A few questions before I file by myself

[Nordica 0]

Hello all,

In a few weeks, I'm planning to file for removal of conditions by myself, since my husband passed away in early spring. The questions that have popped up recently are:

1- For the cover letter, does anyone know if there is a specific law I can reference that applies to my circumstances (e.g. "I am eligible under XXX Section 123")?

2- Do you think it would be advisable for me to use a lawyer - is a denial likely in death-related cases, or is this doable by oneself?

3- If they do deny the I-751, could I file an I-360 (which is the "GC-for-widows-of-USCs" process) as a backup plan?

4- Your input on the evidence would be appreciated as well. We had been married only a year (and dated a year before that), so there isn't as much evidence as you'd have after two, but I've got the following:

• rental agreement with both names
• joint bank account statements
• used check copies with both names
• joint tax transcript for 2009
• life insurance policies with each other as beneficiaries
• car insurance with both names
• health insurance for us both
• 50+ pages in medical statements showing both names
• my pay stubs showing married status
• two affidavits from his family
• personal letter from me, explaining the situation
• death certificate with my name
• funeral home invoice in my name and credit card statement showing the charge
• cards and emails from family and friends, e.g. condolences
• correspondence of me keeping our friends updated on his health
• photo of me at the hospital with him, photo of me at the memorial service
• photos of our wedding, and others of us with both sets of parents
• both driver's licenses show our current address
• many envelopes showing both names, or one of our names but always same address

Edited April 21, 2010 by JustMeNow

[milimelo 4,568]

Sorry for your loss.

For I-751 - try searching USCIS website for memo on widows. I don't think you need a lawyer as you have plenty of evidence.

Let us know how it goes.

Edited to add: there was a member on this forum recently who went through ROC successfully - also lost a spouse.

Edited April 21, 2010 by milimelo

[Nordica 0]

Sorry for your loss.

For I-751 - try searching USCIS website for memo on widows. I don't think you need a lawyer as you have plenty of evidence.

Let us know how it goes.

Edited to add: there was a member on this forum recently who went through ROC successfully - also lost a spouse.

Thank you for your message and the encouragement, milimelo. (On the USCIS site, I keep finding the law about ROC with the wording "except in death-related cases".)

[TracyTN 237]

Hello all,

In a few weeks, I'm planning to file for removal of conditions by myself, since my husband passed away in early spring. The questions that have popped up recently are:

1- For the cover letter, does anyone know if there is a specific law I can reference that applies to my circumstances (e.g. "I am eligible under XXX Section 123")?

2- Do you think it would be advisable for me to use a lawyer - is a denial likely in death-related cases, or is this doable by oneself?

3- If they do deny the I-751, could I file an I-360 (which is the "GC-for-widows-of-USCs" process) as a backup plan?

4- Your input on the evidence would be appreciated as well. We had been married only a year (and dated a year before that), so there isn't as much evidence as you'd have after two, but I've got the following:

• rental agreement with both names
• joint bank account statements
• used check copies with both names
• joint tax transcript for 2009
• life insurance policies with each other as beneficiaries
• car insurance with both names
• health insurance for us both
• 50+ pages in medical statements showing both names
• my pay stubs showing married status
• two affidavits from his family
• personal letter from me, explaining the situation
• death certificate with my name
• funeral home invoice in my name and credit card statement showing the charge
• cards and emails from family and friends, e.g. condolences
• correspondence of me keeping our friends updated on his health
• photo of me at the hospital with him, photo of me at the memorial service
• photos of our wedding, and others of us with both sets of parents
• both driver's licenses show our current address
• many envelopes showing both names, or one of our names but always same address

I'm so sorry for your loss. I'll try to help as best I can.

1.) I do remember it being part of the Immigration and Nationality Act (aka INA). This may also help: http://law.justia.co...2.20.0.1.5.html

As you've probably figured out, Part 2 of the form is essentially where you 'claim' the waiver, and of course you would check box C to indicate that your spouse passed away. Just mention in your cover letter that you are applying with a waiver since the USC has died.

2.) Personally I think this one is do-able on your own. But as always, if you'd feel more comfortable having an immigration attorney give it the once over, that's not a bad idea.

3.) I'm actually not sure on this one, but I would presume so. See if others here are smarter about this than me (quite likely!) or if you do speak to an attorney, run it by them too.

4.) I think that looks great, though check the guide on VJ for removing conditions - there may be something they list there that you realize you have and could use, too. Utility bills spring to mind, though you may not have some of those in both names.

