Adjusting status after death of spouse

[warpedbored]

Some of you may remember several months ago when I posted that a CFL member died. I don't think he ever posted but he was a regular reader. His wife and her 12 year old daugher were here on a K-1/K-2 visa and they had just started getting ready or may already have filed for AOS when he unexpectedly died of a heart attack while out of town on a business trip. His widow is struggling now on her own. She gets a little help from the church she goes to but she is about to lose her home and has had to resort to working under the table for less than minimum wage because she doesn't have a green card yet. It seems he had the house hocked to the gills and had no life insurance. She wants to file AOS but isn't sure what forms to file. I presume she needs to file the I-485 but what else? What provisions are there for cases where the petitioner dies before status is adjusted? He was somewhat abusive so I suppose she could go that route but it would be difficult to prove. She could definitely use some of the "Jany treatment" but maybe we ran out of dogooder gas. She lives in the Chicago area so anyone there that would like to help can PM me and I will put you in touch with her.

[ptcrusier333rph]

i can scrape about 15 dollars at the moment

 

school

bills

and

wedding got most of it

 

robert

 

 

send me email on where to send

[John & Hai Yan]

Carl,

 

For those of us who are able to send a donation, where and who can we send it to?

[warpedbored]

At the moment I am not quite sure. I did find out that she has a lawyer through her church helping with the immigration pro bono but he isn't an immigration lawyer. I suppose you could send it to me made out to her and I could send it like Bruce did. Like the Jany case I'm good for 50 myself.

[warpedbored]

I just wanted to bring this back to the top. Jimei could really use some help.

[DaveR]

Carl,

 

I still have a few dollars left over my tax refund, so you can count on me for 50. Just PM me where to sent my check and I will have it in the mail. I know it may not be much, but with everyone giving a little it can grow.

 

Dave

[Trigg]

I'm in Carl.

[philb]

Carl:

 

I'm in...just let me know how and where

 

Phil

[rogerluli]

I'll help

[warpedbored]

She is having to move out of her house to rent a room with some other roomates so the best thing would probably be to send it to me made out to Jimei King and I'll forward it to her.

PM me for mailing info

[tmkeith]

Please forgive my ignorance if this post seems to be out of line, but to me, this appears to be a situation where some public/political attention could do a world of help. She came here legitimately, with a child, and suffered a tragedy. Why not try to get this into the view of a local representative or high-profile immigration attorney?

 

Just another point of view. She and the child deserve to be here and not be allowed to just fall through the cracks.

 

I welcome criticism. Like most of us, I know little about how this process really works, but those who play by the rules should be allowed to be heard just as much as those who sneak over here and have advocates stumping for them on the six-o-clock news.

 

That seems like a drastic, last-resort type suggestion, but if she wants to stay here, as she rightfully should be allowed to, I'm sure every option should be explored.

 

Trevor & Wendy

filed K1 3/2/04, interviewed by the "black pearl" on 3/25/05 and got the white slip.

[John & Hai Yan]

Carl, Check is in the mail! Tell Jimei, Hai Yan and I extend our best wishes.

 

 

 

 

OT - Carl, this is the first time I saw your last name. It is a little unusual. I had a friend in Nam in my squad. His name was Steve Etherton. He died in an ambush on friday, June 13th, 1969. The night before he died he told me he didn't want to be there. He was from Black Hawk, Colorodo. You have any relatives out that way?

[ptcrusier333rph]

thanks carl i get check sent off monday

 

Robert

[philb]

Carl:

 

Check is on it's way.

 

Phil

[warpedbored]

Carl, Check is in the mail! Tell Jimei, Hai Yan and I extend our best wishes.

 

 

 

 

OT - Carl, this is the first time I saw your last name. It is a little unusual. I had a friend in Nam in my squad. His name was Steve Etherton. He died in an ambush on friday, June 13th, 1969. The night before he died he told me he didn't want to be there. He was from Black Hawk, Colorodo. You have any relatives out that way?

 

 

Please forgive my ignorance if this post seems to be out of line, but to me, this appears to be a situation where some public/political attention could do a world of help. She came here legitimately, with a child, and suffered a tragedy. Why not try to get this into the view of a local representative or high-profile immigration attorney?

 

Just another point of view. She and the child deserve to be here and not be allowed to just fall through the cracks.

 

I welcome criticism. Like most of us, I know little about how this process really works, but those who play by the rules should be allowed to be heard just as much as those who sneak over here and have advocates stumping for them on the six-o-clock news.

 

That seems like a drastic, last-resort type suggestion, but if she wants to stay here, as she rightfully should be allowed to, I'm sure every option should be explored.

 

Trevor & Wendy

filed K1 3/2/04, interviewed by the "black pearl" on 3/25/05 and got the white slip.

I do have some cousins out that way and it is a little unusual so we probably are related even if distantly. My cousin traced the genology and it is a derviative of Atherton. It seems the clan had a tiff way back when and split.

 

 

I don't think she is eligible for public assistance because of the affidavit of support her husband had to do to bring her here. The whole point of it is that they don't become a burdon on the state. Technically without her husband alive to support her she is out of status. Her daughter receives a little Social Security but Jimei isn't eligible because they weren't maried long enough. She gets a little help from her church but in order make ends meet she had to get a job under the table for less than minimum wage since she doesn't have a green card or EAD. Also even though she did get a pro bono lawyer the filing fees for her and her daughter are pretty steep. I 485 alone would be nearly 700 dollars.