Update 15 months after son's Death (Merged 4X)

[RubysMom 8]

 Does ANYONE have experience with NOIR due to petieioner death?

[RubysMom 8]

Does anyone have experience with IW1 (widow) case with derivitives? Please post.

[JeanneAdil 6,583]

 

https://www.uscis.gov/green-card/green-card-eligibility/widower

 

To obtain a Green Card, you need to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with all required documents as listed in the form instructions. If your spouse filed Form I-130, Petition for Alien Relative, before his or her death, we will consider the petition as if you had filed an I-360.

 

 

Your unmarried children under the age of 21 (known as “derivatives”) may be included on your immigration petition.

As “immediate relatives,” your derivative children are granted benefits of the Child Status Protection Act, which “freezes” their ages as of the date of the principal’s filing of Form I-130 or I-360, whichever is applicable. This provision prevents them from aging-out if they turn 21 prior to adjudication of their adjustment-of-status or visa application. They must, however, continue to meet any other additional filing requirements. For more information, see our page on the Child Status Protection Act.

Edited September 24, 2023 by JeanneAdil

[Boiler 45,735]

I know the basics, they pop up on here infrequently.

 

They often seem to involve PI presumably because of age differences 

[RubysMom 8]

2 hours ago, Boiler said:

I know the basics, they pop up on here infrequently.

 

They often seem to involve PI presumably because of age differences 

Yes LOL he married a much younger gal, she was 2 years older. My son was Filipino, adopted as a baby. Also married a Filipina.  Do you remember anything that you have read about it?

[RubysMom 8]

Thank You, but I probably know that by heart now. It is the incident of receiving a NOIR while the case is at Embassy as IW already. 3 of the 4 kids got them, but DIL and oldest kid did not.   Trying to find someone who had an IW case but also received NOIR.

[Boiler 45,735]

You cannot never from an existing 1 130 or file a straight I 360. Depends where you are in the process.

[manyfudge 291]

34 minutes ago, RubysMom said:

son was Filipino, adopted as a baby. Also married a Filipina

Are these his biological children?

 

Wondering why they were not Americans at birth.

 

I presume your son attended high school in the US.

 

I saw you on Hacking.  You were great.

please post on Reddit.  R/immigration.

 

A few lawyers on there. 
 

Have you contacted the military? Looked like he was a vet.

Have his benefits come through?

 

 

[manyfudge 291]

31 minutes ago, Boiler said:

never

Never what?

[Boiler 45,735]

12 minutes ago, manyfudge said:

Never what?

Yuck auto correct 

[RubysMom 8]

42 minutes ago, manyfudge said:

Are these his biological children?

 

Wondering why they were not Americans at birth.

 

I presume your son attended high school in the US.

 

I saw you on Hacking.  You were great.

please post on Reddit.  R/immigration.

 

A few lawyers on there. 
 

Have you contacted the military? Looked like he was a vet.

Have his benefits come through?

 

 

LOL,  Thanks. Yes he went to school and University in States.  He was contractor, Military Support. His SSA survivor benefits are basically lost to wife and kids, there is a 5 year residence requirement.   His kids are step but he was only Dad they know for 14 years.

[manyfudge 291]

2 hours ago, RubysMom said:

year residence requirement. 

Ah, kids! I am sorry for your loss.   I guess he thought his forever home was the Philippines.

 

I would still post on r/immigration.

 

 

[pushbrk 12,998]

4 hours ago, RubysMom said:

Thank You, but I probably know that by heart now. It is the incident of receiving a NOIR while the case is at Embassy as IW already. 3 of the 4 kids got them, but DIL and oldest kid did not.   Trying to find someone who had an IW case but also received NOIR.

Provide more details of the circumstances, like ages of the kids now and when the I-130 was filed.  This is probably not a do it yourself thing at this point, but you could ask for an explanation.  Get your senior US Senator's local office involved immediately.

[Ontarkie 14,307]

~~Related thread merged. Please do not start more than one thread on the same or related topic.~~

[Family 4,065]

I think DIL ( principal ) and all 4 children ( I-360 derivatives ) getting a NOIR /revocation. 
Although they have met the I-130 to I-360 conversion requirements , they do not qualify for sec 204 (l) benefits..because that entails the beneficiary ( DIL) resided in the US at the time of petitioner ( your son) death. 
 

This means that DIL and kids must seek Humanitarian Reinstatement .  
You have EXCELLENT grounds for approval ( from details in your post ) and should file one packer for reinstatement of entire family unit ( DIL and 4 kids ..mention your son’s little puppy for human touch ).