*edited for typo*

Edited April 21, 2010 by TracyTN

[Nordica 0]

I'm so sorry for your loss. I'll try to help as best I can.

1.) I do remember it being part of the Immigration and Nationality Act (aka INA). This may also help: http://law.justia.co...2.20.0.1.5.html

As you've probably figured out, Part 2 of the form is essentially where you 'claim' the waiver, and of course you would check box C to indicate that your spouse passed away. Just mention in your cover letter that you are applying with a waiver since the USC has died.

2.) Personally I think this one is do-able on your own. But as always, if you'd feel more comfortable having an immigration attorney give it the once over, that's not a bad idea.

3.) I'm actually not sure on this one, but I would presume so. See if others here are smarter about this than me (quite likely!) or if you do speak to an attorney, run it by them too.

4.) I think that looks great, though check the guide on VJ for removing conditions - there may be something they list there that you realize you have and could use, too. Utility bills spring to mind, though you may not have some of those in both names.

*edited for typo*

Thank you so much for your suggestions, Tracy. I did find legal language about the waiver on that website searching for the word "death" - do you think I should cite section (ii)?

§ 216.5 Waiver of requirement to file joint petition to remove conditions by alien spouse.

(a) General. (1) A conditional resident alien who is unable to meet the requirements under section 216 of the Act for a joint petition for removal of the conditional basis of his or her permanent resident status may file Form I–751, Petition to Remove the Conditions on Residence, if the alien requests a waiver, was not at fault in failing to meet the filing requirement, and the conditional resident alien is able to establish that:

(i) Deportation or removal from the United States would result in extreme hardship;

(ii) The marriage upon which his or her status was based was entered into in good faith by the conditional resident alien, but the marriage was terminated other than by death, and the conditional resident was not at fault in failing to file a timely petition; or

(iii) The qualifying marriage was entered into in good faith by the conditional resident but during the marriage the alien spouse or child was battered by or subjected to extreme cruelty committed by the citizen or permanent resident spouse or parent.

[TracyTN 237]

Thank you so much for your suggestions, Tracy. I did find legal language about the waiver on that website searching for the word "death" - do you think I should cite section (ii)?

§ 216.5 Waiver of requirement to file joint petition to remove conditions by alien spouse.

(a) General. (1) A conditional resident alien who is unable to meet the requirements under section 216 of the Act for a joint petition for removal of the conditional basis of his or her permanent resident status may file Form I–751, Petition to Remove the Conditions on Residence, if the alien requests a waiver, was not at fault in failing to meet the filing requirement, and the conditional resident alien is able to establish that:

(i) Deportation or removal from the United States would result in extreme hardship;

(ii) The marriage upon which his or her status was based was entered into in good faith by the conditional resident alien, but the marriage was terminated other than by death, and the conditional resident was not at fault in failing to file a timely petition; or

(iii) The qualifying marriage was entered into in good faith by the conditional resident but during the marriage the alien spouse or child was battered by or subjected to extreme cruelty committed by the citizen or permanent resident spouse or parent.

I don't think it could hurt. Honestly I think you'd be ok without it, but sometimes it never hurts to have a little extra piece of mind. Plus it proves to them that you've done your homework too.

[Nordica 0]

Thanks so much, Tracy! With your help, I finally found the legal wording:

If the joint petition cannot be filed due to the termination of the marriage through annulment, divorce, or the death of the petitioning spouse, or if the petitioning spouse refuses to join in the filing of the petition, the conditional permanent resident may apply for a waiver of the requirement to file the joint petition in accordance with the provisions of §216.5 of this part.

But then going to 216.5, that law states that it applies only to cases where "the marriage was terminated other than by death". Hmm. So you file "in accordance" to the waiver law, but not actually "under" the waiver law?

Edited April 21, 2010 by JustMeNow

[TracyTN 237]

I interpret it as you do ('in accordance' but not 'under'). This is why I could never be a lawyer though. That hurts my bwain!!

[Nordica 0]

I interpret it as you do ('in accordance' but not 'under'). This is why I could never be a lawyer though. That hurts my bwain!!

Oh, neither could I! It's bad enough trying to comprehend that stuff...

[TracyTN 237]

Definitely! My best friend is a prosecutor and I don't know HOW she does it!!!

[ITALO 0]

your signature breaks my heart. May God guide you thru this process. im so sorry for ur loss. Good luck sweetheart