MY SPOUSE PASSED AWAY(IR1 VISA)

[Juwon 1]

Please can someone help me with some clarification:  I have been married since 2015 to my USC spouse but we started our application around August 2019, long story short, I got DQ in July 2021 when my case was with NVC, however my spouse passed away in May 2022 while my case was still at NVC. I submitted an application to the USCIS on June 24th 2022 to convert my case to I-1360 for widower,  Their is evidence the application was delivered by FedEx to the Uscis office. I just got an interview date from my embassy in Lagos Nigeria but from the interview letter, my late spouse was still listed as part of the applicant on the interview letter. From my observation, I don't think the USCIS notified the embassy my wife passed because when my wife had passed away, my case was already at the NVC

 

Question: Do I have to be worried the USCIS never recieved my letter to convert my approved I-130 TO I-1360

                   Do I have to tell the consular officer on interview date my wife passed?

Edited October 3, 2022 by Juwon

[Dil & Malar 91]

13 minutes ago, Juwon said:

Please can someone help me with some clarification:  I have been married since 2015 to my USC spouse but we started our application around August 2019, long story short, I got DQ in July 2021 when my case was with NVC, however my spouse passed away in May 2022 while my case was still at NVC. I submitted an application to the USCIS on June 24th 2022 to convert my case to I-1360 for widower,  Their is evidence the application was delivered by FedEx to the Uscis office. I just got an interview date from my embassy in Lagos Nigeria but from the interview letter, my late spouse was still listed as part of the applicant on the interview letter. From my observation, I don't think the USCIS notified the embassy my wife passed because when my wife had passed away, my case was already at the NVC

 

Question: Do I have to be worried the USCIS never recieved my letter to convert my approved I-130 TO I-1360

                   Do I have to tell the consular officer on interview date my wife passed?

Sorry to hear the loss.  God bless.   I would say you should definitely update the consular officer with the current situation and be upfront, frank about your efforts to convert I130 to I1360

[JeanneAdil 6,443]

if u submitted the I 360 ,  it would be added to the packet that goes to the embassy for the interview 

i hope u kept a copy of the submitted form for your protection

 

sorry for your loss

[Juwon 1]

3 minutes ago, JeanneAdil said:

if u submitted the I 360 ,  it would be added to the packet that goes to the embassy for the interview 

i hope u kept a copy of the submitted form for your protection

 

sorry for your loss

Yes I have a copy of the letter submitted to the USCIS and I printed it to take along to the embassy. Thanks a lot for your response

18 minutes ago, Dil & Malar said:

Sorry to hear the loss.  God bless.   I would say you should definitely update the consular officer with the current situation and be upfront, frank about your efforts to convert I130 to I1360

Okay. Thanks

[JeanneAdil 6,443]

6 minutes ago, Juwon said:

Yes I have a copy of the letter submitted to the USCIS and I printed it to take along to the embassy. Thanks a lot for your response

Okay. Thanks

Not a letter

but the actual  I 1360 form 

every thing we do with immigration has a form

 

u would also need a death certificate for your spouse

Edited October 3, 2022 by JeanneAdil

[Juwon 1]

1 minute ago, JeanneAdil said:

Not a letter

but the actual  I 1360 form 

every thing we do with immigration has a form

 

u would also need a death certificate for your spouse

I had submitted my wife's death certificate, approved i-130 and marriage certificate.  I had sent this packet of document to the USCIS Potomac service center where my i-130 was approved. Document was sent by FedEx and it showed it was signed for and delivered to the Potomac service center. I was already DQ at NVC when my wife had passed away in may 2022 and when I had submitted document to have my case converted to 1-1360 in June 2022. I got interview letter with my late wife still being an applicant for the interview, I am just really suprised if the Uscis never notified either NVC or embassy with my packet of documents 

[JeanneAdil 6,443]

1 minute ago, Juwon said:

I had submitted my wife's death certificate, approved i-130 and marriage certificate.  I had sent this packet of document to the USCIS Potomac service center where my i-130 was approved. Document was sent by FedEx and it showed it was signed for and delivered to the Potomac service center. I was already DQ at NVC when my wife had passed away in may 2022 and when I had submitted document to have my case converted to 1-1360 in June 2022. I got interview letter with my late wife still being an applicant for the interview, I am just really suprised if the Uscis never notified either NVC or embassy with my packet of documents 

DID U SUBMIT THE 1360 FORM AND GET A RECEIPT FOR IT?

[Juwon 1]

1 minute ago, JeanneAdil said:

DID U SUBMIT THE 1360 FORM AND GET A RECEIPT FOR IT?

I didn't submit 1-1360 form because the USCIS law says: If you were married to a U.S. citizen who had filed Form I-130, Petition for Alien Relative for you before he or she died, you do not need to file anything. The Form I-130 will be automatically converted to a Form I-360,    

I only submitted death certificate, approved i-130 and marriage certificate to notify them 

[powerpuff 6,620]

~~ Topic moved from CR1/IR1 forum to Effects of Major Family Changes on Immigration benefits where similar questions at posted ~~
 

I’m very sorry for your loss.

[Juwon 1]

1 minute ago, powerpuff said:

~~ Topic moved from CR1/IR1 forum to Effects of Major Family Changes on Immigration benefits where similar questions at posted ~~
 

I’m very sorry for your loss.

Thank u

[carmel34 3,614]

3 hours ago, Juwon said:

Do I have to tell the consular officer on interview date my wife passed?

Yes you have to tell the interviewing consular officer everything and take copies of what you submitted to USCIS regarding your spouse's death.  They may want to see an original death certificate so make sure you have that.

[Juwon 1]

7 hours ago, carmel34 said:

Yes you have to tell the interviewing consular officer everything and take copies of what you submitted to USCIS regarding your spouse's death.  They may want to see an original death certificate so make sure you have that.

I was scanned a death certificate from her niece,  If i have that printed out and taking with me to the embassy, you think they would accept that?

[Family 3,988]

1 hour ago, Juwon said:

was scanned a death certificate from her niece,  If i have that printed out and taking with me to the embassy, you think they would accept that?

You must carry an Original death certificate to the interview, this is a must. 
Even though you were DQ, you were required to also notify NVC and upload I-864 W ( exemption). 
You should upload the death certificate and I-864 W now .

[Juwon 1]

35 minutes ago, Family said:

You must carry an Original death certificate to the interview, this is a must. 
Even though you were DQ, you were required to also notify NVC and upload I-864 W ( exemption). 
You should upload the death certificate and I-864 W now .

I didn't contact the NVC because I did read it was the USCIS i had to contact because they approved my i-130 and they will just convert to 1-1360, you think I can still upload the  I-864 W ( exemption) and the death certificate to the NVC? My case already left the NVC. .  I have been scheduled for an interview on the 16th of Nov. My wife niece told me the death certificate was submitted to the department of transportation and she too don't presently have it

[nastra30 2,281]

13 minutes ago, Juwon said:

I didn't contact the NVC because I did read it was the USCIS i had to contact because they approved my i-130 and they will just convert to 1-1360, you think I can still upload the  I-864 W ( exemption) and the death certificate to the NVC? My case already left the NVC. .  I have been scheduled for an interview on the 16th of Nov. My wife niece told me the death certificate was submitted to the department of transportation and she too don't presently have it

They can always go get another certified copy of death certificate from their department of vital records and statistics. They should do so now and express mail it to you.

Sorry for your loss.