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

[Ajk3visa 12]

4 hours ago, Hypnos said:

Any pending I-130 for the spouse of a US citizen is automatically converted to a pending I-360 once USCIS is informed of the situation and provided with a certified copy of the death certificate of the US citizen spouse. That is 8 CFR 204.2(i)(1)(iv).

 

Since the OP indicates that USCIS was notified, when the approval notice arrives it should state that the petition was approved as a widow I-360. If it does not, the OP should contact USCIS and/or the NVC to get this change through. It must happen before she can interview and receive an IW1 widow immigrant visa. The change will require providing them with a certified copy of the US citizen spouse's death certificate, and it's unclear as to whether the OP has one or has provided it to USCIS.

 

Widow/ers are not required to submit an I-864 affidavit of support. Instead, they file a shorter and simpler I-864W indicating they are exempt from normal I-864 requirements because they are a widow/er.

 

 

Thank you. I notified them on phone and emails so many times. I still didn't get the certified death certificate because it was not available on vital record online. It was available 2 weeks ago. Which is weird. My parents in law told me 2 weeks ago the death certificate is available online and I can order one. They sent me a link of Monroe county of public health that is for brith/death/ divorce certificates. Also I didn't order it yet because as I said before, I was not qualified to hold a visa, MasterCard or any of those as a new refugee here in Netherlands, but the good news is, any refugee or asylum seeker can order from the immigration something called BSN after 6 months, then a new bank card that has a visa to buy online things. I'm so happy I will finally be able to have a real bank account with a visa on it so I can order the death certificate, pay the fees and all these things. Once I received the death certificate, I will email the NVC a copy of it, unless they asked me to mail it to them, then I mail it to them with any documents needed to be mailed to them. I hope they accept the copy by email since they only need a copy not the original one for now. 

[Hypnos 6,576]

Seems strange that your in-laws couldn't or wouldn't order copies for you and then send them to you in the mail. But hopefully you will be able to get some of them soon. If you will take my advice, I would order several copies (~5) instead of just 1, as you will likely need them for various things when it comes to settling your husband's affairs.

[TBoneTX 45,222]

24 minutes ago, Hypnos said:

If you will take my advice, I would order several copies

Excellent and very accurate advice.

[Ajk3visa 12]

I need some advices please. I found a lawyer who agreed to represent me but she agreed after my I 130 was approved. I don't know what's the point of representing me now!!!  She will not charge me any money. She is a lawyer from IRAP organization a non profit organization. She said she can help me converting my approved I 130 to I 360 by contacting USCIS.  I told her but my case was sent to the Department of State for the visa processing. Why do you need to contact uscis? She said yes she will contact them to make sure if NVC will convert my case to a widow case or the NVC has to send my approved I 130 back to uscis to convert the application to I 360 there in uscis! I think she is going to complicate the case this way. What I know that If my i130 was approved and if the approved case is already in NVC for visa processing all I have to do is to send the death certificate to the US consulate so us consulate consider my approved I 130 to an approved I 360. Should I just wait till my approved I130 get transferred to the US consulate then I send the US consulate the death certificate and then they deal with it as an approved I 360. Or should I just let my lawyer represent me and contact uscis and send uscis the death certificate so they ask nvc to send them back the approved i130 so they convert it in uscis to I 360?! Sometimes I think lawyers complicate things, although all legal immigration websites said the same, if the approved I 130 is in NVC, I should send the death certificate to the embassy So they deal with it as an approved widow visa. So why does the lawyer want to contact uscis? I don't want uscis to take back my approved case and make the process takes longer. I prefer to wait until my approved I 130 case sent to the embassy then there I can show the embassy the death certificate. I mean I prefer waiting 2 months for the nvc to process my approved i130 case instead of adding more months with having my case sent back to uscis then Nvc then finally to the embassy. What do you think?

Edited February 7, 2019 by Ajk3visa

[Russ&Caro 1,549]

I don't know much about the i360 application but if you're proceeding forward to NVC with an approved i130, who is going to submit an Affidavit of Support on your behalf? That's an absolute requirement at this stage of a CR1 process. Perhaps that is why it's better to convert the application to the i360 at this point in time. I'm sure others more knowledgeable than me will advise you better.

 

My condolences for your loss.

[Hypnos 6,576]

It may be that only USCIS can convert the approved I-130 into an approved I-360. If so, and you made it all the way to the embassy and the interview, it would then have to be returned to USCIS by DoS, adding weeks or months to the process. 

