Death of USC spouse...I'm lost

[Nordica 0]

Something horrrible has happened and my spouse has suddenly passed. I feel completely lost and have no idea what to do now. My conditional PR expires in mid 2011. If I understand correctly, I'll have to remove conditions on my own with a widow waiver. This is where my questions begin.

1- Since my conditional GC is based on marriage, am I out of status now?

2- Do I still have to wait until the 90-day window of the 2 year anniversary or can I/must I file earlier?

3- Do I use form I-751 or I-360 (which is a widow's petition for GC)?

4- Is this what the 2009 law change regarding the widow penalty is about? (if so, I'd like to get a lawyer)

I'm not sure I'll be able to afford a lawyer because there is a mountain of medical bills and funeral costs - so your input would be highly appreciated.

Thanks in advance.

[Fandango 1,440]

I have no expertise or concrete knowledge in what you're asking, but I'm sure someone will come along soon to help you. I just wanted to say I am very sorry for your loss

[connyk 0]

I am so sorry for your loss

[NArocks 13]

On the I-751 instrcutions it states you would need to file the waiver if your spouse is deceased. I-751 Instructions

You would need to file the I-360 see here for instructions if your spouse is deceased I-360 Instructions

Sorry for your loss

[summersurf 10]

I'm not sure about the answers you need but you'll definitely get helps in no time from the experienced ones. I just wanted to let you know that our condolences are for you. We'll be backing you up in prayers thru this difficult times..

J&C

[meauxna 15]

My condolances for your loss, especially so early in your marriage.

My conditional PR expires in mid 2011. If I understand correctly, I'll have to remove conditions on my own with a widow waiver. This is where my questions begin.

1- Since my conditional GC is based on marriage, am I out of status now?

NO. You are a Permanent Resident until a judge says otherwise.

2- Do I still have to wait until the 90-day window of the 2 year anniversary or can I/must I file earlier?

NO, you do not have to (nor should you) wait until your normal 90 day window. See below.

3- Do I use form I-751 or I-360 (which is a widow's petition for GC)?

http://www.uscis.gov/files/form/i-751instr.pdf

On page one of the instructions for I-751, the waiver of the joint filing provision covers your situation.

4- Is this what the 2009 law change regarding the widow penalty is about? (if so, I'd like to get a lawyer)

It is not what the widow penalty is about (or the I-360, that post is incorrect). The I-360 would be in lieu of the I-130, which you've already had approved with your AOS. You need to document the bona fide nature of your marriage (ie that you entered the marriage in good faith, see instructions) and provide the death certificate as evidence of its conclusion.

You may find it a good investment to have a lawyer guide you through this part if you plan on staying in the US and have so many other things on your mind right now. The fee should be fairly reasonable.

[Myopia 93]

Hello there

I am really very sorry that you have to deal with the sudden death of your partner. I know only too well how mind numbing it is to lose someone close to you in a sudden way. Please try not to worry about these immigration matters at this time. The next few days and weeks will be difficult enough as it is. Check to see if your husband had some kind of insurance policy that would have covered death and those expenses that arise as a result. In your state there may be a fund to help with the funeral expenses. Please check ..there was one in my state (NY).

Again I feel very bad that you have to go through this.

[Nordica 0]

Thank you all very much for your warm wishes. It is good to hear that this doesn't mean falling out of status, so I don't have to deal with this right away and can do it when things have settled a bit. My spouse's family and I are still in shock.

We did have a small life insurance policy but it will only cover half of the medical bills. Nevertheless, I think I will go the safe route and get assistance from the lawyer that helped us with the AOS last year.

From the bottom of my heart, thank you all again for your input and help. Please stay safe and healthy. Health really is the most important thing in life.

[coraliesolms 47]

Im so sorry for your loss!! Its heartbreaking to go through this long journey only to have the rug pulled out from underneath you. You have all of our support Im sure (both emotionally and with advice). Stay close to his family, they will be your greatest draw of strength right now.

[beverly.ann 0]

Something horrrible has happened and my spouse has suddenly passed. I feel completely lost and have no idea what to do now. My conditional PR expires in mid 2011. If I understand correctly, I'll have to remove conditions on my own with a widow waiver. This is where my questions begin.

1- Since my conditional GC is based on marriage, am I out of status now?

2- Do I still have to wait until the 90-day window of the 2 year anniversary or can I/must I file earlier?

3- Do I use form I-751 or I-360 (which is a widow's petition for GC)?

4- Is this what the 2009 law change regarding the widow penalty is about? (if so, I'd like to get a lawyer)

I'm not sure I'll be able to afford a lawyer because there is a mountain of medical bills and funeral costs - so your input would be highly appreciated.

Thanks in advance.

[beverly.ann 0]

I am so sorry for your loss. It is heartbreaking, that I know from experience. There are those who will help you, if only to cry with you. Bless you.

[Kathryn41 3,205]

I am so sorry for your loss . My sincere condolences to you and your family.

[SuperDuper! 230]

Where is Otto and his 3 minute responses when we need him most!

[John and Camie 39]

You are in my thoughts and prayers. I am so sorry for your loss. *hugs*

[OBX 51]

So sorry for your loss. My deepest sympathies.