AOS, EAD Husband died

[Boiler 45,885]

So the OP is out of status from the date of death and is accumulating time towards a ban?

So the crux point would come 180 days after the date of death where a 3 year ban kicks in?

I mention this as marriage to another USC was mentioned in the first post.

I would imagine, and it is pure speculation mind you, that the OP would not be out of status until 'declared' out of status, either by a denied adjustment petition, or a revoked petition, and if appealed once an appeal was unsuccessful.

It was the Automatic bit, but then it also mentioned a visa which is not the case here.

I guess I was comparing it with a work visa, lose you job and you are immediately out of status.

Anyway do not know, Lawyer time.

[diadromous mermaid 36]

So the OP is out of status from the date of death and is accumulating time towards a ban?

So the crux point would come 180 days after the date of death where a 3 year ban kicks in?

I mention this as marriage to another USC was mentioned in the first post.

I would imagine, and it is pure speculation mind you, that the OP would not be out of status until 'declared' out of status, either by a denied adjustment petition, or a revoked petition, and if appealed once an appeal was unsuccessful.

It was the Automatic bit, but then it also mentioned a visa which is not the case here.

I guess I was comparing it with a work visa, lose you job and you are immediately out of status.

Anyway do not know, Lawyer time.

Once again I would suspect that the language that refers to "automatic" is present because there are instances where the beneficiary might not yet have entered the country and therefore the government wants to have some control over the visa. One would have to propose quite a different argument to request the AG invoke humanitarian grounds for relief were an alien still in his or her native land rather than already living in the US.

[maelvjim 0]

It was the Automatic bit, but then it also mentioned a visa which is not the case here.

I guess I was comparing it with a work visa, lose you job and you are immediately out of status.

Anyway do not know, Lawyer time.

Can anyone recommed a good immigration attorney in San Diego? Thanks

[diadromous mermaid 36]

Can anyone recommed a good immigration attorney in San Diego? Thanks

Try, http://www.aila.org

[maelvjim 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.

If ever one of his family members would support, what would be his status, Sponsor? Peitioner? What papers will he/she need to do?

[Boiler 45,885]

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.

If ever one of his family members would support, what would be his status, Sponsor? Peitioner? What papers will he/she need to do?

Not possible

[Robor007 0]

What an absolutely terrible situation to be in. The poor woman just lost her husband and now she's got to try and sort this out while she's mourning?

You have my deepest sympathies, Mae. I hope you are able to work something out.

[diadromous mermaid 36]

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.

If ever one of his family members would support, what would be his status, Sponsor? Peitioner? What papers will he/she need to do?

Not possible

Aliens that was once married to a US citizen, now deceased, can request a substitute sponsor in terms of the Affidavit of Support.

[maelvjim 0]

Aliens that was once married to a US citizen, now deceased, can request a substitute sponsor in terms of the Affidavit of Support.

What will she/he do do as a substitute sponsor? What forms does she/he need to fill out? What is she/he going to do with it?

Thanks

[diadromous mermaid 36]

What will she/he do do as a substitute sponsor? What forms does she/he need to fill out? What is she/he going to do with it?

Thanks

Google "Final Rule" and "affidavit of Support". Please don't confuse the term "sponsor" in relation to Affidavit of Support, and sponsor as in petitioner.

The final rule will apply to any Affidavit of Support filed with an application for an immigrant visa or adjustment of status decided on or after July 21, 2006.

from http://www.employmentimmigration.com/news/uscis_bulletin.htmlSignatures on the Form I-864 and its related forms no longer need to be notarized since the Affidavit of Support is signed "under penalty of perjury." Pursuant to the Family Sponsor Immigration Act of 2002, the final rule allows for the use of a substitute sponsor if the original petitioner dies, but the petition was approved prior to the petitioner's death and certain other conditions are met.

Q. My original petitioner cannot sponsor me because he or she died. What relief is available to me under the final rule?

A. The final rule implements the Family Sponsor Immigrant Act of 2002, Pub. L. 107-150, which allows the beneficiary of a petition to use of a "substitute sponsor" after the death of the original petitioner if the original petition had been approved prior to the petitioner's death and other conditions are met. In order to be a "substitute sponsor," you must be the spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or a legal guardian of the intending immigrant.

The final rule also provides that, if a petitioner files a petition to classify the beneficiary as a spouse of a United States citizen petitioner and then dies, the petition will be treated as approved as a Petition for Amerasian, Widow(er) or Special Immigrant (Form I-360) if (1) USCIS or legacy INS approved the original petition before the petitioner died, and (2) on the date of the petitioner's death, the beneficiary satisfies certain requirements.

