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Kumar5747

Deceased wife i-485 is pending , EAD received . Husband can get GC thru deceased Spouse ?

By Kumar5747 in Effects of Major Family Changes on Immigration Benefits

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Kumar5747 Newbie

Kumar5747   0

Posted
Filed: F-1 Visa Country: India
 Timeline
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Hi Members ,

My wife i-485 is pending thru EB3 , she did received EAD and she was waiting for interview to be scheduled .
we were waiting for priority date to become current so she can apply i-130 & i485 petitions. but, due to her death , none of the petitions were filed and her priority date is current now .
since her i-485 is pending , is there any chance for me to get GC and i'm living in U.S but my F1 visa going to an end in Jan 2021.
i greatly appreciate your advice in advance . Thank you

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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
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Moved from What Visa Do I Need - Family Based Immigration forum to Effects of Major Family Changes on Immigration Benefits forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Boiler Grand Master

Boiler   45,535

Posted
Filed: K-1 Visa Country: Wales
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So she was petitioned by her old employer for a work visa, so no that is the end of the process.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Just Paul Veteran

Just Paul   4,595

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Filed: Citizen (apr) Country: Philippines
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Sorry,  you will not be able to get residency that way.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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NigeriaorBust Grand Master

NigeriaorBust   4,087

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Filed: Citizen (apr) Country: Nigeria
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35 minutes ago, Kumar5747 said:

Thanks for response. 

Best of my google knowledge,  There a law INA 204(l) relief and i-360 self petition as a widower . i could do concurrently filing i-360 and i-485 .

   That would only apply if the spouse is a US citizen.  The spouse was only a temporary worker so there is no path.  

This will not be over quickly. You will not enjoy this.

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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You may still be able to get a green card under Section 204(l).  Have a consultation with a qualified immigration lawyer.  Do it soon while you are still in status and residing in the US.  

 

https://www.uscis.gov/green-card/green-card-eligibility/basic-eligibility-for-section-204l-relief-for-surviving-relatives

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NancyNguyen Experienced

NancyNguyen   1,657

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Filed: Citizen (apr) Country: Vietnam (no flag)
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Posted

She wasn't even a LPR so I don't think you are qualified.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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20 minutes ago, NancyNguyen said:

She wasn't even a LPR so I don't think you are qualified.

Wife doesn't need to be an LPR.  She has to have an approved I-140.  He's a derivative beneficiary living in the US.  

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NancyNguyen Experienced

NancyNguyen   1,657

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Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted
2 hours ago, aaron2020 said:

Wife doesn't need to be an LPR.  She has to have an approved I-140.  He's a derivative beneficiary living in the US.  

No petition was filed for him. 

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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HRQX Veteran

HRQX   4,145

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Timeline
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17 hours ago, Kumar5747 said:

There a law INA 204(l) relief and i-360 self petition as a widower . i could do concurrently filing i-360 and i-485 .

Were you listed as derivative beneficiary on Form I-140? https://www.uscis.gov/green-card/green-card-eligibility/basic-eligibility-for-section-204l-relief-for-surviving-relatives

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NancyNguyen Experienced

NancyNguyen   1,657

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Filed: Citizen (apr) Country: Vietnam (no flag)
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Posted
2 minutes ago, aaron2020 said:

He doesn't need a petition filed for him.  He's a surviving derivative beneficiary on his wife's petition and he's currently living in the US.  

How do you know he is listed on her I-140?

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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igoyougoduke Experienced

igoyougoduke   1,656

Posted
Filed: Lift. Cond. (apr) Timeline
Posted
23 hours ago, Kumar5747 said:

Hi Members ,

My wife i-485 is pending thru EB3 , she did received EAD and she was waiting for interview to be scheduled .
we were waiting for priority date to become current so she can apply i-130 & i485 petitions. but, due to her death , none of the petitions were filed and her priority date is current now .
since her i-485 is pending , is there any chance for me to get GC and i'm living in U.S but my F1 visa going to an end in Jan 2021.
i greatly appreciate your advice in advance . Thank you

Based on INA 204 you are eligible to get AOS benefits even after the spouse who was the main applicant is no longer alive. You are correct but your green card is based on visa availability and for India there is probably a long wait before AOS is approved. 

 

 

duh

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
 Timeline
Posted

 

57 minutes ago, NancyNguyen said:

How do you know he is listed on her I-140?

I don't know.  How do you know he wasn't listed?

 

Furthermore, you're telling him that he doesn't qualify because his wife wasn't an LPR.  So what is that about?  Ever heard of 204(l)?

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