Processing applications of Widows and Widowers of Deceased U.S. Citizens

Thứ Tư, 18 Tháng Năm 201100:00(Xem: 60543)
Processing applications of Widows and Widowers of Deceased U.S. Citizens
In October 2009, the President signed the FY2010 DHS Appropriations Act into law, allowing eligible widows or widowers of U.S. citizens to qualify for permanent resident status regardless of how long the couple was married. Repeat, regardless of how long the couple was married.

The new law removes the two-year marriage requirement that was necessary for a widow to qualify for permanent resident status as an immediate relative of her late U.S. citizen spouse. Also, when a widow qualifies as an immediate relative under the new law, her unmarried minor children will also qualify for the same status. The law applies to widows living abroad, who are seeking immigrant visas, and to widows in the United States, who want to become permanent residents based on their marriage. The only “Two Year” requirement in the new law is that the widow must file the Green Card application with 2 years of the death of the citizen spouse.
 
The widow must show that she was the citizen’s legal spouse, that the marriage was genuine, not just for immigration purposes, and that she has not remarried.
 
As of October 28, 2009, any pending Form I-130 that was filed on a widow’s behalf before the citizen spouse’s death will automatically convert to a widow’s Form I-360 Petition. In addition, any Form I-130 that has been pending with CIS because of the petitioner’s death will be reconsidered according to the new law. USCIS will notify the widow in writing that her Form I-130 has been reopened and processed as a Form I-360 Widow petition.
 
If the Form I-130 was approved before U.S. citizen petitioner’s death, it will automatically convert to an approved I-360. Unmarried minor children of the widow will also be eligible to apply for an immigrant visa or adjustment of status based on the approved Form I-360.
 
The same applies to a widow’s I-485 application for Permanent Residence: If the Green Card application was not yet approved by CIS because of the Petitioner’s death, USCIS will notify applicants in writing that their Form I-485 case has been reopened.
 
If the widow entered the United States as a K-1 nonimmigrant and filed an I-485 after marrying the deceased U.S. citizen, she will be considered the beneficiary of an I-360 Widow petition.
 
If a widow with an approved Form I-130 and a pending Form I-485 left the United States voluntarily after her petitioning U.S. citizen spouse died, and in that way “abandoned” his or her adjustment application, the approved Form I-130 is automatically converted to an approved Form I-360, so that the widow may apply for an immigrant visa abroad.
 
Widows of citizens who died before October 28, 2009, without filing an I-130, will have until October 28, 2011, to file a Form I-360, Petition for Widow, for themselves and their unmarried minor children. A widow whose citizen spouse died on or after October 28, 2009, will have two years from the date of the citizen spouse’s death to file their Form I-360.
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
Q.1. Where do I file the Form I-360?
A.1. With the CIS Vermont Service Center
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
Q.2. As a widow(er) of a U.S. citizen, am I required to submit a Form I-864, Affidavit of Support?
A.2. No. A widow of a citizen and her accompanying children are not required to submit Form I-864, Affidavit of Support.
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
Q.3 If I become a permanent resident based on my marriage to my deceased spouse, will I have to submit Form I-751, Petition to Remove Conditions on Residence?
 
A.3. No. The widow’s Green Card will be permanent, not just for 2 years.
 
ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru

14550 Magnolia St. #104 Westminster CA 92683 (714) 890-9933 
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888 
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388 
42 Dang Thi Nhu, P. Nguyen Thai Binh, Q1, HCM (848) 3914-7638
Thứ Tư, 23 Tháng Chín 2015(Xem: 16334)
At one time, a child who turned twenty-one years of age was no longer eligible to receive a green card as part of a parent's case. The CSPA was intended to help provide relief for this unfair outcome.
Thứ Tư, 16 Tháng Chín 2015(Xem: 15079)
From refugees to full American citizens, the Vietnamese American communities have grown to a total of almost 1.5 million members.
Thứ Ba, 08 Tháng Chín 2015(Xem: 16723)
Currently, there are 1.05 million F-1 academic & M-1 vocational students studying in the United States. In addition, there are 245,000 J-1 exchange visitors in the United States.
Thứ Tư, 02 Tháng Chín 2015(Xem: 15603)
You can change or extend your non-immigrant status while in the US if you have not violated the terms of your visa and if you are still in good status when you submit the application to change or extend.
Thứ Ba, 18 Tháng Tám 2015(Xem: 16673)
At this time, CIS is asking the public for comments on a proposed rule that would expand eligibility for provisional waivers of inadmissibility based on unlawful presence in the US.
Thứ Năm, 13 Tháng Tám 2015(Xem: 17332)
Investing in real estate projects in exchange for legal immigration status has become big business in New York City.
Thứ Hai, 10 Tháng Tám 2015(Xem: 16427)
At the Consulate in Saigon, it has been business as usual, with no unusual developments. In the cases of an American citizen’s parents, spouse or minor children, there is no limit of visas and no long waiting time.
Thứ Bảy, 01 Tháng Tám 2015(Xem: 14065)
California lawmakers are considering a measure to allow work permits for farm workers living in the country illegally.
Thứ Sáu, 24 Tháng Bảy 2015(Xem: 16125)
President Barack Obama appears likely to lose – again – in the lengthy legal fight over his executive actions on immigration.
Thứ Tư, 15 Tháng Bảy 2015(Xem: 13339)
The US federal government continues to deport illegal immigrants, but California has moved in the opposite direction, encouraging integration rather than deportation.