Question about the Form I360 and and Form I485

[meblue 5]

Hi, my niece American husband died, my niece is a Filipino citizen residing in Philippines. And she will apply the form I 360 and form I 485. My questions are:  does she need to sent the I360 and I485 at the same time. Does she need to put it in separate envelope? Where is the proper agency to send the petition, is it in USCIS in the US or US embassy in the Philippines? Any input is appreciated. Thanks 

Edited January 29 by meblue

[Dashinka 24,487]

Sorry for your niece's loss.

 

As to the I360, she may not need to file that if an I130 was already previously filed.  She would just notify USCIS with the death certificate using the address on the I130 receipt. Beyond that, if an I360 is required (no I 130 in process), and she is eligible to file the I485, they do not need to be sent at the same time, but they can be.  Here are some links that may be helpful.

 

Good Luck!

 

https://www.nolo.com/legal-encyclopedia/marriage-green-card/applying-for-adjustment-status-as-widower-of-us-citizen.html

 

https://www.nolo.com/legal-encyclopedia/filling-out-uscis-form-i-360-self-petition-widower-us-citizen.html

 

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

[meblue 5]

Thank you for the reply. I really appreciate it.😊

[Chancy 6,241]

*** Moved from General Immigration-Related Discussion to Effects of Major Family Changes forum, where topics related to I-360 filing are discussed ***

 

On 1/29/2024 at 2:47 AM, meblue said:

my niece American husband died, my niece is a Filipino citizen residing in Philippines. And she will apply the form I 360 and form I 485.

 

If your niece is residing in the Philippines, she is not eligible to file I-485.  File only form I-360.  If her late husband already filed I-130 for her, no need for I-360, as mentioned above.

 

Edited February 5 by Chancy