B2 Visa 45days only Wife of deceased U. S. Citizen

[Demise 1,290]

10 minutes ago, ana gamvoa said:

If I will stay permanently here in the US what should I do? Am I allowed to get a working permit here? 

By the way the Border stamp my passport til Sept 24 2022

Yeah, you will file forms:

I-360, I-485, I-765, I-131, I-693 (can be submitted later), I-864W

 

You will get an interim work permit and advance parole (temporary permission to travel) a few months into the process. The date on the stamp or date on the I-94 is how long you're permitted to remain US for. If you file for AOS using the above forms then you will remain in a period of authorized stay until a decision is made on the I-485. Also, overstay is forgiven in cases of widow(er)s as you're considered on par with immediate relatives, though you should get the forms in to USCIS while your admission period is still valid.

[Chancy 6,241]

13 hours ago, ana gamvoa said:

If I will stay permanently here in the US what should I do? Am I allowed to get a working permit here?

 

As mentioned above, you may file for Adjustment of Status to green card holder while you are still in the US.  But you must be prepared to wait many months for your work permit.  There is no guaranteed timeframe, so if you are unlucky, you may need to wait up to a year.  Do you have the funds or the support to be able to live in the US until you are allowed to work?  If not, you should consider returning to the Philippines and applying for an IW visa instead.  Start the process by filing an I-360 self-petition as a widow of a US citizen.

 

[ana gamvoa 0]

17 hours ago, Demise said:

Yeah, you will file forms:

I-360, I-485, I-765, I-131, I-693 (can be submitted later), I-864W

 

You will get an interim work permit and advance parole (temporary permission to travel) a few months into the process. The date on the stamp or date on the I-94 is how long you're permitted to remain US for. If you file for AOS using the above forms then you will remain in a period of authorized stay until a decision is made on the I-485. Also, overstay is forgiven in cases of widow(er)s as you're considered on par with immediate relatives, though you should get the forms in to USCIS while your admission period is still valid.

Can you gave me please  the step by step forms  that I will submit?  And can i apply from a different state? Currently I am here in California and wanted to stay in my sister at IL. 

[Demise 1,290]

On 3/30/2022 at 3:27 PM, ana gamvoa said:

Can you gave me please  the step by step forms  that I will submit?  And can i apply from a different state? Currently I am here in California and wanted to stay in my sister at IL. 

 

The ones I listed are all of the ones you'll be submitting

I-360 - Self petition as a window of a US Citizen (form is used for multiple categories, fill out the ones applicable to all and widows)

I-485 - Application for adjustment of status (this is the one that when approved gets you a green card)

I-765 - Application for employment authorization (category code (c)(9)( )) (this is so you can get a work permit while you wait for your green card).

I-131 - Application for travel authorization (fill out the all and advance parole parts) (this is so you can get an advance parole annotation on your work permit in case you need to travel while the green card application is pending)

I-864W - Exemption from affidavit of support, check the widow(er) box

I-693 - Medicals, you need to get an appointment with a certified civil surgeon, let them do the poking and probing that medical exams are, then the civil surgeon will fill it out, sign it, and seal it, do not open it.

 

Other than that you need to supply the following evidence (all of these are copies, documents not in English need to include a translation and a certification from the translator):

• Proof your spouse was a US Citizen (US birth certificate, naturalization certificate, certificate of citizenship, US passport, US passport card, consular report of birth abroad)
• Proof that you were married (marriage certificate)
• Proof that your marriage was legit (here you have a lot of leeway, these are things like pictures, birth certificates of your joint children, joint properly leases, joint insurance (any kind), life insurance listing the other as beneficiary, etc, etc, basically any kind of documents that a married couple would have).
• Proof that your spouse passed away (death certificate)

Then for yourself you will need:

• ID (passport, state ID, driver's license, etc)
• Proof that you were admitted into US (entry stamp + I-94)
• Birth certificate

The filing fee is $435 for the I-360 and $1225 for I-485, payable by check, money order, or card using form G-1450. If you are unable to pay you can request a fee waiver using form I-912. The other forms do not have a filing fee. With I-693 the civil surgeon will likely charge you but there's no filing fee with USCIS.

 

All of that you will file as a single packet (except maybe I-693 which you can file later). I recommend including a cover page with an "Index of Documentation" and separating your evidence into exhibits:

E.g.

 

• Check in the amount of $1670 for the filing fees
• Forms:
  • Form I-360 as Widow of US Citizen
  • Form I-485
  • Form I-765
  • Form I-131
  • Form I-864W
  • Form I-693 (signed and sealed by a certified civil surgeon)
• Exhibits:
  • Exhibit A: Copy of Birth Certificate with English Translation
  • Exhibit B: Copy of Passport, entry stamp, and I-94
  • Exhibit C : Copy of Marriage Certificate between [Your name] and [Spouse's name]
  • Exhibit D: Copy of [Spouse name]'s death certificate
  • and so on and so forth

 

Regarding your upcoming move, put your sister's address in IL as your address and in the last part for explanation put that you will be moving there soon and like any and all correspondence to go there. Regardless of where you live this will go to the Chicago Lockbox:

 

For USPS:

USCIS
Attn: AOS
P.O. Box 805887
Chicago, IL 60680

 

For FedEx, UPS, DHL, etc:

USCIS
Attn: AOS (Box 805887)
131 South Dearborn-3rd Floor
Chicago, IL 60603-5517

Edited March 31, 2022 by Demise

[Stein 276]

Seems strange to be married for 10 years but never applied to immigrate but now that the spouse is deceased you want to stay.  Why now?