Need Urgent help aos requirments for deceased spouce ×

[Chris.h 0]

I need some urgent help for a filipina who is in a bad situation. She married her spouse about 2 years ago and just recently died suddenly. He did not change his will and I fear the family is not very supportive of her. I believe she still needs to file for her adjustment of status and she has a resident card with conditional. Its been a long time since I have filed for this myself and i'm sure things are different. I need a quick run down of the required documents for this. I know she needs to file form I-751.

 

I feel like the family is going to get confrontational, she seems scared. I need to get everything she needs secured soon, I fear she will get kicked out as they are assuming all this guys property, and things are getting shuffled around under her nose. Please help.

[Going through 5,671]

Sorry for her loss--- this thread might have info that may be helpful 

 

 

Edited August 19, 2017 by Going through

[Chris.h 0]

Thanks, i'll read as much as I can. I only have a few hours and we are suppose to go pick her up. The situation is escalating fast and to be honest she needs to get out of there. I'm concerned she'll leave behind some important documents she needs and the family is too confrontational. I just received notice from her that people are going to be moving into the house with her. she has no say and one is a drug addict.

[Going through 5,671]

This may help as well

 

https://www.uscis.gov/greencard/widower

[Going through 5,671]

5 minutes ago, Chris.h said:

Thanks, i'll read as much as I can. I only have a few hours and we are suppose to go pick her up. The situation is escalating fast and to be honest she needs to get out of there. I'm concerned she'll leave behind some important documents she needs and the family is too confrontational. I just received notice from her that people are going to be moving into the house with her. she has no say and one is a drug addict.

The main thing is she needs documentation, yes.  So make sure if she does leave the house she should grab every piece of ID/documentation pertaining to herself and her marriage as she can.  Especially her birth certificate, passport, things like that.

 

Some stuff, she can get copies of from different institutions later on (ie. any banking info on joint accounts, marriage certificate copy, tax filing info).

She should also see about getting a copy of the death certificate too.

Edited August 19, 2017 by Going through

[Chris.h 0]

I wish I knew more about where she is at in the process but I only know she has a green card with conditional status as I've seen it. Can she get 'the' death certificate from local gov? I know how cis likes to have original documents.

[Going through 5,671]

If she is in fear of being physically thrown out of the marital home, she needs to not leave willingly and call the police right now.  Seriously.  Even if her name isn't on the mortgage, whatever, she does have some rights since she lives there.

[Going through 5,671]

3 minutes ago, Chris.h said:

I wish I knew more about where she is at in the process but I only know she has a green card with conditional status as I've seen it. Can she get 'the' death certificate from local gov? I know how cis likes to have original documents.

She can get a certified copy.

If she already has a 2-year GC, then she would be applying for Removal Of Conditions (ROC) to get the 10-year GC.

Edited August 19, 2017 by Going through

[Chris.h 0]

as far as I know she needs to get removal of conditions, i'm confused as to what she is filling honestly, its been so long since I have done this with my wife. What is the difference between form i485 and i751? I'm pretty sure her name is on nothing, bank, house, nothing. I understand that she still has some rights but she may be in real physical danger, we live in the back woods here. and they live even more so.

[Going through 5,671]

11 minutes ago, Chris.h said:

as far as I know she needs to get removal of conditions, i'm confused as to what she is filling honestly, its been so long since I have done this with my wife. What is the difference between form i485 and i751? I'm pretty sure her name is on nothing, bank, house, nothing. I understand that she still has some rights but she may be in real physical danger, we live in the back woods here. and they live even more so.

i-485 is the Application to Adjust Status (what she would  have filed to obtain her first 2-year greencard)

i-751 is the Application to Remove Conditions (what she would need to file next after obtaining her first 2-year greencard, during the 90 days before it's expiry date).  She would then receive a 10-year greencard.

 

Again she needs to call the police if she is in physical danger.

Edited August 19, 2017 by Going through

[milimelo 4,487]

She'll want to get at least dozen copies of death certificate as she'll need that not just for the ROC but to settle his affairs - bank accounts, social security, life insurance... 

[Ebunoluwa 6,136]

Here is the ROC guide on how to proceed with removing conditions and it includes a list of examples of what will be needed.

http://www.visajourney.com/content/751guide

Have her collect anything on that list that she may have.

They can't throw her out of the house but if a drug addict thinks he is moving in then she needs to consult a lawyer
and contact the police.
If she doesn't feel safe there then that is another story.
She has rights and needs to find out if there is any pension / survivor benefits etc that she will be getting as his widow.

I would call the police to stand by as she moves her items out of the house if she chooses to move out.
She doesn't have to flee and run like a chased rabbit, she really should call police for her protection and she has a right
to gather all of her items she wants to take. Leaving everything behind is a mistake in my opinion.

[NigeriaorBust 4,087]

  Take lots of pictures ,  when a person dies their estate goes into probate.  Until that happens or is completed everything is in limbo.  Did he own or rent ?   Was the house owned She may have more rights than the people are letting her know.   They may be just trying to bully her out of everything.

[Penguin_ie 5,994]

***** Moving from AOS, which the lady has already done, to Effects of Major changes for more answers *****

[Chris.h 0]

We went down with her to help her collect her things. She doesn't feel safe there. We got some of her things. I believe she needs to file an I-751 to remove the condition on her green card because she has her two year conditional card now and its not yet with in the 90 days from expiration.

 

I do understand that she has rights, though I am not clear on what exactly. I explained to her that she can contest the will. He has property here and there, stocks, things of that nature, but she doesn't seem too interested in that. The situation is very tense. We had a confrontation with the mother in law who is living in there house, and has been for a year. She's very possessive over all the documents and paper work. Didn't want her to take anything of that nature out of the house. Its a mess honestly and all i can really do is support her. I don't want to push her in one direction or the other. Peace of mind is worth all the money in the world. Supposedly she has a substantial savings in the house, but its cash. The mother in law knows about it and is guarding it like a dog. She really wants that and nothing else. I don't know how she can lay claim on cash legally. There is absolutely no paper work to back up that amount, I asked her myself. I plan to take her down to the sheriffs office so she can explain her situation and get an escort to go there today and see what they say about letting her take that. After yesterday I'm not going there with out police.

 

nigeriaorbust, what do you mean by probate? I'm curious because she wants to get in there and get her savings. He owned two or more properties. The one the currently lived on is a 3acre parcel with a tiny house not worth much, maybe 120. He has 100acre parcel somewhere. She says her name is not on the deed. I did a search on the county gis tax map to see, and the 3acre parcel is still in his name only according to that site.

Edited August 20, 2017 by Chris.h