joint sponsor death before gc interview

[jferrante 0]

Hello everyone. I enter the us with a k1 visa. We were living abroad for a long time an then me and my wife (the us citizen one) came to live in the us last July. One of the main reasons to move was to be closer to her mother that now is 86. When we were living abroad I was the one who was working out of the home an earning money, she was basically staying at home with our daughter. So we came into the us with the k1 visa, got married (we were not married before) and filled for the aos. My wife is not working and I'm not able to work under the laws of this country (not ead yet). The only joint sponsor was her mother who has a very decent income from her assets and savings. Now, I received an appointment for a gc interview on dec. 1st. great! the only sad thing is that in the meanwhile my mother in law is very ill and it is a real possibility that she is not going to make it for dec. 1st appointment.... very sad. what should I do in case she dies? should I we actively looking right now for a new joint-sponsor. what happens in this case?

[Jojo92122 1,924]

Hello everyone. I enter the us with a k1 visa. We were living abroad for a long time an then me and my wife (the us citizen one) came to live in the us last July. One of the main reasons to move was to be closer to her mother that now is 86. When we were living abroad I was the one who was working out of the home an earning money, she was basically staying at home with our daughter. So we came into the us with the k1 visa, got married (we were not married before) and filled for the aos. My wife is not working and I'm not able to work under the laws of this country (not ead yet). The only joint sponsor was her mother who has a very decent income from her assets and savings. Now, I received an appointment for a gc interview on dec. 1st. great! the only sad thing is that in the meanwhile my mother in law is very ill and it is a real possibility that she is not going to make it for dec. 1st appointment.... very sad. what should I do in case she dies? should I we actively looking right now for a new joint-sponsor. what happens in this case?

If she dies before the interview, you will need a new joint sponsor. You would need to inform the interviewer that your MIL died. You will be asked to provide a new joint sponsor.

[NigeriaorBust 4,087]

This is kind of morbid but if your MIL dies her estate will be divided according with her will. Assuming your wife and she are on good terms and that there are few/no siblings or other places she will leave her money will the part of her estate that becomes your wifes assets allow you to pass on assets alone ?

[JimVaPhuong 4,863]

This is kind of morbid but if your MIL dies her estate will be divided according with her will. Assuming your wife and she are on good terms and that there are few/no siblings or other places she will leave her money will the part of her estate that becomes your wifes assets allow you to pass on assets alone ?

Hmmm. Well, even if his MIL passes away tomorrow I think there's very little chance that the probate would be settled before the interview. The only time I've ever seen this process completed quickly is if there's a surviving spouse who inherits everything by default. In that case, there's nothing like notice to creditors or estate value appraisals to go through - the surviving spouse continues where the deceased spouse left off. In every other case, there's an extended process they have to go through. Even with a clearly defined and uncontested will, they still have to notify creditors, get tax clearance letters, and make sure any claims against the estate have been represented. That stuff takes time.

In any case, the law is clear that an affidavit of support is not enforceable on a deceased sponsor, so they would definitely reject it. He should probably be prepared with an alternative joint sponsor. Or, his wife could get a job...

[bigdog 376]

I would find an alternate sponsor just in case. Sorry for the bad news.