If petitioner passed away!!!!! (merged)

[Ajk3visa 12]

On 9/18/2018 at 11:03 PM, Hypnos said:

Has USCIS been notified of the death of the petitioner yet? No automatic change from an I-130 to an I-360 will take place until that happens. 

Yes I noticed them of his death and of my new location through phone. They heard the story and they said they will update that he passed away and they will take care of it. They said since I have a pending I 130, so I don't need to fIle anything, cuz when it gets approved, it will be automatically approved as an I 1360 and then they will send my application to the embassy where I am located. I also talked to Amsterdam embassy to inform them I'm living in Netherlands. They got my receipt numbers but I still didn't t hear anything from them. But at last the us embassy in Netherlands knows where I am currently. Hopefully they already updated my address in my application so they don't send my approved application to SA. But I Algarve them all the update through phone and emails. I cry email to NVC, Chicago lockbox, potomac service center, and department of states.   

[Ajk3visa 12]

I have a pending k3 visa with 2 applications, I 130 and I 129f. So it's a k3 visa spouse. My husband sent the application on July/2018, he passed away on August/2018. The lawyer said it will be transferred automatically to a widow visa and I don't need to apply for anything. My question is, is the process time for converting the I 130 to a widow visa will be the same as the process time of I 130 or longer. I am expecting a decision from uscis on December this month cuz according to the visajaurney website that it takes 6 months at least to hear an answer. So are they gonna make a decision in the same process time as the I 130 or they will give it a different process time for a widow visa? Because I didn't apply a new application cuz I don't have to. I already have a pending I 130.

[payxibka 10,047]

This is the K-1 forum not spouse visa

[Ajk3visa 12]

3 minutes ago, payxibka said:

This is the K-1 forum not spouse visa

How can I transfer it to a spouse forum?

[payxibka 10,047]

Just now, Ajk3visa said:

How can I transfer it to a spouse forum?

A moderator will do it

[Mimicherie 142]

15 minutes ago, Ajk3visa said:

I have a pending k3 visa with 2 applications, I 130 and I 129f. So it's a k3 visa spouse. My husband sent the application on July/2018, he passed away on August/2018. The lawyer said it will be transferred automatically to a widow visa and I don't need to apply for anything. My question is, is the process time for converting the I 130 to a widow visa will be the same as the process time of I 130 or longer. I am expecting a decision from uscis on December this month cuz according to the visajaurney website that it takes 6 months at least to hear an answer. So are they gonna make a decision in the same process time as the I 130 or they will give it a different process time for a widow visa? Because I didn't apply a new application cuz I don't have to. I already have a pending I 130.

First I would like to send my condolences for your loss. So sorry to hear about your spouse. 

 

Second, this happened to an uncle of mine &  I believe since your form I-130 automatically turns into an I-360 (widow petition) by USCIS once this new information is available to them, it’ll be adjudicated in the same time frame as your original I-130. I think Processing times would’ve been different if there was not a pending petition & you decided you wanted to file as a widow after your spouse has passed.

 

So they will adjudicate your case as normal but as an I-360 and notify you with a decision.

 

Maybe even check on USCIS to see if they changed your cases category yet kept the processing times the same, just to be safe. 

[EM_Vandaveer 2,417]

You posted this same scenario a few days ago. You 100% need to let USCIS know that your husband passed away (send a death certificate as proof) otherwise they won't know to convert to I-360.

[Ontarkie 14,435]

~~Three threads merged together. Please do not start a new thread so this topic. It helps members give you the best possible replies when all the information is together.~~

[Ajk3visa 12]

8 hours ago, EM_Vandaveer said:

You posted this same scenario a few days ago. You 100% need to let USCIS know that your husband passed away (send a death certificate as proof) otherwise they won't know to convert to I-360.

I notified them by phone. 

[Ajk3visa 12]

9 hours ago, gsdc23 said:

First I would like to send my condolences for your loss. So sorry to hear about your spouse. 

 

Second, this happened to an uncle of mine &  I believe since your form I-130 automatically turns into an I-360 (widow petition) by USCIS once this new information is available to them, it’ll be adjudicated in the same time frame as your original I-130. I think Processing times would’ve been different if there was not a pending petition & you decided you wanted to file as a widow after your spouse has passed.

