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Filed: Timeline
Posted

My father filed the i-130 for me. We were near the end--only the medical

and interview were left. I notified the NVC in May 2013 that he passed away.

Now I'm in the post-decision activity phase, but wondering why didn't the

NVC revoke the petition in May rather than having me wait all this time. I can

only assume that the petition will be revoked?

Posted

Post decision activity probably is the stage at USCIS which is different from NVC, as mime on the USCIS website has been saying post decision since 2009. However you need to research humanitarian re-instatement and write to NVC, requesting humanitarian re-instatement. I know of cases where people were successful. Do you have any other close family members in USA ? Do not waste time. That is one of my biggest fears and was just telling someone that today as my mom is in her 70's. Don't give up !!

Filed: Country: Vietnam (no flag)
Timeline
Posted

Are you looking at the website for USCIS or the NVC?

The last time I checked, the NVC does not provide a current status website.

If you are looking at the website for USCIS, then post-decision activity means that the I-130 was approved and sent to the NVC. It's not updated after that, so your father's death does not change anything on the USCIS website.

The I-130 was automatically revoked by law when your father died.

Filed: Country: Vietnam (no flag)
Timeline
Posted

Contact them asap, I'd ask to continue based on his

properties also, if he has a wife welling to continue

the process. Since May you should have asked about

expedite. was he buried in the US did you go?

WHAT?????

What does properties have to do with anything?

What does an expedite have to do with this? Where is the hardship to the US citizen petitioner?

Where are your getting this from?

A substitute petitioner is only possible if there is a hardship to the US substitute sponsor that qualifies for humanitarian relief.

Posted

WHAT?????

What does properties have to do with anything? AGREE

What does an expedite have to do with this? Where is the hardship to the US citizen petitioner? AGREE

Where are your getting this from?

A substitute petitioner is only possible if there is a hardship to the US substitute sponsor that qualifies for humanitarian relief. NOT NECESSARILY. We spoke with our immigration lawyer about this potential scenario (my petitioner is of an age). We were told that if there are other immediately relatives willing to become the new petitioner, we would still be able to apply for a "humanitarian reinstatement" as part of the reuniting families provision. Depending on who the new petitioner was, the category would change. I certainly hope this would still be the case; either way the OP shouldn't delay if there is any possibility of reinstatement.

 
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