I-485 Pending USC husband died, help!

L

Luzzi

New Member
My US Citizen husband died 3 months (May 2005) after filing for the I-485 in Feb 2005. I have An Employment Authorization Card and a Social Security Card, both of which expire in March of 2006.
We have not had the interview yet, now that I am a widow can I still get approved?
Any information will be appreciated.
Thanks,
Luzzi
 
what my understanding is if the petitioner dies after 6 months of filing then u r ok but before 6 months i dont know consult an attorney goodluck.
 
Luzzi said:
My US Citizen husband died 3 months (May 2005) after filing for the I-485 in Feb 2005. I have An Employment Authorization Card and a Social Security Card, both of which expire in March of 2006.
We have not had the interview yet, now that I am a widow can I still get approved?
Any information will be appreciated.
Thanks,
Luzzi
Click to expand...
It depends on how long you were married for and your proof that the marriage was in good faith. You may want to consult an attorney though. I do not agree with sjiwani's quote because it just does not make sense. Death is not forseeable so USCIS cannot create such a law or atleast I have not heard about it.
 
look for the self-petitioning widow of a US citizen application on www.uscis.gov
Widow/Widower of a U.S. Citizen. You may file this petition
for yourself if:

you were not legally separated from your citizen spouse at
the time of death; and
your citizen spouse's death was less than two years ago; and
you were married for at least two years to a U.S. citizen
who is now deceased and who was a U.S. citizen at the
time of death;


form I-360
 
Thank you all for your help. Unfortunately we were not married 2 years. We were married in Dec 2004. The I-485 was filed in Feb 2005 and he died in May 2005. I have made an appointment to see an attorney tomorrow. I hope she has any ideas.
Thanks again.
 
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