What happens if the USC is no more ?

[JayJay 4]

Hello there - I am so sorry for the loss of your husband. I am sending my warmest and best thoughts your way, and hoping that the universe in general can shine some hope and something good down upon you at this time. It will - comfort and safety often happen when you need them most, but expect them least.

Now I agree with everyone else on here - an immigration lawyer is your best shot. There are a few circumstances in which a non-USC may continue the process themselves: for example, VAWA, when the non-USC spouse has been subject to abusive behaviour - in these cases, for example, the non-USC can continue by by themselves. I would think, reading a few of the stories of similar events happening to people (eg. 9/11), that it is indeed possible to remain,with good legal representation. Certain people have had to fight to remain, and have done so successfully so really, it's worth a shot.

I can absolutely understand why you want to stay, too - another move; another turmultuous event in your life really isn't what you need right now, is it? Do you have family who can cradle you a little during this time? I do hope so - we here as VJ will give you as much support as we can, but I believe you need more than that, so I do hope you have it.

Once you get an immigration attorney (use some of the links posted, or perhaps visit the AILA website to find one near you), I have a feeling things will be slightly easier - you won't have to worry about paperwork so much anymore, plus you'll have a legally trained aid at your side who will know their way around the system, and be able to offer some support to you when you need it the most.

I, and I am sure others, will keep you in their thoughts - come to us with any questions, or problems you might have (immigration-related or not) and I assure you, we will do our best to help you find the answers, and help you feel as though you are not alone in this.

Edited April 8, 2006 by JayJay

[Canindian 0]

Thank you all so much for your support and advise. I do appreciate it. My case has been transferred to Laguna Niguel in California and it is possible I may not have an interview.

[meauxna 15]

Thank you all so much for your support and advise. I do appreciate it. My case has been transferred to Laguna Niguel in California and it is possible I may not have an interview.

hi,

You should still find an attorney to meet with. If your AOS is approved without interview, your residency could still be void if the facts had changed in this way without their knowledge.

[MarieAnastasia 0]

God bless and take care of you. My deepest sympathy to you. I have no words of wisdom but my thoughts and prayers are with you . Please keep us posted on how you are doing...............{{{{{{{{{{{{{{{{HHUGS}}}}}}}}}}}}}}}}}

[Canindian 0]

My case just got approved without an interview and the GC is on its way, but I know it will not be the same once they are informed about the death. I do not have the death certificate yet.

[Kez/JWolf 6]

you may find since it is already approved that you will be allowed to keep it...

I would speek to a lawyer about it...

my thoughts are with you....

Kezzie

[Autumnal 25]

Congratulations on receiving the green card, though that might be a bittersweet moment because you are without your loved one.

I would be certain to retain an attorney if only for any complications that could arise.

[Peggy 1]

So sorry to hear about the loss of your husband

Sending hugs and prayers to you

[JeffM 0]

She has gone through the entire process and received her green card in a perfectly legal manner. She is now a conditional permanent resident. The death of her husband will not affect her status. The law says nothing about permanent residency being voided by the death of the US citizen spouse. When time comes for removal of conditions she will simply state the facts and should have no problem.

[sjoefl01 1]

I think you are correct Jeff. I don't know it to be a fact but it makes sense to me. I would use the card and ask the question again in 2 years.

She has gone through the entire process and received her green card in a perfectly legal manner. She is now a conditional permanent resident. The death of her husband will not affect her status. The law says nothing about permanent residency being voided by the death of the US citizen spouse. When time comes for removal of conditions she will simply state the facts and should have no problem.

[russ 1]

She has gone through the entire process and received her green card in a perfectly legal manner. She is now a conditional permanent resident. The death of her husband will not affect her status. The law says nothing about permanent residency being voided by the death of the US citizen spouse. When time comes for removal of conditions she will simply state the facts and should have no problem.

You should file for removal of conditions immediately in the case of the death of

your spouse. This would be an I-751 filed along with a death certificate.

I am truly sorry for your loss.

[lissa04 3]

I would still consult with an attorney. You never know what Immigration may say. It's hard enough losing a love one, and having to deal with all of this as well. My heart goes out to you.

Lissa

[sukie175 0]

Deepest sympathies

[meauxna 15]

She has gone through the entire process and received her green card in a perfectly legal manner. She is now a conditional permanent resident. The death of her husband will not affect her status. The law says nothing about permanent residency being voided by the death of the US citizen spouse. When time comes for removal of conditions she will simply state the facts and should have no problem.

I disagree; we don't know the relevant dates, and if her approval was based on incorrect information,her status may be in jeopardy.

I encourage the OP to see an immigration attorney to get a more definitive answer.

[diadromous mermaid 36]

For adjustment of status purposes, a marriage must be legally subsisting at the time that the immigration benefit is petitioned. There is an exception to this requirement that applies to aliens that were once married to now-deceased citizens. The courts have recently ceased to refer to the term "viable" as an indication of entitlement to immigration benefits, but rather take the ministerial view that immigration benefits arising from a marriage may be secured even if the parties are separated unless that separation legally recognised by the court. If parties are separated, though not legally, the alien is still considered by USCIS as an 'Immdeiate relative" although more scrutiny as to the legitimicy of the marriage may be made to determine if it is/was bona fide. Should parties be legally separated then the "immediate relative" classification is no longer valid, and benefits cannot be secured.

Immediate relative status should be granted to an alien who was the spouse of a USC for a period of at least 2 years at the time of the US citizen's death and has not since remarried. The key appears to be the 2 year length to the marriage.

Edited April 14, 2006 by diadromous mermaid