the petitioner is dead

[jellyganda 3]

Provided that the petition was approved before the dead of the petitioner , She might be able to immigrate still by requesting reinstatement to USCIS.

Steps :

1. Find a Substitute Financial Sponsor ( Can her brother do that ? ).

This financial sponsorship is an important aspect of serving as an immigrant's petitioner. If the petitioner die, USCIS would expect your immigrant relative to come up with a substitute sponsor to take on this role, in order for the green card application to continue.

* Note : By signing Form I-864, you are promising to financially support your immigrant relative(s) in the U. S., and demonstrating that they will not become a burden to the U.S. government.

2. The substitute Financial Sponsor will have to fill out form I-864 , Proof that he is related to the immigrating relative , Photocopy of the USCIS approval notice for immigrant's Form I-130 , Death certificate of the initial sponsor and finally a copy of identification showing that he is either USC or LPR ( greencard or passport).

3. After gathering all the things , all of them will have to send to USCIS.

They will review and should notify back a week or two.

Edit : The embassy will soon notify about the death of her petitioner then the case will return back to USCIS.

At the start of aos processing her brother is her choice of agent & financial supprt documents is came fr her brother too.. so is that mean its ok to go on w/ her interview if the financial supprt already provided w/ her brother?

[southcoast 27]

Within 2 years of the date of death of the petitioner USCIS has the authority to reinstate the visa petition fr humanitarian reasons. You will need a new affidavit of support. I have only seen this in adjustment cases as opposed to consular processing, so Im not sure where jurisdiction lies. I would speak with the consular officer to find out where the request for reinstatement should be filed.

[mymarley 14]

You will see a big sign inside the phil us embassy saying.. bawal ang sikreto sa US EMBASSY... Your cousins can call uscis to ask what to do about your other cousin approved petition...

Edited January 18, 2015 by mymarley

[GodIsGood1 0]

Hi.

What happened to your cousin's petition? Did she apply for humanitary reinstatemnt? We have the same case..i have my intv date next month but my father/petitioner died.

[teddy k 35]

Hi i would gamble on lying to the consul officer cuz they probably already know that the petitioner passed away cuz they run a check right before the interview so if you get caught denied