I-130

[Vetomo 69]

Good morning vjourney

I have a question to ask pls,one of my friend him wife file for him and they got approved from USCIS suddenly a week later him wife pass away,what step my friend is gonna take now,pls help out vjourney.

[kris&me 572]

supposely the reason she applied was for them to be together

that is now gone

there is no way to continue

a CR1 is not for  a green card / it is to be with your spouse

[broppy 204]

26 minutes ago, kris&me said:

supposely the reason she applied was for them to be together

that is now gone

there is no way to continue

a CR1 is not for  a green card / it is to be with your spouse

That is completely untrue. In the event of the petitioning USC spouse dying, a pending or approved I-130 will automatically be converted to an I-360 petition for widow(er). See the USCIS Fact Sheet.

[Jeanne Adil 1,651]

then why when this question was asked a month ago did all say there was no way to continue the application

how is this man to get copies of her tax returns

how is he to support himself in the US

the approval is only from USCIS 

 

[Going through 5,671]

Since the i-130 was already approved, there is a window of opportunity to continue.

See this link from USCIS on how to continue the application:  https://www.uscis.gov/greencard/widower#with pending 

[Crazy Cat 41,894]

Widow(er) With Pending or Approved Immigrant Petition

If you were married to a U.S. citizen who had filed Form I-130, Petition for Alien Relative for you before he or she died, you do not need to file anything.  The Form I-130 will be automatically converted to a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.  If you have children (unmarried and under age 21), they may be included on the Form I-360 regardless of whether your deceased spouse had filed a petition for them.

To qualify, you must not have have been divorced or legally separated from the U.S. citizen at the time of death.  Your eligibility to immigrate as a widow(er) ends if you  have remarried.  

[broppy 204]

30 minutes ago, adil-rafa said:

then why when this question was asked a month ago did all say there was no way to continue the application

I've no idea - I didn't see the question last month.

30 minutes ago, adil-rafa said:

how is this man to get copies of her tax returns

Not required - a beneficiary with an approved I-360 does not need to submit I-864 affidavit of support (and so no tax returns needed either).

30 minutes ago, adil-rafa said:

how is he to support himself in the US

Just like everyone else - get a job.

30 minutes ago, adil-rafa said:

the approval is only from USCIS 

Yes. The beneficiary still needs to go through NVC processing and complete DS-260 as usual - but as a widower, now, not a spouse.

[Ryan H 3,812]

***Post contributing nothing to the discussion removed along with posts quoting.  Either answer the OP's questions or do not post; Administrative Action will be taken for any future occurrences of non-constructive posting.***

[pushbrk 12,898]

4 hours ago, adil-rafa said:

then why when this question was asked a month ago did all say there was no way to continue the application

how is this man to get copies of her tax returns

how is he to support himself in the US

the approval is only from USCIS 

 

Sometimes the people who actually know the correct answer, do not see or respond to the question.  As evidenced above, wrong answers are given frequently.  Sometimes others come along and correct them and sometimes not.  Caveat Emptor.

[jan22 3,056]

14 hours ago, adil-rafa said:

then why when this question was asked a month ago did all say there was no way to continue the application

how is this man to get copies of her tax returns

how is he to support himself in the US

the approval is only from USCIS 

 

I don't think the previous case was for a spousal visa -- I remember one that was an adult child whose petitioning mother died.  That is a huge difference from an immigration standpoint.

[Going through 5,671]

 

15 hours ago, adil-rafa said:

then why when this question was asked a month ago did all say there was no way to continue the application

I never saw a thread a month ago where the petitioning spouse died, so cannot comment on the circumstances....I do remember one from about a week  or so ago where the father (primary beneficiary) passed away and his derivative beneficiary child wished to continue to immigrate....entirely different circumstances from being a spouse, though, immigration-wise...and in terms of legal pathway available.

Edited October 29, 2017 by Going through

[pushbrk 12,898]

15 hours ago, missileman said:

Widow(er) With Pending or Approved Immigrant Petition

If you were married to a U.S. citizen who had filed Form I-130, Petition for Alien Relative for you before he or she died, you do not need to file anything.  The Form I-130 will be automatically converted to a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.  If you have children (unmarried and under age 21), they may be included on the Form I-360 regardless of whether your deceased spouse had filed a petition for them.

To qualify, you must not have have been divorced or legally separated from the U.S. citizen at the time of death.  Your eligibility to immigrate as a widow(er) ends if you  have remarried.  

Probably at least have to submit a death certificate somewhere or at least let USCIS or NVC know the petitioner died.  It's not fully automatic until the correct people know about the death.