My Spouse has passed away

[PIRuby 9]

I know everyone kind of follows everyone else, so here is my update.  My loving husband and father passed away June 14 in a tragic accident. Our family is just not settled yet for this. My MIL says it will take a bit longer now, even though we were at stage for interviews and waiting DQ on 2 children. She says the information is confusing and even lady at USCIS did not seem sure of what to do and kept going to look things up.  Does anyone know anyone who has dealt with this?  Not worried about needing another sponsor, we are good there. Please prayers for my kids, who are having a difficult time dealing at the moment.

[SalishSea 17,506]

23 minutes ago, PIRuby said:

I know everyone kind of follows everyone else, so here is my update.  My loving husband and father passed away June 14 in a tragic accident. Our family is just not settled yet for this. My MIL says it will take a bit longer now, even though we were at stage for interviews and waiting DQ on 2 children. She says the information is confusing and even lady at USCIS did not seem sure of what to do and kept going to look things up.  Does anyone know anyone who has dealt with this?  Not worried about needing another sponsor, we are good there. Please prayers for my kids, who are having a difficult time dealing at the moment.

So sorry for your loss <3.

 

Yes, you can self-petition as a widow.  I am not sure of the details on how to do that.   Trying to think of someone here who may know......   maybe @Villanelle  ?   @TBoneTX, can you think of anyone else who might know?  I was trying to tag Sandra and Jan, but I guess I didn't get their exact usernames correctly.

Edited July 12, 2022 by Jorgedig

[hunny&me 274]

I am sorry for your loss.  This is is heartbreaking.  I have researched this before for a friend, but do not have the answers now as she did not pursue it.  I hope and pray all is well with you and kids.  Prayers offered.

[bakphx1 789]

That is so sad.  I found one site that addresses this specifically.  It looks like you don’t have to file anything additional for the moment.  They will still just adjudicate based on the same criteria-legal marriage, marriage was in good faith.  

 

Here is where I found a nice outline of this specific circumstance:  https://www.lawinfo.com/resources/immigration/the-widow-s-penalty.html

[Family 3,842]

Condolences and good thoughts for you and your little ones. 

From your post I will assume you and your children are in the Philippines awaiting NVC and Interview CR 1

That process will stop once you send in notification of Petitioners death because you ( beneficiary ) is outside . Requesting Humanitarian Reinstatement is extremely difficult , time consuming and uncertain.

 

You need to file I-360 as Widower of USC ( use same docs as were used for the I-130.) and it will follow the same process USCIS- NVC-Consulate….but should be much quicker as there is no Sponsor / I-864 issue. If kids did not CBRA yet , they will be derivatives on the I-360 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-9

 

https://www.uscis.gov/i-360

God Bless

 

 

 

[Unlockable 7,314]

So sorry for your loss.

 

God be with you. 

[arken 4,197]

The pending or approved i130 for a spouse usually automatically gets converted to i360 if the USC petitioner dies. Separate filing of i360 isn't required. The children of the alien spouse will now be derivative beneficiaries for immigrant visas under the auto-converted i360 petition.

 

Since it is at NVC phase, it's best to contact them by emailing the death certificate and requesting the i130 petition that they are in possession of be converted to i360 petition for interview purpose. Contact uscis as well on how send a copy of the death certificate - via mail or online if i130 was filed online.

[Family 3,842]

1 hour ago, arken said:

The pending or approved i130 for a spouse usually automatically gets converted to i360 if the USC petitioner dies. Separate filing of i360 isn't required.

@arken thank you for the correction. You are right , the conversation is automatic so no need to refile. Just upload certificate and I-864 W to NVC.  
 

Given the circumstances, make an immediate request to Expedite and you will be granted  by NVC. 
Also make the request to expedite to Consulate. 

https://www.ilrc.org/sites/default/files/resources/surv_relatives_hl.pdf

Upon notification of the death of a U.S. citizen petitioning spouse, USCIS will automatically convert a pending or approved Form I-130 to a Form I-360 self-petition,14 and the applicant does not need to re-file

 

 

[PIRuby 9]

On 7/12/2022 at 1:19 AM, Family said:

Condolences and good thoughts for you and your little ones. 

From your post I will assume you and your children are in the Philippines awaiting NVC and Interview CR 1

That process will stop once you send in notification of Petitioners death because you ( beneficiary ) is outside . Requesting Humanitarian Reinstatement is extremely difficult , time consuming and uncertain.

 

You need to file I-360 as Widower of USC ( use same docs as were used for the I-130.) and it will follow the same process USCIS- NVC-Consulate….but should be much quicker as there is no Sponsor / I-864 issue. If kids did not CBRA yet , they will be derivatives on the I-360 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-9

 

https://www.uscis.gov/i-360

God Bless

 

 

 

What is CBRA?

[Ontarkie 14,143]

I'm very sorry for your loss. 

[Family 3,842]

First please know that you will NOT need to refile anything other than the death certificate and I-864 W ( no sponsor needed) to get expedited. 
 

CBRA is reference to children being registered as US Citizens at birth ..but it only applies if your husband ( their father) was already a US citizen when they were born. 
 

You are strong and wish you much support from all in your life

[TBoneTX 44,787]

Soliciting is not allowed according to VJ's Terms of Service, so a post has been removed.

 

Sincerest condolences.  May you be comforted among all who mourn.

[PIRuby 9]

On 7/12/2022 at 12:19 AM, Family said:

Condolences and good thoughts for you and your little ones. 

From your post I will assume you and your children are in the Philippines awaiting NVC and Interview CR 1

That process will stop once you send in notification of Petitioners death because you ( beneficiary ) is outside . Requesting Humanitarian Reinstatement is extremely difficult , time consuming and uncertain.

 

You need to file I-360 as Widower of USC ( use same docs as were used for the I-130.) and it will follow the same process USCIS- NVC-Consulate….but should be much quicker as there is no Sponsor / I-864 issue. If kids did not CBRA yet , they will be derivatives on the I-360 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-9

 

https://www.uscis.gov/i-360

God Bless

 

 

 

UPDATE:  I have called USCIS 3 times and got 3 different answers. The first one I ignored because it was obvious she did not know what the heck she was doing. The final one told me that because they are already at NVC with 3 of the 5 DQed already, that I had to notify them and they would give me instructions. She said it will automatically go to the I360 but I would not have to complete it. Time will tell because NVC is 2 months behind on their messages. I appears that I will not need another sponsor, but again, we will see.  I will update in a new post when I find out, in order that someone else may benefit.