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Petitioner of K1 visa gravely ill

Discussion in 'K Visa and Related Issues at the Consulates' started by I485_help, Jul 13, 2017.

  1. I485_help

    I485_help Registered Users (C)

    Hello,

    I'm writing on behalf of my coworker who is battling cancer. She is a US citizen who recently got married. Her spouse is in US on K1 visa awaiting Permanent residency and EAD card. Is there any chance for expediting the spouse's application?
     
  2. newacct

    newacct Well-Known Member

    There is no need. A widow(er) of a US citizen can self-petition (with I-360) for permanent residency within 2 years of the US citizen's death, as long as they have not remarried. If the US citizen dies while the I-130 is pending or approved, it will automatically be converted to an I-360 without needing to file one separately.
     
  3. I485_help

    I485_help Registered Users (C)

    Thank you for your response. Spouse's I-485 & I-765 are pending adjudication since May 2017 and she just received an interview date for next month.

    We are hoping that the IO won't deny the PR and EAD looking at petitioner's ill health thinking that the spouse will be a burden to US government.
     

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