Bringing spouse and children of a U.S. citizen's expired son

[psdave 0]

Hello,

I have a relative (U.S. citizen) who filed an i130 for his son (who lived in India). The son recently passed away and now their file is ready for processing. Can the wife and children of that expired son still come here? What documents do they need to take with them to the interview?

[aleful 1,905]

hi

nope, as the beneficiary is dead, so is the petition. they are derivatives of the beneficiary. he cannot file/petition directly for his daughter in law or grandchildren

[apple21 953]

Hello,

I have a relative (U.S. citizen) who filed an i130 for his son (who lived in India). The son recently passed away and now their file is ready for processing. Can the wife and children of that expired son still come here? What documents do they need to take with them to the interview?

Sorry for your loss.

Unfortunately, the wife and children can no longer benefit from the petition because the principal applicant has passed on. They have to inform NVC as soon as possible. Submit a scanned copy of the principal applicant's death certificate.

[aaron2020 11,651]

Sorry for your loss.

The case is over. Once the main beneficiary dies, the case is automatically revoked under US laws.

Derivative beneficiaries can only get visas if the main beneficiary is granted one. No visa for the main beneficiary means no visas for the derivative beneficiaries.

You need to inform the US government that the beneficiary is dead so the case can be properly stopped.

If the US does not know about the beneficiary's death, the US will continue to process the case improperly. Any fees paid will be lost and no visas will be issued when the US finds out the main beneficiary is dead.

Sorry.

[psdave 0]

Thank you everyone for your replies. I have informed my relative about the petition being dead.