My spouse passed away and I’m a green card holder!

[Potter3 2]

Hi how are you! 
 

I have a question my spouse passed away suddenly 😔,

and he was the one who was taking care of all the papers and applications. I have no idea what to do in this case! 

so I’m a green card holder I just got it like 4 months ago! 😔

 

and the case is that I’m living with his mom just to help her out with everything of course. I consider her my mom. God bless her. 
 

I’m sorry for my question but I have no idea about any of the documents or any of that. So if you can please help me to understand exactly what I should do. And do I need an attorney for that! 
 

thank you so much in advance!! 
 

 

[HRQX 4,145]

46 minutes ago, Potter3 said:

so I’m a green card holder I just got it like 4 months ago! 😔

If your Green Card is only valid for 2 years then you can file Form I-751 now: https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf "You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States.

Edited February 28, 2021 by HRQX

[Demise 1,289]

7 hours ago, Potter3 said:

Hi how are you! 
 

I have a question my spouse passed away suddenly 😔,

and he was the one who was taking care of all the papers and applications. I have no idea what to do in this case! 

so I’m a green card holder I just got it like 4 months ago! 😔

 

and the case is that I’m living with his mom just to help her out with everything of course. I consider her my mom. God bless her. 
 

I’m sorry for my question but I have no idea about any of the documents or any of that. So if you can please help me to understand exactly what I should do. And do I need an attorney for that! 
 

thank you so much in advance!! 
 

 

If it's conditional (2yr) then you can file I-751 now. Send them a copy of the death certificate and evidence that your marriage was legitimate while it lasted (joint accounts, bills, insurance information (health, life, car, other properties), birth certificates of children, IDs listing a common address, etc).

If it's unconditional (10yr) then you're set and don't have to do a thing.

[Potter3 2]

10 hours ago, HRQX said:

If your Green Card is only valid for 2 years then you can file Form I-751 now: https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf "You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States.

Thank you so much for your comment, 

 

so as far as I got I can file I-751 form to let them know that my spouse passed away. 
 

if I may ask what’s the meaning of removal of conditions!
And may I file the form anytime from now, however I just got my (2 years) green card within the past couple of months! 

thanks again. 

 

[Potter3 2]

3 hours ago, Demise said:

If it's conditional (2yr) then you can file I-751 now. Send them a copy of the death certificate and evidence that your marriage was legitimate while it lasted (joint accounts, bills, insurance information (health, life, car, other properties), birth certificates of children, IDs listing a common address, etc).

If it's unconditional (10yr) then you're set and don't have to do a thing.

Yes it is 2 years green card, 

 

but because we literally just went to the interview not that long ago, so the documents would be the same kind of! 

Do you think would it be an issue! 
 

also we don’t have children. 

Edited February 28, 2021 by Potter3

[HRQX 4,145]

1 hour ago, Potter3 said:

so the documents would be the same kind of!

Yes, send a copy of the same type of documents you had at recent interview. Like you mentioned, there's probably a few even newer documents (I.e. joint bank statements, etc.) in the short time frame after the interview so also send a copy of whatever you do have.

[TBoneTX 45,312]

If you have Wills, durable & general powers of attorney, and similar estate documents, these go a long way as evidence.

[Potter3 2]

thank you so much for your help guys,But I have another question, since my spouse passed away recently and We haven’t file the taxes yet!
 

So is it better to file it married jointly or married separately from your opinions and also for the future with the green card application!! 

 

[HRQX 4,145]

1 minute ago, Potter3 said:

So is it better to file it married jointly or married separately from your opinions and also for the future with the green card application!!

Calculate it both ways for comparison, but odds are Jointly would result in more favorable number (i.e. lower tax liability).

[Potter3 2]

On 3/1/2021 at 2:18 AM, TBoneTX said:

If you have Wills, durable & general powers of attorney, and similar estate documents, these go a long way as evidence.

Unfortunately he has no will because he was young and it was literally unexpected 😢,

 

I don’t know about the attorney thing! But for my knowledge there’s non of that! For the most part I have only the same papers, and I’m going to try to get the recent bank account statements that we have joint together. And also Verizon statement bill that we as also have together but that’s all, would that be sufficient!!

[Potter3 2]

Just now, HRQX said:

Calculate it both ways for comparison, but odds are Jointly would result in more favorable number (i.e. lower tax liability).

So I went today to his accountant and he has told me that i will have to pay so much money because of the way he had set it up, that if I filed it jointly, 

he told me if I file it separately it would be much easier for me. But I’m afraid for the future that this would be an issue you know what I mean!

[HRQX 4,145]

1 minute ago, Potter3 said:

But I’m afraid for the future that this would be an issue you know what I mean!

For immigration it's not an issue. Couples sometimes file Separately for financial reasons.

[Potter3 2]

1 minute ago, HRQX said:

For immigration it's not an issue. Couples sometimes file Separately for financial reasons.

So that means it’s not required that I have to send a copy of our taxes on this application!! 
 

from your point of view do I need an attorney to help me out with this application or not! 

[HRQX 4,145]

5 minutes ago, Potter3 said:

So that means it’s not required that I have to send a copy of our taxes on this application!!

Copy of taxes is not required. The "Evidence of the Relationship" is in a case-by-case basis: https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf "Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in “good faith” and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date"

8 minutes ago, Potter3 said:

from your point of view do I need an attorney to help me out with this application or not! 

In my opinion, attorney not need. It can be DIY. If you have any questions other users here in visajourney may have relevant advice.

[Potter3 2]

2 minutes ago, HRQX said:

Copy of taxes is not required. The "Evidence of the Relationship" is in a case-by-case basis: https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf "Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in “good faith” and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date"

In my opinion, attorney not need. It can be DIY. If you have any questions other users here in visajourney may have relevant advice.

I have all the documents he was so organized and he always kept a copy for ourselves, 

 

we lived with his mom in the same apartment and I’m living with her now and I won’t leave her because she’s elder, we have a litter from her states that we live together since I came to the US, he put me as authorized user for his credit cards “I don’t know if that would help to get a print of the statements” or not! 
 

that’s all what we have together as names! 
 

I don’t know if it would be ok! Or would they need more!