If I were to die - could my wife still come to US?

[m-coon]

Hi All,

I don't know if this question has ever been asked... but it was on my mind to ask: Does anybody know at what point in the entire visa process can my wife "still come or still stay" in the USA if something were to happen to me and I were to die? Does she have to already be in the USA to be able to stay or is there a point in the process that she can still come to the USA even if I were no longer alive? She stands to inherit a great deal of money that would provide for her but I was curious about whether she could still come here to enjoy life in America? I hope somebody out there knows this answer - maybe some of you have first hand knowledge of this happening to somebody. Thanks all.

Scott (m-coon)

[LeeFisher3]

It appears they have a clause written for this situation and I am sure there are many paths avaiable depending upon your specific situation and if this is a serious concern you might wish to retain an attorney to see that your wishes would be carried out.

 

But as a wife (legally married) to a USC I found this:

 

Title 8 Sec. 204.2 Petitions for relatives, widows and widowers, and abused spouses and children. (Amended 3/26/96; 61 FR 13061)

 

B) Petition by widow or widower of a United States citizen.

 

(1) Eligibility. A widow or widower of a United States citizen may file a petition and be classified as an immediate relative under section 201(B) of the Act if:

 

(i) He or she had been married for at least two years to a United States citizen

 

(Note: The United States citizen is not required to have had the status of United States citizen for the entire two year period, but must have been a United States citizen at the time of death);

 

(ii) The petition is filed within two years of the death of the citizen spouse or before November 29, 1992, if the citizen spouse died before November 29, 1990;

 

(iii) The alien petitioner and the citizen spouse were not legally separated at the time of the citizen's death; and

 

(iv) The alien spouse has not remarried.

[Mengxin]

She stands to inherit a great deal of money that would provide for her but I was curious about whether she could still come here to enjoy life in America?

http://us.i1.yimg.com/us.yimg.com/i/mesg/emoticons6/36.gifhttp://us.i1.yimg.com/us.yimg.com/i/mesg/emoticons6/69.gifhttp://us.i1.yimg.com/us.yimg.com/i/mesg/emoticons6/55.gifhttp://us.i1.yimg.com/us.yimg.com/i/mesg/emoticons6/51.gifhttp://us.i1.yimg.com/us.yimg.com/i/mesg/emoticons6/59.gif

 

No!!! Petitioner Dies, so does the app. (Wrong again.. Yes she can!!! )

I read somehwere if the petioner died, the process would need to start all over for the benificiary. I'll find it...

 

http://uscis.gov/graphics/lawsregs/handboo...L107_150Pub.pdf

 

Policy Change - Public Law 107-150, The Family Sponsor Immigration Act of 2002: Use of Substitute Sponsor if Visa Petitioner Has Died

06/15/02 Johnny N. Williams HQOPS

 

http://uscis.gov/graphics/exec/leaving.asp...d=f:publ150.107

 

Attachment: Public Law 107-150

 

To amend the Immigration and Nationality Act to provide for the

acceptance of an affidavit of support from another eligible sponsor if

the original sponsor has died and the Attorney General has determined

for humanitarian reasons that the original sponsor's classification

petition should not be revoked. <<NOTE: Mar. 13, 2002 - [H.R. 1892]>>

 

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress <<NOTE: Family Sponsor Immigration

Act of 2002.>> assembled,

 

SECTION 1. <<NOTE: 8 USC 1101 note.>> SHORT TITLE.

 

This Act may be cited as the ``Family Sponsor Immigration Act of

2002''.

 

SEC. 2. SUBSTITUTION OF ALTERNATIVE SPONSOR IF ORIGINAL SPONSOR HAS

DIED.

