BREAKUP OF MARRIAGE/DEATH OF AMERICAN SPOUSE

[JohnR! 5,495]

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

The short answer is that as long as the marriage takes place in good faith, none of the scenarios above would prevent the LPR from staying in the US, or obtaining citizenship, provided the legal requirements for each case are met.

Good luck!

[Ketsuban 1,034]

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.

I'm so sorry for your loss.

[QueenComley 295]

The OP has asked a genuine honest question that many of us don't like think about (or don't want to think about) because the implications are so heartbreaking if it were to happen.

I had my AOS interview on Tuesday (successful), as we walked out my immigration Attorney said that he needed a quick prep-meeting before we go home to discuss the implications if 1. Me and my husband were to divorce and 2. If my husband was to die between now and the removal of conditions in 2 years time.

It was a tough conversation to have 2 minutes after getting my green card approved... but a necessary one. OP is right to find out what the legal implications are if this was to happen.

[Big Papa Zone 93]

I'm so sorry for your loss.

Thank you. It was over four years ago now. Life goes on and I've since re-married, ironically to an English gal who I'm in the process of bringing over here right now. I know, right???

[Big Papa Zone 93]

The OP has asked a genuine honest question that many of us don't like think about (or don't want to think about) because the implications are so heartbreaking if it were to happen.

I had my AOS interview on Tuesday (successful), as we walked out my immigration Attorney said that he needed a quick prep-meeting before we go home to discuss the implications if 1. Me and my husband were to divorce and 2. If my husband was to die between now and the removal of conditions in 2 years time.

It was a tough conversation to have 2 minutes after getting my green card approved... but a necessary one. OP is right to find out what the legal implications are if this was to happen.

Yep, morbid but necessary. Ironically, the wife and I had the exact same conversation about 6 weeks before she died. And I'm so very glad we did.

[QueenComley 295]

Yep, morbid but necessary. Ironically, the wife and I had the exact same conversation about 6 weeks before she died. And I'm so very glad we did.

Damian I am so sorry for your loss. I truly cant imagine what you must have gone through.

I think that's why some VJ members seemed to have "jumped" on OP when this question was posed... we are all so busy focusing on building a future with our spouses we don't think of the possibility of divorce or death. But OP was looking at the realism of what the future can hold and the question was a VERY valid one.

I wish you luck with your new love

Edited March 6, 2014 by QueenComley

[Caryh 5,206]

Your wife can adjust status on her own, and remove conditions on her own, if you were to die. Adjusting status after your death, would mean she'd get a 10 year green card and not the two year conditional green card. She could not adjust status on her own in the event of a divorce, unless she went with a VAWA filing. A divorce or death would restart the three year count on getting citizenship, so unless it happened real fast after the green card arrival, and she remarried fast, she'd likely be waiting for 5 years after the green card to apply for citizenship.

[canusa920 11]

WOW, people need to cool it with judgments... He's looking for help here, no need to make assumptions!

Hope you got the answer you need!

[gwenstar 66]

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

That is very loving that you have set up everything to make sure your wife is taken care of. It is not easy thinking about such things, but you have taken the time to very thoughtfully consider what she would feel is best for her and have helped provide her with all those options if you passed away.

My first spouse passed away suddenly and it was extremely stressful trying to navigate everything. However when my mother passed away after a long illness, everything had been taken care of. Even though it was still very difficult, it was much easier to focus on properly grieving when everything else was taken care of.

[rjm_cmyk 75]

However when my mother passed away after a long illness, everything had been taken care of. Even though it was still very difficult, it was much easier to focus on properly grieving when everything else was taken care of.

How true - life (and death) is a lot easier if we face up to it's challenges. I remember chatting to a friend's father in hospital who was dying from cancer and knew it.

He had even arranged a proper service on one of his cars as it was a "bit special" and he didn't want his wife to have to sort it out once he'd gone. A very practical and likeable chap who had everything sorted. It was the first time I'd had such a talk with someone. Not something I'll forget...

[TBoneTX 44,791]

One post removed and that participant thread-banned for disregarding previous direction. Another post edited with relevant part returned below:

people were just pointing out what they interpreted from the thread...

Stay on topic, please. Most participants have done so.

Edited March 7, 2014 by TBoneTX