K-1 visa and the death of a spouse

[bing 0]

I welcome any advice. I accomplished the K-1 process recently and finally arrived in the USA. My husband was killed in a traffic accident after we were married only 15 days - I had only been in the USA for 22 days. I consulted two immigration attorneys about my status, but I did not hear any optimism about me staying here in the USA legally.

They told me that the K-1 process in very rigid and I could not find another sponser to petition for me. I do not have any immediate family in the USA. One option that was offered was a self-petition, but that is only for cases where there is some abuse by the husband. That was absolutly not an option in my case because we had a very good marriage even though it was brief. The second option that was offered was a "humanitarian consideration", but again I do not meet any of the requirements for this.

I was advised to return before my 90 days expires and re-enter on a new K-1 visa. I dread going through that again. I am fearful of being denied on the second try.

Has anyone heard of a case like mine? Does anyone know of a way I could stay past my 90 days legally?

[kitkat1 5]

I'm sorry for your sad story. I believe the first step is to consult with at least one more qualified immigration attorney to be 100% sure.

Since you did marry within the 90 days, it appears the issue at hand is whether or not you still qualify to adjust your status and remain in the US legally. What obstacles did the lawyer say you are now facing?

I did read this - not sure if it will be helpful to you:

Death of U.S. Citizen or Permanent Resident Spouse - A conditional resident may request a waiver of the joint petition requirement if the noncitizen entered into the marriage in good faith, but the U.S. citizen or permanent resident spouse subsequently died. While the conditional resident still must present documentary evidence to prove that the marriage was entered into in good faith, no showing of extreme hardship is necessary.

For the time being, it seems the biggest questions are 1) Do you still want to stay and 2) Is there a legal option for you to stay.

(I wouldn't be too concerned for the time being about re-entering on a K1 down the road. That presumably would not happen for a long time and only if you happened to fall in love with another American in the future. The fact that two Americans will have petitioned for you will come up, but it be dealt with at that time).

Best of luck.

[CountryBoy 0]

I have a couple of questions in my mind about this story ..

How long ago did your husband die?

I'm sorry that your husband died, but your intentions are somewhat questionable to me in that; if you are still in the US then your husband has been dead for less than 68 days yet you are considering another K-1 visa already. (another sponsor to petition for you? dread going thru that again? fearful of being denied on the second try?) K-1 is about being with the person that you love, not about staying in the US.

Sorry I don't have any helpful advice for you.

CB

[Otto 83]

Sorry for the loss...

I too think it's a bit morbid to be considering 'another K1 process.'

Edited April 28, 2007 by Karin und Otto

[lucho562 0]

so sorry for your loss, ay no. so horrible.

[Mononoke28 135]

I have a couple of questions in my mind about this story ..

How long ago did your husband die?

I'm sorry that your husband died, but your intentions are somewhat questionable to me in that; if you are still in the US then your husband has been dead for less than 68 days yet you are considering another K-1 visa already. (another sponsor to petition for you? dread going thru that again? fearful of being denied on the second try?) K-1 is about being with the person that you love, not about staying in the US.

Sorry I don't have any helpful advice for you.

CB

Ditto on that, I was thinking the same thing. Maybe we're wrong but it's hard to feel your pain and sorrow with the post you wrote. It is mainly focused on how you can stay in the US instead of how sad you feel about your husband's tragic death. I know that if it had happened to me (knock on wood!) I would devastated. But again... maybe it was your choice of words that do not transmit this sentiment.

[macutelit 0]

I welcome any advice. I accomplished the K-1 process recently and finally arrived in the USA. My husband was killed in a traffic accident after we were married only 15 days - I had only been in the USA for 22 days. I consulted two immigration attorneys about my status, but I did not hear any optimism about me staying here in the USA legally.

They told me that the K-1 process in very rigid and I could not find another sponser to petition for me. I do not have any immediate family in the USA. One option that was offered was a self-petition, but that is only for cases where there is some abuse by the husband. That was absolutly not an option in my case because we had a very good marriage even though it was brief. The second option that was offered was a "humanitarian consideration", but again I do not meet any of the requirements for this.

I was advised to return before my 90 days expires and re-enter on a new K-1 visa. I dread going through that again. I am fearful of being denied on the second try.

Has anyone heard of a case like mine? Does anyone know of a way I could stay past my 90 days legally?

sorry sound stupid but the question is do you really love him before he died correct me if im wrong you are considering another k1 or someone who can petition you again or what so ever sounds like you are much worried for a green card than being sad or lonely.....SORRY!!!!! K-1 is about being with the person that you love, not about staying in the US...correct if im wrong!!!!

[Aniomaman 0]

I have a couple of questions in my mind about this story ..

How long ago did your husband die?

I'm sorry that your husband died, but your intentions are somewhat questionable to me in that; if you are still in the US then your husband has been dead for less than 68 days yet you are considering another K-1 visa already. (another sponsor to petition for you? dread going thru that again? fearful of being denied on the second try?) K-1 is about being with the person that you love, not about staying in the US.