 

(a) Permitting Substitution of Alternative Close Family Sponsor in

Case of Death of Petitioner.--

(1) Recognition of alternative sponsor.--Section 213A(f)(5)

of the Immigration and Nationality Act (8 U.S.C. 1183a(f)(5)) is

amended to read as follows:

``(5) Non-petitioning cases.--Such term also includes an

individual who does not meet the requirement of paragraph (1)(D)

but who--

``(A) accepts joint and several liability with a

petitioning sponsor under paragraph (2) or relative of

an employment-based immigrant under paragraph (4) and

who demonstrates (as provided under paragraph (6)) the

means to maintain an annual income equal to at least 125

percent of the Federal poverty line; or

``( is a spouse, parent, mother-in-law, father-in-

law, sibling, child (if at least 18 years of age), son,

daughter, son-in-law, daughter-in-law, sister-in-law,

brother-in-law, grandparent, or grandchild of a

sponsored alien or a legal guardian of a sponsored

alien, meets the requirements of paragraph (1) (other

than subparagraph (D)), and executes an affidavit of

support with respect to such alien in a case in which--

``(i) the individual petitioning under section

204 for the classification of such alien died

after the approval of such petition; and

``(ii) the Attorney General has determined for

humanitarian reasons that revocation of such

petition under section 205 would be

inappropriate.''.

(2) Conforming amendment permitting substitution.--Section

212(a)(4)©(ii) of such Act (8 U.S.C. 1182(a)(4)©(ii)) is

amended by striking ``(including any additional sponsor

 

[[Page 116 STAT. 75]]

 

required under section 213A(f))'' and inserting ``(and any

additional sponsor required under section 213A(f) or any

alternative sponsor permitted under paragraph (5)( of such

section)''.

(3) Additional conforming amendments.--Section 213A(f) of

such Act (8 U.S.C. 1183a(f)) is amended, in each of paragraphs

(2) and (4)((ii), by striking ``(5).'' and inserting

``(5)(A).''.

 

( Effective <<NOTE: Applicability. 8 USC 1182 note.>> Date.--The

amendments made by subsection (a) shall apply with respect to deaths

occurring before, on, or after the date of the enactment of this Act,

except that, in the case of a death occurring before such date, such

amendments shall apply only if--

(1) the sponsored alien--

(A) requests the Attorney General to reinstate the

classification petition that was filed with respect to

the alien by the deceased and approved under section 204

of the Immigration and Nationality Act (8 U.S.C. 1154)

before such death; and

( demonstrates that he or she is able to satisfy

the requirement of section 212(a)(4)©(ii) of such Act

(8 U.S.C. 1182(a)(4)©(ii)) by reason of such

amendments; and

(2) the Attorney General reinstates such petition after

making the determination described in section 213A(f)(5)((ii)

of such Act (as amended by subsection (a)(1) of this Act).

 

Approved March 13, 2002.

 

LEGISLATIVE HISTORY--H.R. 1892:

---------------------------------------------------------------------------

 

HOUSE REPORTS: No. 107-127 (Comm. on the Judiciary).

CONGRESSIONAL RECORD:

Vol. 147 (2001):

July 23, considered and passed

House.

Dec. 20, considered and passed

Senate, amended.

Vol. 148 (2002):

Feb. 26, House concurred in Senate

amendment.

 

<all>

[LeeFisher3]

Now Mengxin presents an interesting option, you could adopt me and I'll duke it out with GZ on your behalf.

 

No you say , well it was worth a try.

[Trigg]

- maybe some of you have first hand knowledge of this happening

Well Scott, i realy don't want first hand knowledge and doubt that anyone with first hand knowledge could answer. It's a great question and I think the key is the two year thing. My wife recently gothas her two year green card green card and I'm not sure she could stay in the US if somethinghappened to me before she gets her ten year!

 

I hope one of you braniacs out there can answer-

[m-coon]

Thank you everybody. Trigg brought up something that is not really related to this question - So I just posted another question to follow that line of information. I hope that you will go to that question and follow along with the new topic. It is titled "2 year visa - 10 year visa".

Thanks All,

Scott (m-coon)

[david_dawei]

Thank you everybody. Trigg brought up something that is not really related to this question - So I just posted another question to follow that line of information. I hope that you will go to that question and follow along with the new topic. It is titled "2 year visa - 10 year visa".

