Death of a Petitioner

[mercator]

This is an elaboration on the topic ASKING GUZ which asks that I get to the point.

 

Anyway, this is my wife's best friend who is enduring this nightmare. She was telling us for the past couple of months that she hadn't been hearing regularly from her husband, who usually writes or calls her a few times a week. Two months, she heard nothing, and then got a call from Immigration (I assume it was DOS or GUZ), saying her husband was dead. He had died two months ago! Her in-laws didnt tell her. His mother is quite old (90's), and perhaps she didnt really know how to go about calling his wife. His sister, they think, was after the estate, so she ignored all the calls and emails so she could cash in. He didnt have much, just a house and his car, but still to leave his wife out of the loop for two months!

 

She was a CR-1/K-3 and was past P3 on the 129F and he had filled out the 8xx forms for the support documents on the 130. They were rolling along though they had spent 16 months so far, thanks to a shyster of a lawyer.

 

I asked GUZ what her options were. I frankly don't expect she'll be able to immigrate, but it would be nice if she could settle whatever is left of the estate and maybe see his grave marker.

 

She heard about it from Immigration! Her own in-laws didnt tell her. I am appalled. He didn't leave a will, so my fear is that enough time has elapsed that the estate is carved out and she gets nothing. She doesn't really care so much about the money, though she is poor and he was supporting her so she could study, so she doesn't work. She would like photos, and other mementos, but has no idea what her options are as a widow.

 

Anyone know? This woman is a wreck. He was only like 55. She is in her mid 30's. I talked to him what apparently was less than a month before his death. He lived in Atlanta, having been a CNN cameraman before retiring.

 

I want to do whatever I can for her because she is my wife's best friend as well as someone going through pure hell right now.

 

Thanks,

 

Merc

[frank1538]

Take a look at: http://foia.state.gov/masterdocs/09fam/094...petitioner'

 

9 FAM 42.42 N2.2-3 Upon Death of Petitioner (CT:VISA-677; 01-25-2005)

 

"The death of a petitioner in a family-based petition case prior to the beneficiary¡¯s admission to the United States results in the automatic revocation of the petition and loss of the beneficiary¡¯s priority date obtained on the basis of that petition. However, if the consular officer believes that special humanitarian reasons exist which would warrant consideration by DHS of reinstatement of the petition, the consular officer shall prepare a memorandum requesting such consideration and forward it with the petition to the DHS office having regional jurisdiction." (See 9 FAM 42.42 N5.1 and 9 FAM 42.42 PN2.)

 

This suggests to me that she might be able to enter the US if the consulate is willing to help; otherwise, she may have to deal with this long distance.

 

Another option is to consider humanitarian parole which might allow her to come to the US temporarily: http://uscis.gov/graphics/services/humanparole/

 

Her status as a spouse should give her certain rights in the estate, company pensions, 401(k), etc, but I fear that it will be a difficult task for her. A good probate lawyer located in the state where her husband died might be able to help. If she wants to locate a good one in Atlanta, send me a PM and I'll make some inquiries.

[hunter]

Mercator--

 

If he died without a will, all property goes automatically to the surviving spouse.  The exceptions are if he had accounts in JTWROS (those go directly to the other account holder) or life insurance (that money goes to the named beneficiary). Did he not have a house?

 

If there was a will, the property goes according to the terms of the will.  However, if he died in a community property state (e.g., Washington), he can only dispose of his separate property and his share of community property. All other community property goes to the surviving spouse regardless of what the will said.

 

It is likely that the man's sister has or will file a probate proceeding.  It is important that the lao po search the court records of the state where he died (you didn't say where he lived and died). It is also important that she hire a lawyer in that city or county.

 

I hope this is helpful. If he died in Washington state, I can help search the court records.

 

David

197630[/snapback]

The guy lived in Atlanta Georgia?

