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Mark11

My Wife (Brazilian immigrant) died from Covid during AOS -- how do I withdraw the application?

By Mark11 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Mark11
Mark11

Dear Group, I write with a very heavy heart.  My beloved wife came to the US on a K-1 visa in June 2020.  We married immediately and filed the whole I-485 packet including all the supporting form

Mark11
Mark11

@payxibka  Thank you for the advice, but USCIS has put in a lot a lot of time processing our application and it only feels fair to notify them that we cannot follow through.  I don't want to use more

Sarah&Facundo
Sarah&Facundo

Mark,  My sincerest sympathies and deepest condolences. Despite your grief, you are still thinking of others which is incredible. Just by posting here because you want to see the USCIS spend time

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SneauxsMom Rookie

SneauxsMom   0

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On 3/2/2021 at 12:01 AM, Mark11 said:

Dear Group,

I write with a very heavy heart.  My beloved wife came to the US on a K-1 visa in June 2020.  We married immediately and filed the whole I-485 packet including all the supporting forms and received the NOAs for all.  While waiting for the AOS interview, she died from covid and that has pretty much destroyed my life.  I called the USCIS hotline for advice on how best to withdraw the application, but they seemed very befuddled and recommended that I file form I-140 (which has nothing do with withdrawing a petition -- completely wrong) with the center that is handling my case.  They gave me an address based on my zip code, but I'm questioning if that's correct based on their recommendation of an incorrect form.

 

I just got notice yesterday that the AOS interview has been scheduled and a notice has been sent out.  Should I wait for this notice and then send a letter with a copy of the notice and death certificate to the address on the notice.  That seems to make the most sense.  Thank you for any advice.  Normally I would be able to figure this stuff out on my own (we got this far . . .), but my brain is very muddled these days.  My apologies.

 

Thank you,

Mark

Hi Mark,

I have no advice on this.

Just really wanted to express my condolences. 

This is so incredibly painful!

Sending you strength.

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blchaddy Contributor

blchaddy   15

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Filed: IR-1/CR-1 Visa Country: United Kingdom
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first and foremost, I am so incredibly sorry for your loss. I wish I could say something to help ease your pain. Please at least know you’re in my thoughts. 
 

I understand you wanting to let USCIS know. Can you try emailing USCIS help/customer service with your AOS details to let them know you want to withdraw your petition? How about trying to call again—maybe you’ll get someone more informed on the line. I tried doing a quick search myself, but couldn’t really find a definitive answer. I think trying to contact them is your best bet. Or, if you can always contact an immigration lawyer. Try to have a loved one do these calls for you so you do not have to deal with it. 

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TBoneTX Grand Master

TBoneTX   44,674

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Filed: Citizen (apr) Country: Ecuador
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May you be comforted among all who mourn.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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soybean Rookie

soybean   5

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Filed: IR-1/CR-1 Visa Country: Hong Kong
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I wouldn't be able to offer any advice on the process but please hang in there, dear Mark. Nothing will be able to make this any less painful but know that time will eventuallg help heal. Please please please  take care of yourself. Remember that your other half would want to know that you are doing the best you can and that she would be proud of you no matter what. 

Lots of love and hugs from the other side of the world. 

Natalie 

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Ed&Midori1031 Proficient

Ed&Midori1031   330

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Filed: AOS (apr) Country: Brazil
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I'm truly sorry for your loss, and sending my condolences.  This is truly devastating.  Hold on dearly to all the memories of you and your wife.    

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