AOS, EAD Husband died

[mae_jim 0]

Hi Everyone,

Please forgive me if I am at the right place to post this or not, I have been trying to find out also how to make a post. I really did not know how to do this because it used to be my husband who dos things and make posts here. Now this is a try if I can make it or not.

We got married on December 2006. We submitted the AOS, EAD and AP first week of March, 2007. I received NOA for the 3 cases and I also already did my Biometrics on the 3rd week of March. My husband died 3 days after my Biometrics. Our marriage only lasted over 2 months. I really don't about my status, what to do, what comes next because it is my husband who does things for me. The lady in the Biometrics office told me I still have to have my Interview, I don't know when, I am going to panic. If EAD and AOS take about a year before being granted, I worry I cannot be able to support myself while waiting, I can't work. I have heard also of the Removal of Conditional Status but I have no idea about all of them. I am just 3 months here and I am very much stranger to a strange place. What will I do next? One friend said find another guy, which is very tough. I don't know. I really don't know. Please help me.

ms grief

[Boiler 45,881]

What do you want to do?

I guess most people would be looking to go home.

EAD usually takes 3 months, you could use it until the AoS interview, I understand you would be then denied as you have no Sponsor and then would be out of status and deportable.

If your friend is suggesting you find somebody else to marry to stay here, that would not work, you have to adjust through the petitioner (your ex husband) when entering on a K1.

[mybackpages 0]

Oh my, I am so sorry for your lost! I can only imagine the grief you must be feeling and here for such a short time.

REgarding your questions, I know you can continue with the AOS. I have no idea about the EAD beign approved more quickly under these circumstances. Hopefully someone will come along with a good answer for you.

Please take care of yourself!

[TracyLuis 0]

Two of Jim's previous posts (using same handle) mention "death presumption"...enlighten me, please.

[mybackpages 0]

What do you want to do?

I guess most people would be looking to go home.

EAD usually takes 3 months, you could use it until the AoS interview, I understand you would be then denied as you have no Sponsor and then would be out of status and deportable.

If your friend is suggesting you find somebody else to marry to stay here, that would not work, you have to adjust through the petitioner (your ex husband) when entering on a K1.

No, she can file for AOS on her own since her husband died.

[GrenadianCrix 2]

Mae,

First of all, I extend my deepest sympthies for your recent loss. My thoughts are with you as you go through this difficult time.

To answer a couple of your questions.

Removal of conditional status happens two years after your first greencard is issued, so this isn't something you need to deal with right away. You have more important matters.

There are a number of issues you are facing. The major two seem to be getting through your AOS process and being able to work and support yourself.

There may be people on this site with more specific suggestions, but whatever you get for advice, it would be best if you to seek some professional legal advice. In every state there is a branch of Catholic Charities, you do not have to be Catholic to receive services. They will help with legal immigration issues and possibly with living assistance. You can find the site for California here

http://www.catholiccharitiesla.org/immigration.html

If you do not live in California you can try and find the chapter in your state...it would be in the phone book. Or you can let me know and I can try to help you find the link.

There may be other free legal assistance in your area.

I wish you all the best in this very challenging time. Remember, you can always turn to the people on this site for help and support.

Sue

[mybackpages 0]

Two of Jim's previous posts (using same handle) mention "death presumption"...enlighten me, please.

I think this is because the philippines does nto recognize divorce and may apply to a husband or wife who wants an annulment but does not know where the spouce lives or if the spouce is alive. But I am just guessing here.

[Jenn! 918]

What do you want to do?

I guess most people would be looking to go home.

EAD usually takes 3 months, you could use it until the AoS interview, I understand you would be then denied as you have no Sponsor and then would be out of status and deportable.

If your friend is suggesting you find somebody else to marry to stay here, that would not work, you have to adjust through the petitioner (your ex husband) when entering on a K1.

No, she can file for AOS on her own since her husband died.

Actually I believe that boiler may be correct. As I understand it, the original I-485 is no longer valid as the USC has died. A new application would have to be filed along with an I-360 for widowers. But I believe one of the requirements of the I-360 is that the marriage is at least 2 years old.

I hope Diadromous Mermaid will stop by to provide some more insight.

My condolences to the OP.

[mybackpages 0]

What do you want to do?

I guess most people would be looking to go home.

EAD usually takes 3 months, you could use it until the AoS interview, I understand you would be then denied as you have no Sponsor and then would be out of status and deportable.

If your friend is suggesting you find somebody else to marry to stay here, that would not work, you have to adjust through the petitioner (your ex husband) when entering on a K1.

No, she can file for AOS on her own since her husband died.

Actually I believe that boiler may be correct. As I understand it, the original I-485 is no longer valid as the USC has died. A new application would have to be filed along with an I-360 for widowers. But I believe one of the requirements of the I-360 is that the marriage is at least 2 years old.

I hope Diadromous Mermaid will stop by to provide some more insight.

My condolences to the OP.

Thanks for the correction! My apologies!

[TracyLuis 0]

Two of Jim's previous posts (using same handle) mention "death presumption"...enlighten me, please.

I think this is because the philippines does nto recognize divorce and may apply to a husband or wife who wants an annulment but does not know where the spouce lives or if the spouce is alive. But I am just guessing here.

That would make sense. It was just strange to see posts by the now deceased referring to death.

My condolences, Mae.

[mae_jim 0]

What do you want to do?

I guess most people would be looking to go home.

EAD usually takes 3 months, you could use it until the AoS interview, I understand you would be then denied as you have no Sponsor and then would be out of status and deportable.

If your friend is suggesting you find somebody else to marry to stay here, that would not work, you have to adjust through the petitioner (your ex husband) when entering on a K1.

No, she can file for AOS on her own since her husband died.

Actually I believe that boiler may be correct. As I understand it, the original I-485 is no longer valid as the USC has died. A new application would have to be filed along with an I-360 for widowers. But I believe one of the requirements of the I-360 is that the marriage is at least 2 years old.

I hope Diadromous Mermaid will stop by to provide some more insight.

My condolences to the OP.

I am confused:

1) One time my late husband mentioned that I am the petitioner of myself and not him anymore, do I need Sponsor for petitioning myself?

2) I already have filed AOS, EAD and AP, and they sent me an appointment letter for Biometrics and I already did it, do I still have to file a new I-360?

3) Now that my husband died, can't I use his brother as co-sponsor if they needed co-sponsor?

Please help me, and more insights, thanks

[shellauy 0]

im not sure though but i think i heard or read it somewhere if the petitioner died then if one member of his family will be willing to continue to support and petition you then that will be fine, as long as they will fill up all the documentation that the uscis required.

[together2love 0]

My deepest sympathy to you with your loss. I know someone more experience with this situation will come around here to help you out.

[dkalXuan 0]

Wow. i am so sorry to hear about your loss.

i will pray that there is a way that you can stay. with the changing immigration laws, you can take ease knowing this might help you.

Good luck and let us know what will happen with you.

do you know anyone where you live? i hope that you are not alone during this time

take care

[sophyie 0]

couldn't you make an infopass appointment?

Talk to them directly and find out the possibilities?

Best of luck.