I-751 in case of the death of the USC spouse

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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!
 
Q. 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. No. Those who obtain permanent residence based on being the widow(er) of a citizen are not subject to conditional permanent residence and will not have to file Form I-751.



http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a5febebf59d85210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
 
Q. 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. No. Those who obtain permanent residence based on being the widow(er) of a citizen are not subject to conditional permanent residence and will not have to file Form I-751.



http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a5febebf59d85210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Thanks for the link--however, I'm not sure how relevant this is. Permanent residence wasn't obtained, in this case, based on being the widow(er) of a USC--because the USC spouse was still living at the time conditional permanent residence was obtained.

The surviving noncitizen spouse already has conditional permanent residence--whether subject to it or not--so they still need to convert this status into a full 10 year GC in some manner. That link isn't all that clear on how to do so.
 
Shame incident happened with me. My wife passed away after 1 year of marriage period. I do not know what to do. I would be greatly appreciated If you have any kind of experiences or knowledge regarding this matter. I have a temporary green card now but I know I can file I-751 and do not know how it's gonna work out for me. Thanks
 
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!
Shame incident happened with me. My wife passed away after 1 year of marriage period. I do not know what to do. I would be greatly appreciated If you have any kind of experiences or knowledge regarding this matter. I have a temporary green card now but I know I can file I-751 and do not know how it's gonna work out for me. Thanks
 
Shame incident happened with me. My wife passed away after 1 year of marriage period. I do not know what to do. I would be greatly appreciated If you have any kind of experiences or knowledge regarding this matter. I have a temporary green card now but I know I can file I-751 and do not know how it's gonna work out for me. Thanks
You should file I-751 as soon as possible. Gather as much proof of bona fide marriage as you can.
 
You should file I-751 as soon as possible. Gather as much proof of bona fide marriage as you can.
Thank you so much for the reply! I just filed the I 751 and sent it to Vermont location with all the proofs I had.but I have a couple of questions. Specially in my case how long does take it to get a final call. Is there any chance to get a interview in a local office. Is biometric requires? I know in regular cases you have go to 2 times to get your biometric done but it has been only a year since I have my 2 years card.
 
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