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I'm wondering if people can tell me how typically USCIS approaches I-751 cases where only the non-citizen is filing due to the death of the USC spouse within 2 years of the marriage (in this case, after about 13 months of marriage).
I know that when the marriage ends in divorce before the I-751 is filed, there is a presumption that the marriage was fraudulent. But does this presumption apply when the marriage ended because the USC spouse died? In this case, two friends of mine were married--I am quite confident that the marriage was genuine--and the USC spouse died tragically. An RFE appears to have been issued regarding the I-751 petition, and the friends and family of this couple have been approached to write letters in response to the RFE in support of the fact that the marriage was genuine.
Since I'm probably a bit more familiar with the immigration process--having been through it myself--than most of the people who've been approached, it might help if I knew a bit about how such cases are typically dealt with before writing my letter, so I can word it to have maximum effect.
Also, does it affect things at all where the USC spouse died? In this case she died while temporarily out of the USA, travelling with her husband in a third country. Does this make any difference?
Thanks in advance for any thoughts you may have!
I know that when the marriage ends in divorce before the I-751 is filed, there is a presumption that the marriage was fraudulent. But does this presumption apply when the marriage ended because the USC spouse died? In this case, two friends of mine were married--I am quite confident that the marriage was genuine--and the USC spouse died tragically. An RFE appears to have been issued regarding the I-751 petition, and the friends and family of this couple have been approached to write letters in response to the RFE in support of the fact that the marriage was genuine.
Since I'm probably a bit more familiar with the immigration process--having been through it myself--than most of the people who've been approached, it might help if I knew a bit about how such cases are typically dealt with before writing my letter, so I can word it to have maximum effect.
Also, does it affect things at all where the USC spouse died? In this case she died while temporarily out of the USA, travelling with her husband in a third country. Does this make any difference?
Thanks in advance for any thoughts you may have!