I-130 Petition For Spouse | What Happens If The Petitioner Dies Before Interview For Green Card?
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- Опубликовано: 7 июл 2024
- What happens when an I-130 petition for spouse is filed, but the petitioner dies before interview for a marriage green card? (Here are some tips if you have to seek a green card through remarriage: • How To Win A Green Car... )
What are the differences for winning permanent residence if the petitioner dies after i-130 approved versus if he or she passed away before it was approved?
(The i-130 form is known as the petition for alien relative. It is used to begin all family-based green card cases, where a spouse, parent, child, or sibling seeking a visa is being sponsored by a relative who is either a U.S. citizen or lawful permanent resident.)
Here is a link to our Family Visas And Immigrant Relative Petitions videos: • Family Immigration Ins...
Whether or not this petition is approved prior to or pending at the moment of the U.S. citizen's death, USCIS authorities will convert the i-130 petition for spouse into a surviving spouse immigration petition (an I-360 self-petition).
And what occurs in cases when a deceased husband or wife never filed any documents for his or her immigrant spouse?
In situations where the deceased petitioner i-130 paperwork was never submitted to the government, a surviving spouse must then independently file a i-360 widow petition (or i-360 widower petition) within a certain time frame.
In a nutshell, here are five important questions you need to know in order to win your green card marriage case after your spouse's death:
Was your spouse a U.S. citizen on the date of his or her death?
Was an Immigrant Relative Petition filed by your spouse before they passed away?
Were you and your spouse still married (and not legally separated) at the time of his or her death?
How long ago did his or her death occur?
Have you remarried?
In more complicated matters, immigrants widows can seek humanitarian reinstatement or humanitarian revalidation. These are more complicated actions, and usually require the assistance of an immigration attorney versed in immigrant relatives survivor law.
Unfortunately, in circumstances where the easiest path, getting the i-130 petition for alien relative approved while your spouse is alive, is no longer available, you must proceed forward to the adjustment of status stage under these more difficult steps.
Even though you be grieving, remember the two-year limit to win permanent residence through marriage after your husband's or wife's passing away.
Difficult, yet. But not impossible. You can do this.
To Your Immigration Success!
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Here are some important tips if you have to seek a green card through remarriage: ruclips.net/video/pvqhuOnD4Rs/видео.html
Thanks you calos
And thank you.
It's good for the immigrant to know so that they can grieve without Green Card fear hanging over their head but also know there is a clock ticking and remarrying invalidates this.
Thanks for the comment.
what are the estimated processing times for humanitarian reinstatement and 204L with the pandemic slowing everything down?
I am unable to answer that question at this time.
My wife passed away 7 months a go and i we were waiting to any update on pending i 130 over 3 years , last month i got noid and i responded on it by submitting death certificate and extra evidence i have but last week I received denial letter for i 130 even after submitting request for i 360 form of widower . But they mentioned that i have to appeal to bia within 30 days , my wife was sick she was having brain cancer and they been a knowledge about her health condition 3 years ago in the interview and later on too but they just denied the i 130 based on some factors of proofing bone fide marriage, we submitting a lot of evidence but they said negative factor more than positive factors, what is my next step if i did all what i have and they need answers form my wife but she is dead and i did my level best to submit all evidence i have till date , will they denied i 360 too ? And can I escalate to the court if so please help me out . Thank you
Based on what you wrote, I recommend that you do set up an appointment with an attorney to go over your case in depth.
Wht happens if petitioner is Permanent Resident (not a citizen) and beneficiary outside usa ?
It depends on the relationship between the two persons and the facts of your situation. To get a better view, I suggest you reach out to a local lawyer to assess the requirements and make sure you take all the necessary steps.
Hi! Sir, my question is what can be done if the Sponsor is the mother and she passed away 4 years ago?
More facts would be need to be known to adequately address your concerns.
My husband passed away march 2021,and its been more than 2yrs..but b4 that i was been petation by my husband and i was approveb ready to go last 2012.but my husband got sick and he was very irritable and he want me to stay so,i didnt not go..so what happen to my papers do i need to file again..i didnt know too.that only 2yrs they given time to process my papers.pls help me with this matters..thanks
I cannot respond without knowing more details. I suggest you contact a local attorney and go over your situation in greater detail.
hello!
its been more than 2 years since he passed away..😔 no more chance?
It depends. You should reach out to a local attorney to discuss the details of your situation,
How would you help a spouse abroad with her spouse who died with her abroad.
I would have to know a lot more to respond. Why not contact a lawyer near you to discuss this issue?
Hi
Hi.
I got deported for an aggravated felony I lived in the U.S with a green card for 30 yrs married to a U.S citizen I have a 12 year old son born citizen who has severe Autism you think I have a chance to ever go back ?
This is not a subject that should be discussed on social media. I recommend you reach out to a local attorney and talk about your concerns in private.
@@BataraImmigrationLaw thank you very much 🙏🏼
My dad was a green card holder when he died do I qualify
It depends on the case facts.