[warpedbored]

One of CFL's prouder moments was a year and a half or so ago when a woman named Jimei's husband died shortly after they filed AOS. We took up a collection and raised 600 bucks for her to help her out. She was K-1 but was able to adjust status eventually. She has her green card now and is doing ok in the Chicago area. You mentioned the woman is poor so she probably wouldn't be able to raise airfare to see her husband's grave and settle his estate. It sounds unlikely the sister would help. I suggest we put on our do gooder cape again and see if we can't at least raise enough to get her a round trip plane ticket. Even if she she can't get a visa to at least visit the money would help her get back on our feet.

Edited March 11, 2006 by warpedbored (see edit history)

[skibum]

It sounds to me like she needs to get an estate atty here quick. Can you help her locate one. I do not believe that she can afford to wait and see if she can come here. Time is important. I believe that the costs can be deducted from the estate.

Edited March 11, 2006 by skibum (see edit history)

[ameriken]

I am not sure what advice I can give for this situation, but I think we all need to learn a lesson from this: we need to make our wives the beneficiaries of our life insurance, and wills.

 

Nothing makes the loss of a spouse worse than having the grief magnified by no-money left behind and/or greedy family members trying to take away what should go to her.

[mercator]

He died in his home in Atlanta. From what I got third hand (immigration telling his widow, she told my wife and then told me), he was gone a while before anyone checked on him. A sad way to go, especially with so much to look forward to.

 

The man's name was Paul, and I am searching through my office for his phone number. I called him just the one time, shortly before he died, just to say hello, since we were tied together in that our wives are best friends. His wife's American name is Lily.

 

I am calling Lily tonight and then I will report in. Frank has already offered to help since he lives in Atlanta as well, and I think this is a godsend to Lily.

 

I cannot imagine the helplessness she must be feeling. She is unlikely to be able to afford the ticket over, but if I can get her in touch with a good attorney, especially one willing to work for a percentage of the estate, I think we can rectify this. I would guess that if the sister did anything shady, like deny the existence of his wife, that any disbursements to said sister would have to be returned and possibly charges filed.

 

Anyone else in Atlanta that can help, I will let Lily know. I will also suggest she consider coming on to CFL so we can help her more directly, even if it means going to an internet cafe a time or two a week, which I will pay for if need be.

 

As I said, she doesn't work, as he asked her not to so he could support her and she could study English. My wife tells me her English is a notch above where my wife's is, so I would say on a 10 scale it is a 4 or 5. She does have a good friend who is a translator, so we may be able to work through her as well.

 

I didn't post looking for her to get any money from CFL. Just help. The fact that you guys are so quick to offer support like that is one reason I like this site so much. When we know more, maybe that is the route to go. We'll know more when we can get her in touch with a good attorney in the Atlanta area.

 

Thanks to you all,

 

Merc

[ameriken]

Good advice, Ken.  And, while you are at it, you might want to think about a living will.  Remember the Terry Schiavo matter?  Our SOs should never  be in a conflict with our parents (or others) over whether to pull the plug.  We should determine who makes that decision.

197756[/snapback]

Good point, I forgot all about the living will, also very necessary, thanks for the reminder ! Dont ever want to be caught in a situation like that

[mercator]

Ok here is the update. I PM'd Frank and I am telling him the basic information about Paul. I have Lily's contact information and I hope we can find her an attorney that can assist.

 

I spoke to Lily via a friend of hers who is an interpreter. She is having a very difficult time. Hopefully we can keep you all updated with good news. I am emailing her information on how to get to this site so we can assist her.

 

Yours,

 

Merc

[Michael and Manyun]

Ok here is the update.  I PM'd Frank and I am telling him the basic information about Paul.  I have Lily's contact information and I hope we can find her an attorney that can assist.

 

I spoke to Lily via a friend of hers who is an interpreter.  She is having a very difficult time.  Hopefully we can keep you all updated with good news.  I am emailing her information on how to get to this site so we can assist her.

 

Yours,

 

Merc

197871[/snapback]

I am sure that whatever is necessary, we can accomplish. I have never seen a more cohesive group in my life...

[Guest knloregon]

Merc,

 

I think you (and Frank) are on the right course.. Lily probably doesn't need to travel to the US at this time, but she does need to be able to communicate clearly to any attorney representing her interests in Atlanta.

