Please guide me this situation where petitioner passed away

K

kava09

New Member
My wife died 2 months back from a drug overdose. A relationship that wasn’t faithful from her side. I came to US in 2010 January after she sponsored me so I am still in conditional GC period.
a) How long I still need to wait to remove conditions. What all documents I might need to fill or submit that time ?
b) There is also a joint sponsor involved, for providing affidavit. Will it still be valid or I think as per new widower law the obligation of joint sponsor terminates when obligation of direct sponsor does. Where I can see exact details to this change ?
c) I believe I still need to maintain all GC rules. What I go out of US and after 6 months, just come back for 1-2 weeks. Will that still keep my status safe ?. Can disturbed mind state be a valid reason to ask for extension
d) Any other thing in future that I need to be careful of, that can impact my status like remarriage, joint finances etc
 
Whenever you file for removal of conditions on your status all you need is a Certified Death Certificate to send with your I-751 petition, there is no need of filing a Affidavit of support at this time or when you file I-751 as you already have a Conditional GC, if your spouse was your I-864 sponsor than obviously with her death that obligation has been terminated.
Keep your stay out of US under 6 months to avoid any issues when you file I-751.
The earliest I believe you can file your I-751 to remove conditions is 90 days prior to the second anniversary of your Conditional GC approval date.
 
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Thanks a lot for all the responses. Just few clarifications -
So I can file I-751 even right now I believe and can I file if I am India
Where can find a official link to see rules about affidavit of support ?. Does obligation of joint sponsor also ends after death of primary sponsor ?

Thanks
 
If the primary sponsor dies, the I-864A instructions say the obligations of the joint sponsor (technically "household member") are terminated.

However, the I-864 instructions don't say that. So it may depend on whether the "joint sponsor" filed a secondary I-864, or whether they filed I-864A as a household member. If they filed the I-864, it looks like you or the joint sponsor would have to die, in order for the obligation to be terminated by a death.

Regardless of whether the I-864 is terminated, a new I-864 is not required for filing the I-751.
 
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kava09 said:
Thanks a lot for all the responses. Just few clarifications -
So I can file I-751 even right now I believe and can I file if I am India
Where can find a official link to see rules about affidavit of support ?. Does obligation of joint sponsor also ends after death of primary sponsor ?

Thanks
Click to expand...

http://ecfr.gpoaccess.gov/cgi/t/tex...7&tpl=/ecfrbrowse/Title08/8cfr216_main_02.tpl

8 CFR 216.4

(4) Physical presence at time of filing.

A petition may be filed regardless of whether the alien is physically present in the United States. However, if the alien is outside the United States at the time of filing, he or she must return to the United States, with his or her spouse and dependent children, to comply with the interview requirements contained in the Act. Furthermore, if the documentation submitted in support of the petition includes affidavits of third parties having knowledge of the bona fides of the marital relationship, the petitioner must arrange for the affiants to be present at the interview, at no expense to the government. Once the petition has been properly filed, the alien may travel outside the United States and return if in possession of documentation as set forth in §211.1(b)(1) of this chapter, provided the alien and the petitioning spouse comply with the interview requirements described in §216.4(b). An alien who is not physically present in the United States during the filing period but subsequently applies for admission to the United States shall be processed in accordance with §235.11 of this chapter.

Joint sponsors and their co-sponsors remain "jointly and severably liable" under the same terms as the original or substitute sponsor (one of these will be the the primary sponsor). There are four different types of sponsors described in the laws, regs and form instructions. Co-sponsors of the original or substitute are no longer legally liable when the primary sponsor dies because the primary sponsor's affidavit is no longer legally enforceable.
 
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