Please need help with green card..Spouse died in conditional period

T

trust2010

New Member
My freind got married an year ago, a marriage which was not faithful from her husband's side. He passed away within 2 yrs of conditional green card period. What are her options ?. Can she still hold the green card and remove conditions after 2 years. The affidavit of support in her case was from somebody in husband's family- what will happen to that, will it be still valid or not required ?. Also can she go outside US right now- I believe same green card rules will apply?. What if she get married in near future to someone who is not in US (not a US citizen or permanent resident)- I believe she will loose her resident status, if she marries within 2 yrs period?. Are rules or options any different based on how spouse died (accident, suicide, natural etc), though it was all his fault. Can she get any exemption in any rules, time frame if it is proved that all was his fault only. Also does options vary if she changes her name (just to get rid of his memories) ...Sidhartha
 
Yes, she needs to file an I-751 to remove her conditions. The I-864 is still valid. She has the same residency obligations like any other GC holder. She will not lose her GC status if she re-marries.

trust2010 said:
He passed away within 2 yrs of conditional green card period. What are her options ?. Can she still hold the green card and remove conditions after 2 years. The affidavit of support in her case was from somebody in husband's family- what will happen to that, will it be still valid or not required ?. Also can she go outside US right now- I believe same green card rules will apply?. What if she get married in near future to someone who is not in US (not a US citizen or permanent resident)- I believe she will loose her resident status, if she marries within 2 yrs period?.
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trust2010 said:
Are rules or options any different based on how spouse died (accident, suicide, natural etc), though it was all his fault.
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If the marriage ended as a result of the death (i.e. there was no divorce before the death), she would not be subject to the 5-year waiting period for sponsoring a new spouse.
 
She needs to know that marriage will not grant her new spouse the ability to immediately move to the US. She will need to file for his GC, and he will have the 5-6 year wait unless he can obtain a dual intent visa status. If she does not reside in the us in accordance with the GC requirements, she will lose her GC.
 
Thanks for replies..Just few last queries please !

Please correct me if I am wrong. She didn't file any I-485 as she just came to US on immigrant visa & got green card after a week. So now when she needs to file I-751 as mentioned above. If at all she marries again within conditional period or after that, will it effect her green card status. I believe she also needs to live in US atleast 30 months, before she applies for citizenship. But she can marry & sponsor anybody who is not holding any US residency status or visa. Her second marriage is not going to change or revoke her green card status, attained from first mariage. Also can nature of her first husband's death impact anything or anywhere ?.

Also what will happen to earlier Affidavit of Support that was given by her first husband's relative. Does that person still holds any type of liability. Is there any law that can be looked to assure that there is no liability on that person & that earlier AOS is not valid now. Also if she wants to change her name to get rid of old memories, can that effect her case in anyway ?
 
You are asking the same questions again and again.
She has to file I-751 to remove her conditions.
She can apply for citizenship after 5 years of PR status in addition to meeting physical presense requirements.
I-864 is still enforceable.
Her future marriage is not a variable.
How her spouse died holds no relevance.
Name change is not a show stopper.

trust2010 said:
Please correct me if I am wrong. She didn't file any I-485 as she just came to US on immigrant visa & got green card after a week. So now when she needs to file I-751 as mentioned above. If at all she marries again within conditional period or after that, will it effect her green card status. I believe she also needs to live in US atleast 30 months, before she applies for citizenship. But she can marry & sponsor anybody who is not holding any US residency status or visa. Her second marriage is not going to change or revoke her green card status, attained from first mariage. Also can nature of her first husband's death impact anything or anywhere ?.

Also what will happen to earlier Affidavit of Support that was given by her first husband's relative. Does that person still holds any type of liability. Is there any law that can be looked to assure that there is no liability on that person & that earlier AOS is not valid now. Also if she wants to change her name to get rid of old memories, can that effect her case in anyway ?
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trust2010 said:
But she can marry & sponsor anybody who is not holding any US residency status or visa
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Yes, she can sponsor a new spouse, but while she doesn't have citizenship there will be a multi-year waiting period in the Family 2A queue before the new spouse will be eligible to obtain the green card or to stay in the US for adjustment of status based on her sponsorship.
 
Just 2 last questions..please if someone can answer

1. Just want to confirm if affidavit of support from last marriage is still valid, after spouse death. Th affidavit was given by spouse relative. I have read that after spouse dies, the affidavit becomes invalid as per new law & also the petition. Is there a way to cancel old affidavit
2. Does she need to wait for 5 yrs to get her citizenship. I though after marriage its 2-3 years.
3. At what point of time she needs to fill form for removal of conditions. She is right now in conditional period

Thanks
 
1. The obligation of the joint sponsor terminates when the obligations of the direct sponsor terminates. Death of the sponsor terminates it, so it also terminates for the joint sponsor.

2. The 3-year marriage rule requires still being married to and living with the US citizen. So she will need to wait out the 5 years.

3. Within the 90-day window prior to expiration of the conditional card.
 
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