 

I would also suggest that she forward to the attorney a copy of the communication from the US State Dept. informing her of her husband's death----that will be a powerful document in a court of law, and would probably effectively supersede any end run on the part of other family members..

[Yuanyang]

This is at least the 2nd or 3rd story that I've heard of on CFL regarding a petitioner's death. It underscores for all of us to write up a legal Will, have a relationship established with your wife and USA family members along with means of contacting them (phone numbers, email/snail mail addresses) and let all of your family know your wishes and and the general contents of your Will.

 

Of course the property proceeds are dictated by State law. I do not think that the Feds have any say in any of the proceeds aside from Social Security benefits that the non-resident spouse may be entitled. (I ain't no lawyer.)

Edited March 12, 2006 by Yuanyang (see edit history)

[HanLi]

Merc,

 

our heartfelt sympathies to Lily

 

keep us posted

 

best wishes to her

[mercator]

Another update -

 

Frank gets an honorary PI badge. He discovered Paul's obit, address, and attorney information. Great work Paul! The obit had Lily mentioned as his wife, which Frank tells me is good news for the probate portion.

 

My wife tells me that Lily is very frugal (even by Chinese woman standards) and so the money that Paul was sending her she was able to keep alot of it. Frank says there may be a probate attorney who can work on contingency and save her the 1000-1600RMB an hour in fees. So she may not need any financial help, just some moral support and all that is Frank is doing. Wahoos and Kudos to him for helping a total stranger.

 

Lily emailed me this morning and she is pretty frustrated and distraught. She wants to come and see his grave and in-laws, but USCONGUZ told her this will be difficult and she will need a death certificate. Frank is going to speak to her attorney on this issue as well.

 

I emailed her with all this information and I am hoping it will brighten her day a little. Here is most of her distraught email:

 

"I'm sorry! my husband died! on Thursday,Feb.2,in

Atlanta,Ga.

A funeral service will be held at 11am,Thursday,Feb.9,atst. I not can

come to USA! i'm very grieved ! I'm at every days cry! I don't

understand doing! no people help me! I have call Paul's mother and sitser help

me,but she not can,I do not undertsand! them only give me send email

,siad:Paul already died! call me do not cry! him is cardiac died! At

Feb.7 11'30pm(my nighter) find me talk! said:then help me take visa come to

USA! because already died! them will send to me,Paul's died

certificate,I need give embassy Gaung Zou! them will give me Visa! I can come! but

waiting long times! have 2 months! or Paul's mother and sitser not want

to me ,come to USA! I ask Paul's mother take died certificate,but

mother said:no! I do not understand ! why? at receive Paul died message!

I already 3 days not can sleep! Beacause us at toegther,not easy! We on

line talk have 1 years! can married! We are already secondary married!

We difference 20 old years! but feling very good! I not undertsand

english! is him teach me! Him talking to me: him on line find 3

years,can and me married! him is very hard! so Paul very love me! me too!

every days lunch times,him will call me talking 1 hours!"

 

The rest related to our brief phone conversation I had with her interpreter friend but the line was rough and she was apologizing.

 

My wife has been telling me to go to the doctor if I even have a sniffle now. She sees how helpless her friend is in this situation and it niggles in the back of her mind as well. I can't agree enough what the others are saying about getting a will, and maybe even a contingency plan. My mom has my wife's contact information for when I go to China, and also if anything happens to me. She is also my executor for now and has instructions on how to handle what there is of my estate and life insurance so my daughters and wife are taken care of in the event of my death. I think it is the only responsible thing to do. I haven't done a living will, but I think that is next.

 

Merc

[frank1538]

I need give [death certificate] embassy Gaung Zou! them will give me Visa! I can come!

197994[/snapback]

It sure would be nice if we could get some confirmation that the consulate would issue a (tourist?) visa on an expedited basis. Georgia death certificates are available to the public, so getting one to her shouldn't be a problem. Getting Guangzhou to act quickly may be.

 

Anyone have any thoughts on this? In the meantime, I'll start making some inquiries tomorrow about the estate.