B2 Visa USC Spouse passed away (split)

[kingzecole 0]

On 3/27/2022 at 3:55 AM, ana gamvoa said:

Hello everyone. 

I am legally married to a u. s. citizen for 10 years. unfortunately he died last month and i was here in U. S. to facilitate his burial but under the B2 visa for only 45days. Can I apply for an extension or can I start applying as an immigrant here while I am in U. S. for 45days under B2 visa?  please any advice.. 

How do you get the B2 visa?. I lost my spouse who is a US citizen on January 13, 2022. We have buried her, but I was viewing the whole funeral online, didn't have the opportunity to be there. When she was still alive, she file for me and the uscis approved the petition and the petition was forwarded to NVC for consular interview. I have been waiting for the visa interview date from NVC since almost a year now after we have submitted all necessary documents at the NVC and they respond to us that our application is documentarily qualified.

 

1. Please guys what do I do at this stage?

 

2. More importantly, I need to visit the US soon to pay my respect physically at the burial ground. How do I go about getting the visiting visa?

[aaron2020 11,651]

12 minutes ago, kingzecole said:

How do you get the B2 visa?. I lost my spouse who is a US citizen on January 13, 2022. We have buried her, but I was viewing the whole funeral online, didn't have the opportunity to be there. When she was still alive, she file for me and the uscis approved the petition and the petition was forwarded to NVC for consular interview. I have been waiting for the visa interview date from NVC since almost a year now after we have submitted all necessary documents at the NVC and they respond to us that our application is documentarily qualified.

 

1. Please guys what do I do at this stage?

 

2. More importantly, I need to visit the US soon to pay my respect physically at the burial ground. How do I go about getting the visiting visa?

Hi,

 

1.  Your petition was automatically revoked when your spouse died.  It hasn't been formally revoked because you probably have not notified the NVC that the petitioner has passed.  You need to do this.  This journey is over.  You will only end up with a denial at your interview.  You need to file for a widow petition to start a new process.  Google I-360

2.  The only way for you to visit the US is with a visitor visa.  You apply online.  Google US visitor visa and your country.  

 

Best of luck.

 

 

[Chancy 6,241]

14 hours ago, aaron2020 said:

Your petition was automatically revoked when your spouse died.  It hasn't been formally revoked because you probably have not notified the NVC that the petitioner has passed.

 

I-130 for spouse of USC does not get automatically revoked upon petitioner's death.  Note that this is the case only for spouses of USC.  The I-130 is automatically converted to an I-360 petition, assuming the widow(er) still wants to pursue the case.  From https://fam.state.gov/fam/09FAM/09FAM050201.html --

Quote

(2)  Petitioner’s Death (Widow(er)): 

(a)  USCIS regulations allow for the automatic conversion of a Petition for Alien Relative, Form I-130, to a Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, upon the petitioner’s death in the case of an immediate relative spouse (now widow(er)) of a U.S. citizen.  No further action is required on the part of USCIS to automatically convert the petition, nor does any revocation and reinstatement need to be performed. See 8 CFR 204.2(i)(1)(iv).

 

15 hours ago, kingzecole said:

Please guys what do I do at this stage?

 

Sorry for your loss.  If you still want to pursue an immigrant visa, no need to file a new petition.  Contact NVC via their public inquiry form and notify them of your petitioner's death.  Attach a copy of the death certificate.  Then request that your visa case be converted to IW1 (spouse of deceased USC) category.

 

[Ontarkie 14,227]

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