[Ryan H 3,812]

~~~Posts merged with existing thread~~~

 

2 hours ago, Ajk3visa said:

I need some advices please. I found a lawyer who agreed to represent me but she agreed after my I 130 was approved. I don't know what's the point of representing me now!!!  She will not charge me any money. She is a lawyer from IRAP organization a non profit organization. She said she can help me converting my approved I 130 to I 360 by contacting USCIS.  I told her but my case was sent to the Department of State for the visa processing. Why do you need to contact uscis? She said yes she will contact them to make sure if NVC will convert my case to a widow case or the NVC has to send my approved I 130 back to uscis to convert the application to I 360 there in uscis! I think she is going to complicate the case this way. What I know that If my i130 was approved and if the approved case is already inNVC for visa processing all I have to do is to send the death certificate to the US consulate so us consulate consider my approved I 130 to an approved I 360. Should I just wait till my approved I130 get transferred to the US consulate then I send the US consulate the death certificate and then they deal with it as an approved I 360. Or should I just let my lawyer represent me and contact uscis and send uscis the death certificate so they ask nvc to send them back the approved i130 so they convert it in uscis to I 360?! Sometimes I think lawyers complicate things, although all legal immigration websites said the same, if the approved I 130 is in NVC, I should send the death certificate to the embassy So they deal with it as an approved widow visa. So why does the lawyer want to contact uscis? I don't want uscis to take back my approved case and make the process takes longer. I prefer to wait until my approved I 130 case sent to the embassy then there I can show the embassy the death certificate. I mean I prefer waiting 2 months for the nvc to process my approved i130 case instead of adding more months with having my case sent back to uscis then Nvc then finally to the embassy. What do you think?

 

 

1 hour ago, Russ&Caro said:

I don't know much about the i360 application but if you're proceeding forward to NVC with an approved i130, who is going to submit an Affidavit of Support on your behalf? That's an absolute requirement at this stage of a CR1 process. Perhaps that is why it's better to convert the application to the i360 at this point in time. I'm sure others more knowledgeable than me will advise you better.

 

My condolences for your loss.

 

[Ajk3visa 12]

1 hour ago, Hypnos said:

It may be that only USCIS can convert the approved I-130 into an approved I-360. If so, and you made it all the way to the embassy and the interview, it would then have to be returned to USCIS by DoS, adding weeks or months to the process. 

Oh no so I should better keep working with the lawyer.

[Ajk3visa 12]

1 hour ago, Russ&Caro said:

I don't know much about the i360 application but if you're proceeding forward to NVC with an approved i130, who is going to submit an Affidavit of Support on your behalf? That's an absolute requirement at this stage of a CR1 process. Perhaps that is why it's better to convert the application to the i360 at this point in time. I'm sure others more knowledgeable than me will advise you better.

 

My condolences for your loss.

You are right about the affidavit of support. I forgot about that. So it's better to let my lawyer to convert it before they ask me for the affidavit of support.

[Hypnos 6,576]

You do need to get it converted, and you will need a certified copy of your husband's death certificate for that. 

[milimelo 4,475]

She won’t need I-864 but instead she’ll use I-864w. Hopefully she already has obtained copies of death certificate. She has to submit everything to nvc before they’ll schedule interview at the embassy. 

[Ajk3visa 12]

On 2/8/2019 at 6:42 AM, milimelo said:

She won’t need I-864 but instead she’ll use I-864w. Hopefully she already has obtained copies of death certificate. She has to submit everything to nvc before they’ll schedule interview at the embassy. 

Yes I already ordered the death certificate last week. I'm still waiting for it. Hopefully I get it this week. I still didn't get any email from the NVC, the welcome letter that has the NVC case number. My lawyer said once I get the death certificate I email it to her do she asks the NVC to convert it to I 360. So we are just waiting for the death certificate to be delivered to me. Hopefully the convert it to an approved I 360 because the I 130 is already approved. I just hope they don't send it back to USCIS to start over a new application and let wait for more months. I'm worried about this part. Because according to the uscis website, if the petitioner died while the I 130 is pending, they will automatically convert it to a pending I 360 but if he died after it's approved, they will convert it to an approved I 360. In my case, the petitioner died when the I 130 was pending but in that time I  didn't send them the death certificate to convert it to a pending I 360, I only informed them his death by phone, so they approved as an I 130 after he died. So I think because it's approved, it should be converted to an approved I 360. I just hope they don't say, oh but the petitioner died when the I 130 was pending, let's convert it to a pending I 360 and make it goes to another pending process to match what uscis website says. It's just confusing to me. 

[Hypnos 6,576]

That is one of the reasons why in my first post in September I said to obtain a certified copy of your husband's death certificate at that time and immediately provide it to USCIS.

 

I understand that you were having difficulties in obtaining it then, but I would have thought his family could have obtained copies and then sent you some.

 

Either way, you will have to just deal with whatever way they want to do it now.

[milimelo 4,475]

Why can’t you yourself contact nvc? You have the uscis case number and your personal details. Nvc email is public knowledge. 

[Ajk3visa 12]

4 hours ago, milimelo said:

Why can’t you yourself contact nvc? You have the uscis case number and your personal details. Nvc email is public knowledge. 

I did so many times. This is their reply : 

 

Dear Sir/Madam:

 

 

Thank you for your inquiry. We do not have a record of receiving your petition.

 

It can take at least six weeks for the National Visa Center (NVC) to receive an approved petition from U.S. Citizenship and Immigration Services (USCIS) and enter it in the U.S. Department of State's database system. If it has been less than six weeks since USCIS approved your petition, you don't need to take any action at this point.

 

If USCIS approved your petition more than six weeks ago, please send us a scanned copy of your I-797 or I-171 Notice of Action - Approval Notice. You can attach the scanned copy to an email, and send it tonvcresearch@state.gov.

 

In the subject line of your email, please type the original receipt number from your I-130 Approval Notice. If you have more than one petition, send a separate email for each petition. Once we receive the copy of your approval notice, we will contact USCIS to find your petition.

 

Before you send us an email, please check your Notice of Action and make sure it says your petition was approved. If it says that USCIS kept your petition, or if it is a notice other than an approval, you should contact USCIS for more information. You can contact them on their website atuscis.gov, or by telephone at 1-800-375-5283.

 

( I think they can't give me any details because they still don't have the application. It was sent to the Department of State on February/01 so maybe at the end of this month I hear from NVC I guess.