Name Check Pending and Wife passed away

G

gc_phoenix

Registered Users (C)
Hi,
I came to US on H1B in 2001, later meet my wife (USC) got married in 2004,since then we brought a house together & had a beautiful daughter. my wife passed away due to health issues 3 weeks before. We were married for 2 yrs and 2 months. We had our GC interview on 10/31/2006, everthing went ok, and officer didn't approve my GC due to my name check pending. Office told me that name check request sent FBI on 01/22/2005, it's been almost 2 yrs since name check is pending. I’m not sure about my status now, I’m so emotionally disturbed since my wife passed away, I’m thinking of going to my home country INDIA for 2-3 months to be with my family. Thinking of applying for advance parole, do i need to inform USCIS about my wife's death?? We have lots of memories in our house, so i want stay in our house for ever, I’m afraid USCIS might reject my case because my wife passed away. I’m very disturbed & confused :confused: , any help appreciated.

Thanks
Chandler
 
since you have been married to your wife for more than two years, you can self-petition. I'd get a lawyer if I were you, and I'd get on this case asap, and perhaps, enlist the help of a congressman. I am sorry about your wife....

Petition for Amerasian, Widow(er), or Special Immigrant If you are in the United States and filing as a Widow/Widower,you may file this petition together with your application for adjustment of status.
 
Thanks for quick response LucyMO,sorry i'm little confused .we already filed our 485 over 2 yrs ago, how do i inform about my wife's death to USCIS??will this self-petition revoke my i-485??
 
gc_phoenix said:
Hi,
I came to US on H1B in 2001, later meet my wife (USC) got married in 2004,since then we brought a house together & had a beautiful daughter. my wife passed away due to health issues 3 weeks before. We were married for 2 yrs and 2 months. We had our GC interview on 10/31/2006, everthing went ok, and officer didn't approve my GC due to my name check pending. Office told me that name check request sent FBI on 01/22/2005, it's been almost 2 yrs since name check is pending. I’m not sure about my status now, I’m so emotionally disturbed since my wife passed away, I’m thinking of going to my home country INDIA for 2-3 months to be with my family. Thinking of applying for advance parole, do i need to inform USCIS about my wife's death?? We have lots of memories in our house, so i want stay in our house for ever, I’m afraid USCIS might reject my case because my wife passed away. I’m very disturbed & confused :confused: , any help appreciated.

Thanks
Chandler
Click to expand...


Hi

I am so sorry about your loss. I do know how you feel as my husband passed away in May 06 and know how difficult life must be at the moment

Hopefully you should be ok as you are so far down the line , unfortunatley my husband was the petitioner for my son, husband died and case died with husband

There is no commpassion in the USA and www.expatsvoice.org is campaigning for a compassionate visa and to protect all children from aging out as the CSPA does NOT protect all children

Please let us know how you get on
 
My condolences...

GC...

I am very sorry to hear of your wife's passing. I can imagine that you are shattered about this terrible development in your life. I believe that you should write USCIS and inquire about the status of your case. At times, it might that the FBI is done with your name check, but some incompetent officer is just lazy to finalize and approve your case.

The advise that Lucy gave is a good one. After hearing from USCIS on your letter, then you can see if hiring a GOOD AND COMPETENT IMMIGRATION attorney in AZ won't help your case. Personally, since the interview was done before she passed away, high probability that once your name is cleared, you will be approved and resume with your life with your daughter. I'd advise you against travelling before your immigration situation is settled, it is a lot harder to fight with the immigration people while outside the country. So, before you travel ensure that your greencard issue is settled and approved.

Man... nothing prepares one for such a terrible event. So, my utmost condelences to you and your daughter, and her family.
 
Thanks "Al Southner", it's terriable loosing my wife, not sure i will ever be normal again.i'm also thing of writing to immigration office about my case , but not sure should i mention about my wife's death in the request,please let me know.
 
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