[CountryBoy 0]

I am so sorry to hear of your loss..

If you wish to stay in the US, I hope it is what you get.

CB

[maelvjim 0]

Hi, am back again! As my interview draws near (next month), I started feeling worried. My husband's brother who filled out papers for Substitute Sponsor talked on phone with a person at Immigration office last month and he was told that I will go back to Philippines, I have no reason to stay. The other day, he talked with another Chinese immigration lawyer, and he was told the same thing, unless I will lie and establish proofs that I was a battered wife, that's the only way I could be able to stay, which to me I think doesn't make sense, why would I lie? What do you think? He said also that I will be given time period until I could get home, and during that time, before I go back, I have to marry somebody here so that when I go home, a new spousal visa process has to be started again for me to be able to come back. I think it is not a good idea, it is fraudulent(?)

Does anyone have something to share about being able to stay? And any other related advices, regarding coming back, marriage and etc? I would greatly appreciate it. Thanks.

I think sometimes things lie on the hands of a good lawyer(?). I hope I could be able to find one

mae

[PaulineA 1]

Yes, you need an immigrations lawyer for sure. I would also say that lying or getting married to a USC to stay in the country is not a good idea. I hope you find a lawyer that can help with your situation. The best of luck to you.

[Kez/JWolf 6]

Hi, am back again! As my interview draws near (next month), I started feeling worried. My husband's brother who filled out papers for Substitute Sponsor talked on phone with a person at Immigration office last month and he was told that I will go back to Philippines, I have no reason to stay. The other day, he talked with another Chinese immigration lawyer, and he was told the same thing, unless I will lie and establish proofs that I was a battered wife, that's the only way I could be able to stay, which to me I think doesn't make sense, why would I lie? What do you think? He said also that I will be given time period until I could get home, and during that time, before I go back, I have to marry somebody here so that when I go home, a new spousal visa process has to be started again for me to be able to come back. I think it is not a good idea, it is fraudulent(?)

Does anyone have something to share about being able to stay? And any other related advices, regarding coming back, marriage and etc? I would greatly appreciate it. Thanks.

I think sometimes things lie on the hands of a good lawyer(?). I hope I could be able to find one

mae

What is it you want to do..... be here because this is were your late husband lived or just want to be in the US.... I can not belive that after losing your husband you would even consider getting married to anyone so soon just so you can live in the US....

Would you realy marry someone for reason other than love????

Maybe I am reading this all wrong..... but it look to me that you are only interested in getting the Greencard and remaining.....

Kez

[maelvjim 0]

Hi, am back again! As my interview draws near (next month), I started feeling worried. My husband's brother who filled out papers for Substitute Sponsor talked on phone with a person at Immigration office last month and he was told that I will go back to Philippines, I have no reason to stay. The other day, he talked with another Chinese immigration lawyer, and he was told the same thing, unless I will lie and establish proofs that I was a battered wife, that's the only way I could be able to stay, which to me I think doesn't make sense, why would I lie? What do you think? He said also that I will be given time period until I could get home, and during that time, before I go back, I have to marry somebody here so that when I go home, a new spousal visa process has to be started again for me to be able to come back. I think it is not a good idea, it is fraudulent(?)

Does anyone have something to share about being able to stay? And any other related advices, regarding coming back, marriage and etc? I would greatly appreciate it. Thanks.

I think sometimes things lie on the hands of a good lawyer(?). I hope I could be able to find one

mae

What is it you want to do..... be here because this is were your late husband lived or just want to be in the US.... I can not belive that after losing your husband you would even consider getting married to anyone so soon just so you can live in the US....

Would you realy marry someone for reason other than love????

Maybe I am reading this all wrong..... but it look to me that you are only interested in getting the Greencard and remaining.....

Kez

It is bad thing when you grieve and at the same time facing another issue, and many more issues, many things on the mind that could not almost think of how you are going to say things correctly. I am a shy person and who doesn't make a try talking with somebody else, much more so now. I came because we loved and planned for a good happy family life, but it can't be avoided when other would think of just the other thing because of the fraudulent marriages that happen, I am far into that. I wanted to stay because it is where we made our home. The options that were mentioned on the earlier post was the lawyer's suggestion and advice to my husband's brother, he wanted to help me. When I was told about them, I felt sorry but I couldn't do either of them. My question was about helping me about immigration how I could be able to stay in the place where we called our home. I hope I have not said it again that would create doubts or confusion. Thanks.

mae