Filing to Certify marriage after death of US Citizen Spouse

[Sharon Santana 0]

My spouse that was US Citizen recently passed away.  We were married in Honduras 14 years ago, but never filed paperwork in US or cohabitated in the US.  I would like to file to receive my spousal portion of my spouse's estate.

How can I go about getting a spousal portion of spouse estate in SC.  I do have apostille verifying marriage but no paperwork ever filed in US while spouse was alive.

[milimelo 4,475]

Are you trying to file I-360 to get a green card as a USC's widow? 

[Sharon Santana 0]

Don't know what im eligible to do

[Sharon Santana 0]

Guess I need to add that I am in the US illegally

 

[OldUser 6,583]

This is not an immigration question, maybe a family lawyer could help?

[TBoneTX 45,222]

Your best bet may be to consult an estate/probate attorney who has immigration experience or the wherewithal to consult colleagues who have it.

[nastra30 2,284]

2 hours ago, Sharon Santana said:

Guess I need to add that I am in the US illegally

 

How did you enter the US?

[Sam Burns 155]

6 hours ago, nastra30 said:

How did you enter the US?

Illegally…..

[Demise 1,276]

9 hours ago, Sam Burns said:

Illegally…..

Well there's illegally because you entered without inspection, and there's illegally because you overstayed. In the latter case (overstay) at least OP should be able to file I-360 as a widow and adjust, provided it's been less than 2 years since spouse's death.

In the former case (EWI) 204(l) should cover an I-601A provided OP has resided in US at the time of spouse's death and continues to reside in US.

Proving bona fides might be harder depending on the circumstances since OP has said that they never lived together in US, however nothing in the law requires cohabitation specifically in US (like for example is a requirement for VAWA).

 

Anyways OP, regarding estate law, US doesn't do any kind of registration of foreign marriages and basically just gives full faith and credit to foreign marriages as long as they're not prohibited under US law (e.g. polygamous marriages and you're the second or latter wife). So a translated Honduran marriage certificate is basically the document proving you're eligible to inherit from your late husband in absence of any will to the contrary.

Edited Tuesday at 12:39 PM by Demise

[Sharon Santana 0]

I was not in my spouse's will.

[appleblossom 2,423]

5 minutes ago, Sharon Santana said:

I was not in my spouse's will.

 

Was there no will at all? Or he did have a will but didn't bequeath anything to you?

 

 

[Sharon Santana 0]

will left all to spouse's family none to me

 

[Demise 1,276]

12 minutes ago, Sharon Santana said:

will left all to spouse's family none to me

 

You might be able to contest it unless it did actually disinherit you (e.g. "to my wife Sharon I leave nothing"), especially if the marriage was entered into after the will was signed or if there's another later will created over in Honduras. But that's really a question better poised for an estate attorney rather than this site. We're here mostly for immigration aspects like if you wanted to get a widow petition, get a green card, and just keep on living in US.

 

When it comes to the question you asked originally, I'll just restate what I said previously: US doesn't do any kind of recording, transfers, or legitimation of foreign marriages and just holds them valid as long as they don't violate US law. Similar should hold to any foreign will if there is one.

[Pinkrlion 2,715]

On 11/12/2024 at 7:19 AM, Sharon Santana said:

will left all to spouse's family none to me

 

There nothing you can do. You never lived together as husband and wife so his current will would be used as valid.