I485 , Husband expired, What will be the status of the Wife
- Thread starter gc4health
- Start date
gc4health said:
Sorry to hear the loss. Technically USCIS is supposed to deny wife's case, but as her I-485 is already pending, it is possible that USCIS will approved her I-485 without being aware of her husband's death. But if USCIS requests RFE or interview the matter certainly will come up.
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gc4health,
Sorry to hear that.it's very unfortunate.
As others above suggested the dependents may get approved with out the
info' ,may be good thing .(hope/wait for it,which will be best and now a days for many 485 approvals they are sedning cards directly). but if RFE or primary FPs were required it may be a problem for others.
Normally when the primary/sponsor deceases and if CIS knows it the primary
140 will be automatically revoked.
If the issue final tendency seems to have negative indications like RFE, denial etc.you may represent if possible.(I am not a lawyer and I don't know whther it is really worth at the end ,but if you wish you can try employing good lawyer).
Just below giving some excerpts which may be relevant.
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8 CFR
ART 1205—REVOCATION OF APPROVAL OF PETITIONS:
1205.1 Automatic revocation:
a) Reasons for automatic revocation. The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:
i) Immediate relative and family-sponsored petitions, other than Amerasian petitions. (A) Upon written notice of withdrawal filed by the petitioner or self-petitioner with any officer of the Service who is authorized to grant or deny petitions.
(B) Upon the death of the beneficiary or the self-petitioner.
**(C) Upon the death of the petitioner, unless the Attorney General in his or her discretion determines that for humanitarian reasons revocation would be inappropriate.***
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http://uscis.gov/graphics/howdoi/affsupp.htm#sub-spon:
How can I reinstate a visa petition that was revoked by the death of the original petitioner?
Typically, when the visa petitioner dies, the approved I-130 originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a “substitute sponsor”.
In order to seek reinstatement of the visa petition, you must submit a statement to the USCIS office where the original visa petition was filed formally requesting reinstatement of the visa petition. The statement should list reasons why your case warrants reinstatement, such as your ties to the United States, or hardship that would occur to you if the request for reinstatement were not granted.
You must also include with your reinstatement request a Form I-864 Affidavit of Support completed by a “substitute sponsor”. A substitute sponsor must be a citizen or national, or an alien lawfully admitted for permanent residence, at least 18 years of age, and resident in the United States. A substitute sponsor must also be related to you as one of the following: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. This substitute sponsor is filing the I-864 in place of the deceased petitioner, and must meet all of the financial requirements of a sponsor pursuant to INA 213A.
With your reinstatement request you must provide documentary evidence of the death of the original petitioner, plus documentation of the relationship between you and the substitute sponsor. Finally, include a copy of your approved I-130, if available.
What is a “substitute sponsor” and how can I be one?
A substitute sponsor is a sponsor who files an I-864 Affidavit of Support in place of a visa petitioner who has died. In order to be a “substitute sponsor,” you must be related to the intending immigrant in one of the following ways: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. You must also be a U.S. citizen or national or an alien lawfully admitted for permanent residence, be at least 18 years of age, domiciled in the United States, and meet all of the financial requirements of a sponsor pursuant to INA 213A.
Should the request for reinstatement be approved, and the intending immigrant ultimately obtains permanent residence in the United States, you will assume all of the obligations of a I-864 sponsor.
In order to be a “substitute sponsor,” complete Form I-864 and submit it to the USCIS office where the revoked visa petition (Form I-130) was originally filed, along with a statement from the intending immigrant formally requesting reinstatement (See “How can I reinstate a visa petition that was revoked by the death of the original petitioner?”) and evidence that you are related to the intending immigrant in one of the ways listed above.
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Even if petition is some how CIS considers non revocation,a sponsor may be still required and if her citizen relatives are in US and sponsors.
These just are provisions and it is not just easy to get those.But check with
your lawyer,(as a last resort and if you wish so and if you feel it is worth).
So think carefully and use your descretion.
Sorry to hear that.it's very unfortunate.
