Petitioner of K1 visa gravely ill

I485_help

Registered Users (C)
#1
Hello,

I'm writing on behalf of my coworker who is battling cancer. She is a US citizen who recently got married. Her spouse is in US on K1 visa awaiting Permanent residency and EAD card. Is there any chance for expediting the spouse's application?
 

newacct

Well-Known Member
#2
There is no need. A widow(er) of a US citizen can self-petition (with I-360) for permanent residency within 2 years of the US citizen's death, as long as they have not remarried. If the US citizen dies while the I-130 is pending or approved, it will automatically be converted to an I-360 without needing to file one separately.
 

I485_help

Registered Users (C)
#3
There is no need. A widow(er) of a US citizen can self-petition (with I-360) for permanent residency within 2 years of the US citizen's death, as long as they have not remarried. If the US citizen dies while the I-130 is pending or approved, it will automatically be converted to an I-360 without needing to file one separately.
Thank you for your response. Spouse's I-485 & I-765 are pending adjudication since May 2017 and she just received an interview date for next month.

We are hoping that the IO won't deny the PR and EAD looking at petitioner's ill health thinking that the spouse will be a burden to US government.
 
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