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I-751 submitted USC Spouse died

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Filed: IR-1/CR-1 Visa Country: Kenya
Timeline

-Married in 2015 to USC wife while living in the US.

-Had interview and got conditional green card.

-Submitted I-751 and 7 months later, USC wife passed away. She was battling drug addiction & mental issues that prompted us to separate temporarily, and I had moved to a new place away from her. Her family wasn't too happy with me, but I tried to help her but there was no hope. She tragically passed away.

-I am submitting a waiver to USCIS as I got an RFE for changing address & proving that my spouse and I still live together. Consulted a lawyer and was told to submit a personal statement documenting what happened, and submit latest tax return documenting joint filing, as well as other financial documents showing joint accounts that have not been submitted to USCIS before. Lawyer also asked to submit a copy of the death certificate. I obtained the death certificate, and the problem is her family purposefully took me off as the surviving spouse. In the marital status area, it says "NEVER MARRIED".  If I want to amend it, I need to fill out all these forms and mail them and they require 2 signatures from people who are versed on the facts. That would require me to go to her family for getting a second signature. The lawyer said I don't need to go through that trouble and should just submit the death certificate as is and just explain in my personal statement what happened. I'm just lost and don't know what to do as I don't want to raise any red flags here. I also don't want to go to the in-laws as I know they won't help me out here and probably just want me out of their lives.

 

Hope anyone can provide me with ideas.

 

Much thanks!

10/1/2011 - OPT to H1b

11/5/2015 - Got married to wife (USC)

03/7/2016 - AOS package receipt

04/6/2016 - Biometrics completed

07/6/2016 - EAD card received

9/17/2016 - Notice of interview at USCIS San Francisco office received

10/20/2016 - Date of AOS interview CR1 at USCIS San Francisco office

10/26/2016 - Conditional Green Card Received

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Filed: AOS (pnd) Country: France
Timeline

To put « never married » on death certificate of a married deceased is a lie. If I were you, I would file to amend it with a copy of your marriage certificate proving that you are a widower and that you were married to your wife at the time of her death. 

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Filed: AOS (pnd) Country: Kenya
Timeline

Hi. I think you should try and have the death certificate amended which can be done as long as you still have your marriage certificate.

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Filed: Other Country: Brazil
Timeline

You  should amend the death certificate, and explain why the birth certificate was amended.If your wife signed the petition I-751 you need to ask  USCIS to convert the I-751 to an I-751 waiver, or you can refile a new I-751.

 

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I would think your marriage certificate would suffice to change that death certificate!  You guys didn't have any other friends besides her family?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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