into your browser's address box.

Edited March 15, 2010 by JimVaPhuong

[rika60607 215]

Pretty cool, thanks for correcting me!

The new law does not require the widowed alien spouse to be in the US. In fact, it doesn't even require the deceased US citizen to have ever petitioned for an immigrant visa for the spouse. They file an I-360 petition based on being the widow of a US citizen. If the I-360 is approved, then they are eligible to apply for a visa.

[3600rs 24]

No "crazy scheme" is necessary. The new law does not require the widowed alien spouse to be in the US. In fact, it doesn't even require the deceased US citizen to have ever petitioned for an immigrant visa for the spouse. They file an I-360 petition based on being the widow of a US citizen. If the I-360 is approved, then they are eligible to apply for a visa.

I-130's filed before the US citizen died are supposed to be automatically converted to I-360 cases, as soon as USCIS learns about the death. However, there is a two year window after the bill's passage for USCIS to get caught up, during which the widowed alien spouse would still have to file their own I-360.

Note that an I-360 petition requires proof of good faith marriage.

There's an article on the ILW website about this:

http://www.ilw.com/articles/2009,1105-renison.shtm

EDIT: Sorry about the broken link, but the new forum software apparently takes a dim view of URL's with commas in them. Copy and paste the whole thing into your browser's address box.

The link below may not be directly helpful to the OP but its a helpful case for a widow.

http://www.justice.gov/eoir/vll/intdec/vol25/3670.pdf

great posts Jim as usual. thanks