 

So they will adjudicate your case as normal but as an I-360 and notify you with a decision.

 

Maybe even check on USCIS to see if they changed your cases category yet kept the processing times the same, just to be safe. 

Thank you so much. It's what I needed to know, is someone experienced this situation or knows someone went through the same situation. Thanks again. 

[milimelo 4,549]

You need to get the death certificate to include with other papers once I-130 is approved and makes its way to NVC.  

[Ajk3visa 12]

3 hours ago, milimelo said:

You need to get the death certificate to include with other papers once I-130 is approved and makes its way to NVC.  

Yes that what I'm planning to do is to wait till they approve the I 130 then I send the the death certificate to NVC. Cuz I still don't  have a copy of it. The problem is that I still can't get a copy of his death certificate by myself cuz I'm here in Netherlands as an asylum seeker and I don't have a status yet refugee who still dont have residency cards can't have bank accounts, and they don't sell visas or credit cards in any markets like Wal-Mart in USA. As an asylum seeker I only qualified to hold  a money card I got from Netherlands immigration. We can't buy anything online, it's not a visa or credit card so I can't order his death certificate online and pay them by the money card I have unless they accept western union or any different kind of payment. 

Edited December 5, 2018 by Ajk3visa

[Bibijaan 19]

1 hour ago, Ajk3visa said:

Yes that what I'm planning to do is to wait till they approve the I 130 then I send the the death certificate to NVC. Cuz I still don't  have a copy of it. The problem is that I still can't get a copy of his death certificate by myself cuz I'm here in Netherlands as an asylum seeker and I don't have a status yet refugee who still dont have residency cards can't have bank accounts, and they don't sell visas or credit cards in any markets like Wal-Mart in USA. As an asylum seeker I only qualified to hold  a money card I got from Netherlands immigration. We can't buy anything online, it's not a visa or credit card so I can't order his death certificate online and pay them by the money card I have unless they accept western union or any different kind of payment. 

Have you looked into a Cash Passport Prepaid MasterCard from GWK Travelex? I don't know how it is now, but I bought one of those at a GWK office years ago.

[Ajk3visa 12]

54 minutes ago, Bibijaan said:

Have you looked into a Cash Passport Prepaid MasterCard from GWK Travelex? I don't know how it is now, but I bought one of those at a GWK office years ago.

I've never heard about this, but I will look for it. Idk what is cash passport!!!😨. But here in Netherlands even the prepaid, and MasterCard and all these kinds of cards that u can buy them from any grocery store in USA, need to have a bank account first!!!!! It's kind of complicated. But I will keep looking for it. If I can't, I will pay someone cash , 30$, it's what it costs the certificate and then use their credit card. This is another plan  im thinking to do is to borrow someone MasterCard.

[Ajk3visa 12]

I'm only qualified for a money card that is paid by th Netherlands government. It's exactly a version of the food stamp card in USA 😰!!! All asylum seekers only qualified for money card ( food stamp card) until their asylum get approved then they can be treated as Netherlands citizens. The lawyer here in Netherlands  my asylum case is so complicated and I have a very law chance to get an asylum here cuz USA is my third safe country, aand they should be responsible for us. The are now deporting anyone who has third safe country to their third safe countries. I told them u can't deport me now till I get an access to USA. They won't let me enter usa if I have no visa and they should let me stay till I get my visa or they should contact us embassy to figure it out cuz If for example Netherlands deported me to USA while I have no visa to enter there just cuz my daughter and my family in law are us citizens, the USA borders will look at my passport country and deport me to said aArabia then my daughter can't go back to Saudi Arabia with me cuz she was deported from Saudi Arabia(  She is not a Saudi citizen, cuz Saudi Arabia doesn't do double citizenship, only father's pass their citizenship, so she is fully American to the Saudi government eyes not half Saudi and half ameRican like the USA classification)  and if in worst cases the us border said take ur ddaughter and go back to Saudi Arabia cuz the have no visa and cuz Thu assume my daughter is half Saudi to the Saudi government cuz I'm her mother ( which makes sense ), Saud Arabia will arrest me and my daughter cuz my late husband was not Muslim and to their eyes I committed adultery cuz the non Islamic marriage to them is an adultery 😰😭.