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

[smithfield 0]

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.

Thanks Hypnos,

As you said.. How will he get notified by USCIS or NBC ..??

He is still in India.. It's has been already 2 months that his wife passed away. He hasn't received any mail from them yet. Plz help me out in this regard..

[Hypnos 6,576]

His letter to the NBC should have been added to his file and they will adjudicate his pending I-130 as a pending I-360. If for some reason that doesn't happen and he receives notification that his I-130 has been approved as an I-130 then he should contact the NBC again.

I believe it's taking the NBC around six months to initially process I-360s (it's difficult to gauge because these numbers aren't officially published), so I would aniticipate him hearing something within six months of the I-130 having been filed.

[smithfield 0]

His letter to the NBC should have been added to his file and they will adjudicate his pending I-130 as a pending I-360. If for some reason that doesn't happen and he receives notification that his I-130 has been approved as an I-130 then he should contact the NBC again.

I believe it's taking the NBC around six months to initially process I-360s (it's difficult to gauge because these numbers aren't officially published), so I would aniticipate him hearing something within six months of the I-130 having been filed.

Hi Hypnos,

Thanks for your prompt reply.

As his wife passed away, nobody lives in that mentioned address for USCIS to receive mails in USA.

Is NBC or USCIS going to send mails to his Indian address ..??(mentioned in the copy of benificiary passport, explanation letter to NBC, petitioner mentioned in I-130).

[Hypnos 6,576]

That is what is meant to happen.

He should keep a close eye on the online status update for his receipt number, to make sure the changes go through as they should.

[smithfield 0]

That is what is meant to happen.

He should keep a close eye on the online status update for his receipt number, to make sure the changes go through as they should.

Thanks for knowing me all the information regarding this.

Does he need to show the original certificates of his wife at the time of interview, at Indian US Consular in India ?? Or just need to show the copies of originals ..??

[Hypnos 6,576]

Yes, he will need to show the consular officer original certified copies of his:

- birth certificate

- marriage certificate

- US citizen spouse's death certificate

- evidence that his spouse was a US citizen (this could be a copy of their naturalisation certificate, if they were a naturalised US citizen; a copy of their birth certificate, if born in the US; a copy of their US passport that was valid at the time of their death; or a CRBA certificate showing the spouse was born outside the US but derived citizenship through one or both of their parents at birth).

Edited August 24, 2013 by Hypnos

[smithfield 0]

Yes, he will need to show the consular officer original certified copies of his:

- birth certificate

- marriage certificate

- US citizen spouse's death certificate

- evidence that his spouse was a US citizen (this could be a copy of their naturalisation certificate, if they were a naturalised US citizen; a copy of their birth certificate, if born in the US; a copy of their US passport that was valid at the time of their death; or a CRBA certificate showing the spouse was born outside the US but derived citizenship through one or both of their parents at birth).

Thank you very much for your help..

I let you know, if he get any reply from NBC or USCIS.