Sorry I don't have any helpful advice for you.

CB

Ditto on that, I was thinking the same thing. Maybe we're wrong but it's hard to feel your pain and sorrow with the post you wrote. It is mainly focused on how you can stay in the US instead of how sad you feel about your husband's tragic death. I know that if it had happened to me (knock on wood!) I would devastated. But again... maybe it was your choice of words that do not transmit this sentiment.

I think I agree with you both, this is actually the 2nd time am seeing such a thing on VJ and am sorry to say it's like a trend and one is forced to asked what their real intentions are but then I guess we are not in a position to judge. It is just sad that you loose someone you 'claim' to love and you are already considering thinking about soming back with another k1 visa....very sad and I think you should have a re-think about your real intentions

[George and Jenny 0]

I welcome any advice. I accomplished the K-1 process recently and finally arrived in the USA. My husband was killed in a traffic accident after we were married only 15 days - I had only been in the USA for 22 days. I consulted two immigration attorneys about my status, but I did not hear any optimism about me staying here in the USA legally.

They told me that the K-1 process in very rigid and I could not find another sponser to petition for me. I do not have any immediate family in the USA. One option that was offered was a self-petition, but that is only for cases where there is some abuse by the husband. That was absolutly not an option in my case because we had a very good marriage even though it was brief. The second option that was offered was a "humanitarian consideration", but again I do not meet any of the requirements for this.

I was advised to return before my 90 days expires and re-enter on a new K-1 visa. I dread going through that again. I am fearful of being denied on the second try.

Has anyone heard of a case like mine? Does anyone know of a way I could stay past my 90 days legally?

Sorry for your lost. Myself if I were you, I would rather be back in my home country and not stay the remainder of the 90 days. I realize you have sought legal advice but when the dust finally settles you can start a new life again in familar setting with your loveones and friends there to support you. I seriously doubt the second K-1 will turn out like this one. Will there be a red flag? Any thing is possible. Again , Sorry for your lost.

[bing 0]

I'm sorry, my words don't translate well. I was just telling what the lawyers said. Please do not judge me. You have no idea what I have been through since the accident.

[KarenCee 3]

I am truly sorry for the loss of your husband. However I would find another competent immigration attorney and present your case to him or her. I think the mention of another K1 so soon after losing your husband is what has everyone a tad bit upset. To consider another K1 this soon does seem a bit odd, even if your attorney did suggest it. Rather than think of *having* to go the K1 route again, why not deal with the loss of your husband and concentrate on what your options are. This is, of course, just my opinion.

[JamalNTam 1]

I welcome any advice. I accomplished the K-1 process recently and finally arrived in the USA. My husband was killed in a traffic accident after we were married only 15 days - I had only been in the USA for 22 days. I consulted two immigration attorneys about my status, but I did not hear any optimism about me staying here in the USA legally.

They told me that the K-1 process in very rigid and I could not find another sponser to petition for me. I do not have any immediate family in the USA. One option that was offered was a self-petition, but that is only for cases where there is some abuse by the husband. That was absolutly not an option in my case because we had a very good marriage even though it was brief. The second option that was offered was a "humanitarian consideration", but again I do not meet any of the requirements for this.

I was advised to return before my 90 days expires and re-enter on a new K-1 visa. I dread going through that again. I am fearful of being denied on the second try.

Has anyone heard of a case like mine? Does anyone know of a way I could stay past my 90 days legally?

I am sorry to hear of your loss - it very sad. If I was faced with the same situation I would not want to stay in the states another second. I would fly straight back to my family and friends because the only reason I am moving over to the states is to be with Jamal. My life would be completley crushed and thinking about how I can stay in the usa would be last thing on my mind. I would honestly never think about coming back because he is the only man I would ever do any of this immigration stuff for! Man, even writing this has made me upset!!!

[Kathryn41 3,205]

I am so sorry for your loss and the rough times you are going through right now. I agree that you need to speak with another immigration lawyer, one who is perhaps more experienced in this part of immigration law.

For those who are being harsh, remember that even with such a short wedding there will be legal matters of an estate that also need to be addressed and taken care of. That in itself requires time. This lady has a lot on her plate right now, especially being left alone after only 22 days of marriage. My heart goes out to her.

[diadromous mermaid 36]

I concur. In fact, I wonder if it is entirely possible that the poster was referring to the visa by type rather than to indicate she has an interest in another fiancé. Gosh, folks....

I can't imagine how frightening it would be to have uprooted and then have to deal with such tragedy. In fact, although perhaps "home" is where family are and a place where one can find some comfort in a period of grief, if I were to lose my husband, I don't doubt that I'd also want to be near his resting place as well.

Check to see if you can locate an immigration attorney that is dialed in to new potential legislation on Alien Surviving Spouses and Widow/widower penalties. There's a new bill being considered to offer more options to those that are widows or widowers of US citizens but have not yet been married 2 years.

Good luck!

[diadromous mermaid 36]

What the heck! Why was that link removed?????????

It provided vital information relative to this post.