BREAKUP OF MARRIAGE/DEATH OF AMERICAN SPOUSE

[rjgacek 6]

I have two questions I would like to pose and hoping someone will have some knowledge to answer them, please.

1. For the K-1 visa spouse after getting her/his unconditional greencard approved, does he/she have to be married to the same, original spouse to apply for citizenship, or if he/she gets a divorced and remarries after the unconditional greencard is issued is he/she still eligible for citizenship, or does the marriage have to be with the same person from the start of the process??

2. If the American spouse should pass away (die)anytime during the process of the conditional or unconditional greencard process can the immigrant spouse still continue on to get the greencard and the citizenship, or will he/she have to go back to their home country??

Hope I am not making this confusing, but would like to know for future reference.

Thank you

Ron

[joevegas 67]

[rjgacek 6]

For future reference?

You can see a divorce or your spouse dying within the near future?

Three years down the road for the unconditional green card and for my wife to apply for citizenship where anything can happen. the future is not foreseeable, so if you have some legitimate answers as far as legalities, I would appreciate it. If you dont, dont respond please.

I am looking for some type of legal answers to my questions , which I am assuming there is

Thank you

Why would someone want to stay in states after their spouse pass away during their visa process.

Well maybe, just maybe, there homeland is nothing to go back to, economy, safety wise, etc. Would that not be a good enough reason?

Thank you

[Possiblymaybe 371]

Once the conditional green card is received, the US spouse is no longer needed for further processes. The foreign spouse could remove conditions on their green card in the event of divorce or death of the US spouse by proving that the marriage was entered into in good faith.

People are going to jump all over you because of the way you asked the question. They will assume you are the beneficiary trying to get a green card without regard for the US spouse, when in fact you are the US spouse trying to secure your wife's future. Ignore the negativity.

[sharky-rex 76]

I have two questions I would like to pose and hoping someone will have some knowledge to answer them, please.

1. For the K-1 visa spouse after getting her/his unconditional greencard approved, does he/she have to be married to the same, original spouse to apply for citizenship, or if he/she gets a divorced and remarries after the unconditional greencard is issued is he/she still eligible for citizenship, or does the marriage have to be with the same person from the start of the process??

2. If the American spouse should pass away (die)anytime during the process of the conditional or unconditional greencard process can the immigrant spouse still continue on to get the greencard and the citizenship, or will he/she have to go back to their home country??

Hope I am not making this confusing, but would like to know for future reference.

Thank you

Ron

Okay... you do realize at fist it sounded like you were plotting to kill your spouse, right? Disturbing. But I do understand wanting to protect your spouse should something happen to you, so... Your questions are a bit mixed up, but I'll try to answer them to the best of my ability

The K1 process typically looks like this: K1 -> get married in the US -> file for (conditional) greed card (AOS) -> removal of conditions 2 years later (ROC) -> citizenship.

1.) Should the petitioner die before they get married or refuse to file AOS the beneficiary has to return to their home country. There's a clause there for abuse but I'm not comfortable touching that with the way you asked the question.

2.) If the divorce or death happen after the beneficiary receives the conditional green card but before ROC they'll need to prove they entered into the marriage in good faith. So, they can still get an unconditional green card, but the burden is on them to prove they didn't get married just to get a green card.

3.) Citizenship. If at that point the beneficiary is still married to the original petitioner, they can file after 3 years of receiving their green card. If they're divorced or widowed, they can file after 5 years of receiving their green card. If at any point in this process it's discovered that the marriage was just to get a green card, they'll be deported. And the burden is on them to prove everything was legit.

...please don't kill anyone.

edit: Oh, and of course they can remarry. It would look suspicious if it happens too soon after the divorce/death, or if the person they're marrying is someone from their home country etc.

Edited March 5, 2014 by sharky-rex

[christeen 966]

Perhaps, the petitioner is not i. Good health and they are looking at what her situation would be? anyway, not my place to judge... If you divorce, you can apply to remove conditions if you entered into the marriage in good faith... Citizenship after 3 years GC holder married to the same person, or 5 years on your own. There are waivers for death of spouse during process (I am not familiar but a search here on VJ will turn up of).

[novedsac 355]

I am looking for some type of legal answers to my questions , which I am assuming there is

For legal answers, you need to speak with a lawyer.

TOS prohibit dissemination of legal advice on this forum.

Why would someone want to stay in states after their spouse pass away during their visa process.

Because their spouse wasn't their primary motivation for immigrating to the USA.

Edited March 5, 2014 by novedsac

[KayDeeCee 4,893]

Yes, you can still file for ROC on your own after divorce or death of spouse. Yes, you can still become a US citizen. After you remove conditions, then you would be able to file for naturalization after having been a permanent resident for 5 years.

http://www.visajourney.com/content/family-status-immigration-d

~ Moved from AOS from Family Based to Effects of Major Family Chances on Immigration Benefits ~

[Girl from Celebes 588]

It seems like the petitioner made the post and he wanted to make sure the spouse has been taken care of - if something happened- and the beneficiary doesn't have anything left in the native country. But, I might be wrong though.

[Ketsuban 1,034]

If my husband died and I had no children, I'd go back home. What would be left for me in the States? I guess for people from poorer countries, there is an incentive to remain in the States post spousal death and that's what OP is getting at.

[VickyP 34]

If my husband died...which I hope we will grow old together, I would get my seven things together and go back home!

I am not judging but some questions are just yelling for punishment....just my opinion!

Edited March 6, 2014 by VickyP

[QueenComley 295]

If my husband died or we divorced I would stay here. I have 2 step-children who are my world. I would not leave them for any reason.

[Jamnan_n_Steve 17]

The proceural advice above is correct. As many of us petitioners are significantly older it is incumbent on us to prepare our spouses as much as possible for a sudden death (won't get into divorce) so they are not left adrift in a foreign country without resources or someone to turn to with all the paperwork.

Attached to my will I have passed on a letter to my executors with all the accounts and password as well as how to stop my pension and social security, etc. I have also picked up a modest life insuance policy to forestall any panicky decisions and a rush to the airport. I have tried to explain her right to a survivor benefit based on my social security earnings and the steps to take to claim it when she is back home looking afer (hopefully) her grandchildren. I have prepared two ROC petitions - one with me alive and one with my date of death so she has a good start towards remaining here which I would hope she would consider.

Hope some of this helps

[TBoneTX 45,291]

Several posts removed for adding nothing to the thread and for making unwarranted assumptions. One post removed for responding to deleted material. Another post returned to thread with relevant portion below:

Three years down the road for the unconditional green card and for my wife to apply for citizenship where anything can happen. the future is not foreseeable, so if you have some legitimate answers as far as legalities, I would appreciate it. If you dont, dont respond please.

I am looking for some type of legal answers to my questions , which I am assuming there is

Thank you

If anyone else responds with irrelevant or unwarranted comments, a thread-ban will be the gentlest response to expect.

[Big Papa Zone 93]

If my husband died and I had no children, I'd go back home. What would be left for me in the States? I guess for people from poorer countries, there is an incentive to remain in the States post spousal death and that's what OP is getting at.

My wife died suddenly after only 8 months of marriage. I stayed here. We didn't have kids. I didn't stay for financial reasons (I'm not from a poor country, I'm from the UK like you) but simply because I like it here much more than I do at home. So much so that since arriving here 5 years ago I've not been back once. I don't miss the UK one iota. The US has been my home since I stepped off the plane.

My point being that it's quite wrong to assume everyone has financial or (otherwise sinister) motives for remaining stateside after being bereaved. Irrespective of the economic situation in their homeland. Case in point right here.

Edited March 6, 2014 by Damian P