Thanks All,

Scott (m-coon)

and you have to go to the LL to see why Trigg's typos are not really wrong spelling and grammar.. but a higher level of alphatized communication...

 

 

My wife recently gothas her two year green card green card and I'm not sure she could stay in the US if somethinghappened to me before she gets her ten year!

 

I hope one of you braniacs out there can answer-

[Trigg]

and you have to go to the LL to see why Trigg's typos are not really wrong spelling and grammar.. but a higher level of alphatized communication...

 

 

My wife recently gothas her two year green card green card and I'm not sure she could stay in the US if somethinghappened to me before she gets her ten year!

 

I hope one of you braniacs out there can answer-

David, i rechecked my post using the soon to be released triggctionary and found that all words are correct and used in an appropriate mannor!!

[david_dawei]

and you have to go to the LL to see why Trigg's typos are not really wrong spelling and grammar.. but a higher level of alphatized communication...

 

 

My wife recently gothas her two year green card green card and I'm not sure she could stay in the US if somethinghappened to me before she gets her ten year!

 

I hope one of you braniacs out there can answer-

David, i rechecked my post using the soon to be released triggctionary and found that all words are correct and used in an appropriate mannor!!

And I think that Don is considering a built-in Trigganslator for the new CFL site...

[Trigg]

and you have to go to the LL to see why Trigg's typos are not really wrong spelling and grammar.. but a higher level of alphatized communication...

 

 

My wife recently gothas her two year green card green card and I'm not sure she could stay in the US if somethinghappened to me before she gets her ten year!

 

I hope one of you braniacs out there can answer-

David, i rechecked my post using the soon to be released triggctionary and found that all words are correct and used in an appropriate mannor!!

And I think that Don is considering a built-in Trigganslator for the new CFL site...

Well I certainly hope so. If Triggenese is to be the official language of the Candle then the least we can do is provide translation until all the newbies learn how to properly disseminate important information using the written version (takes the brighter ones about three days-duller ones learn it in two).

[LeeFisher3]

- maybe some of you have first hand knowledge of this happening

Well Scott, i realy don't want first hand knowledge and doubt that anyone with first hand knowledge could answer. It's a great question and I think the key is the two year thing. My wife recently gothas her two year green card green card and I'm not sure she could stay in the US if somethinghappened to me before she gets her ten year!

 

I hope one of you braniacs out there can answer-

Not exactly sure how it would play out, but if a wife who has not been to the US can personally apply I would imagine after arrival would be covered. They even have an AOS option to remove conditional status if separated or divorced, but then the claim of abused spouse is needed for that one.

[tywy_99]

In reading the initial post, form I-360 kept coming to mind.

That's all I know or can say about this question.

[king]

Real experience with a client spouse in China whose husband died. It worked for her to self petition as all the statutory conditions were met. The "law" apparently means what it says.

[skibum]

Why would she want to come here if you are dead? You should be the reason she is coming in the first place.

[Mengxin]

- maybe some of you have first hand knowledge of this happening

My wife recently gothas her two year green card green card and I'm not sure she could stay in the US if somethinghappened to me before she gets her ten year!

 

I hope one of you braniacs out there can answer-

Trigg, I saw this on visapro. Basically it says that as long as she isn't the one who killed you, she's ok to stay, just needs to submit more paperwork. http://us.i1.yimg.com/us.yimg.com/i/mesg/emoticons6/26.gifhttp://us.i1.yimg.com/us.yimg.com/i/mesg/emoticons6/26.gifhttp://us.i1.yimg.com/us.yimg.com/i/mesg/emoticons6/26.gif

 

What are the documents required if I apply for Removal of Conditions as a widow or widower?

 

The documents required are:

Form I-751, Petition to Remove the Conditions on Residence

Copy of Form I-551, Permanent Resident Card

Evidence that you did not get married to evade the immigration laws of the U.S. Examples of such evidence includes, but is not limited to:

Leases showing that you and your spouse lived in the same place

Documents that prove that you and your spouse owned property together

Birth certificates of your children

Copy of your spouse's death certificate