US Citizen was passed away while I-130 petition is under process for her Alien spouse.

[smithfield 0]

Hi Everybody,

My friend have a situation here. He got married to us citizen on march 2013 in India. The US citizen was applied I-130 for his husband on may 20th and approved, received NOA 1 on 24th may in USA. Unfortunately she was passed away last month in USA. Her husband is still in India. I have read in USCIS webstate, If the petitioner was passed away while I-130 is under process for her Alien Spouse.. That I-130 is going to be converted in I-360(petition for widow). Please refer this link

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=3d7fa6c515083210VgnVCM100000082ca60aRCRD&vgnextoid=40d9ca07be2e3210VgnVCM100000082ca60aRCRD

How he would get intimated by USCIS for further visa procedure..??

He send a speed postal mail (including explanation letter, death certificate issued by USA gov, Note of Action certificate, us citizen passport) to National Benifits Center in MO. The post was reached to NBC 15 days ago.. but he did not get any information from NBC yet. Please help him out in this regard.

Thanks in advance.

[NikLR 13,231]

***Moved to effects of major family changes forum from CR1/IR1 process and procedures***

[Deep2009 18]

I think your friend do not have to do anything here.

Widow(er) With Pending or Approved Immigrant Petition

If you were married to a U.S. citizen who had filed Form I-130, Petition for Alien Relative for you before he or she died, you do not need to file anything. The Form I-130 will be automatically converted to a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. If you have children (unmarried and under age 21), they may be included on the Form I-360 regardless of whether your deceased spouse had filed a petition for them.

To qualify, you must not have have been divorced or legally separated from the U.S. citizen at the time of death. Your eligibility to immigrate as a widow(er) ends if you have remarried.

[smithfield 0]

Thanks Deep2009 for your prompt reply...

What is my friend do not have to do here..??

Does he need to wait for NBC reply..??

Are they going to contact his India address...???

He was tried to reach NBC by call but.. no luck..

[TimeTravel 78]

CR-1 visa is to get family reunited. Since he has no one there now in USA, then why does he care for this visa?

[smithfield 0]

Hi Time Travel,

As his wife is US Citizen, he has a right to get US Immigration benefits. Please refer to this link.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=3d7fa6c515083210VgnVCM100000082ca60aRCRD&vgnextoid=40d9ca07be2e3210VgnVCM100000082ca60aRCRD

[kzielu 1,149]

Hi Time Travel,

As his wife is US Citizen, he has a right to get US Immigration benefits. Please refer to this link.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=3d7fa6c515083210VgnVCM100000082ca60aRCRD&vgnextoid=40d9ca07be2e3210VgnVCM100000082ca60aRCRD

That's cool, but it wasn't the question...

[smithfield 0]

Hi kzeilu,

Whats your question..?? I did'nt get you sorry..

[Karee 4,191]

Hi kzeilu,

Whats your question..?? I did'nt get you sorry..

The question is what's the point of the husband coming to the U.S. if the wife passed away?

[Hypnos 6,578]

Perhaps in the hopes of a better life, or to start over in a new country, or maybe they just really like the coffee over here. The OP's motivations for wanting to come to the US are not germane; they are entitled to obtain an immigrant visa as the widow of a US citizen as a matter of law, and that's that.

Since the office handling the I-130 has already been contacted and informed that the petitioner is now deceased, then you should not have to do anything. The pending I-130 will be automatically converted into a pending I-360 under 8 CFR 204.2(i) and will be adjudicated as such.

[LmmL 46]

This is interesting..

I wonder if US government/USCIS/NVC will give the visa if the he has no child (if he has child then I think he deserve it though)

How about finance? His wife has money/property/vehicles, will he counted to have the shares?

This is really interesting..

Edited August 19, 2013 by ButterflyAngelo

[Hypnos 6,578]

A widow/er of a US citizen remains an immediate relative under US immigration law, and provided they file an I-360 within two years of the US citizen's death then they can obtain either an immigrant visa or file for adjustment of status (if they are already present in the US and entered legally).

No affidavit of support is required for widow/er petitions, applicants must simply file an I-864W in lieu of an I-864.

[sonalika 1]

thank you...but what is the use of I.864w,i con't undestnd..

[Hypnos 6,578]

The "W" stands for "waiver" and it demonstrates that you are not subject to filing a normal I-864.

[smithfield 0]

A widow/er of a US citizen remains an immediate relative under US immigration law, and provided they file an I-360 within two years of the US citizen's death then they can obtain either an immigrant visa or file for adjustment of status (if they are already present in the US and entered legally).

No affidavit of support is required for widow/er petitions, applicants must simply file an I-864W in lieu of an I-864.