As others above suggested the dependents may get approved with out the
info' ,may be good thing .(hope/wait for it,which will be best and now a days for many 485 approvals they are sedning cards directly). but if RFE or primary FPs were required it may be a problem for others.
Normally when the primary/sponsor deceases and if CIS knows it the primary
140 will be automatically revoked.
If the issue final tendency seems to have negative indications like RFE, denial etc.you may represent if possible.(I am not a lawyer and I don't know whther it is really worth at the end ,but if you wish you can try employing good lawyer).
Just below giving some excerpts which may be relevant.
---------------------------------------------------------------------
8 CFR
ART 1205—REVOCATION OF APPROVAL OF PETITIONS:1205.1 Automatic revocation:
a) Reasons for automatic revocation. The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:
i) Immediate relative and family-sponsored petitions, other than Amerasian petitions. (A) Upon written notice of withdrawal filed by the petitioner or self-petitioner with any officer of the Service who is authorized to grant or deny petitions.
(B) Upon the death of the beneficiary or the self-petitioner.
**(C) Upon the death of the petitioner, unless the Attorney General in his or her discretion determines that for humanitarian reasons revocation would be inappropriate.***
----------------------------------
http://uscis.gov/graphics/howdoi/affsupp.htm#sub-spon:
How can I reinstate a visa petition that was revoked by the death of the original petitioner?
Typically, when the visa petitioner dies, the approved I-130 originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a “substitute sponsor”.
In order to seek reinstatement of the visa petition, you must submit a statement to the USCIS office where the original visa petition was filed formally requesting reinstatement of the visa petition. The statement should list reasons why your case warrants reinstatement, such as your ties to the United States, or hardship that would occur to you if the request for reinstatement were not granted.
You must also include with your reinstatement request a Form I-864 Affidavit of Support completed by a “substitute sponsor”. A substitute sponsor must be a citizen or national, or an alien lawfully admitted for permanent residence, at least 18 years of age, and resident in the United States. A substitute sponsor must also be related to you as one of the following: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. This substitute sponsor is filing the I-864 in place of the deceased petitioner, and must meet all of the financial requirements of a sponsor pursuant to INA 213A.
With your reinstatement request you must provide documentary evidence of the death of the original petitioner, plus documentation of the relationship between you and the substitute sponsor. Finally, include a copy of your approved I-130, if available.
What is a “substitute sponsor” and how can I be one?
A substitute sponsor is a sponsor who files an I-864 Affidavit of Support in place of a visa petitioner who has died. In order to be a “substitute sponsor,” you must be related to the intending immigrant in one of the following ways: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. You must also be a U.S. citizen or national or an alien lawfully admitted for permanent residence, be at least 18 years of age, domiciled in the United States, and meet all of the financial requirements of a sponsor pursuant to INA 213A.
Should the request for reinstatement be approved, and the intending immigrant ultimately obtains permanent residence in the United States, you will assume all of the obligations of a I-864 sponsor.
In order to be a “substitute sponsor,” complete Form I-864 and submit it to the USCIS office where the revoked visa petition (Form I-130) was originally filed, along with a statement from the intending immigrant formally requesting reinstatement (See “How can I reinstate a visa petition that was revoked by the death of the original petitioner?”) and evidence that you are related to the intending immigrant in one of the ways listed above.
--------------------------------------------------------------------------
Even if petition is some how CIS considers non revocation,a sponsor may be still required and if her citizen relatives are in US and sponsors.
These just are provisions and it is not just easy to get those.But check with
your lawyer,(as a last resort and if you wish so and if you feel it is worth).
So think carefully and use your descretion.
Substitute sponsor might work. However remember that if they approve it now because they did not know that your husband has died they can revoke it later on if they find out that they issued it after your husbands death. They might also question the validity of your green card in case you apply for naturalization five years down the line. I would strongly suggest that you talk to an experienced attorney. Wrong decision can have serious consequences later on. My 2 cents. Some one in this forum or murthy.com is also in this situation but in her case she was married to a us citizen who died before they could be interviewed. I do not see any new posts related to that. You might want to check or search these forums. My best wishes that this someohow gets worked out in your favor.