URGENT !!! primary sponsor dies !! help needed for spouse!!

N

nayadesi

Registered Users (C)
A friend of mine passed away yesterday after a tragic car accident. He is
survived by wife and two small children. He had applied for I-485 about
3-1/2 months ago. Did not get finger prints. Was awaiting EAD etc. My
question is :
1. Is there a chance for the spouse to get the adjustment approved finally
   or is it the end of road for her?
2. The kids were born here. Should there be a problem for them in getting
   their US passports/citizenship whatsoever?
3. The spouse has no SSN so far. Will it create any complications in her
   getting the death benefits/insurance etc
4. Is there any legal help the family can bank on?

Your advice and help appreciated.
 
Sorry to hear this

It is best to contact a lawyer \'cause I think this is
beyond the scope of this board
 
nayadesi,

very sorry to hear something like this. my condoleances to his family.
I think you should get together with an attorney and prepare a thorough document in which you clearly explain what happened and send it to INS. I don\'t expect the wife to have any major problems for the continuation of her I-485.
 
very Sorry

Sorry to hear this. my condoleances to his family. I would also suggest to consult with an attorney.
 
sorry to hear this

Sorry to hear about this. I found this in murthy.com chat transcripts. Just for your information.I think its better to contact an attorney.
 

Chat User : Hello, Ms Murthy. Thank you for the great service. What is the status of an application (family-based) when the petitioner dies under the newly enacted LIFE ACT?

Attorney Murthy : Whenever the petitioner dies, whether in a family- or employment-based case, the petition is considered no longer valid. However, in some cases it may be possible to replace one parent with the other parent, for example, if the INS allows it in their humanitarian discretion to enable the petition to remain viable.
 
What a tragedy!

It\'s so scary when something like this happens... That too in a foreign country far away from other relatives and loved ones...

Can\'t help with the question but you might want to ask this question to Mr. Jim Mills in the \'485 issues\' section on this board.
 
No Title

Sorry to hear that. I don\'t think anyone in this board might able to answer this question. But You could try murthy forum becase some time attorney answer the question and in your situation she will definetly answer your question.
 
I am saddenned to hear this.

My condolences to the family and hope God gives them strength to
bear the loss. I feel for them because I too have two small children!
I hope ur friend had life insurance! People, this is the reason we need Life Insurance, so that our families are protected if the un-thinkable happens.
I can answer your question #2. The children if born here are citizens by virtue of birth. They can get Passports without any issue.
 
thanx for your condolences

Thank you all for the messages of support. Really it is a sad situation. I\'ll try all means to find the best help to the bereaving
family.
Thanks again and keep your suggestions coming.
 
No Title

I know the person who died, he was my close friend.
I spoke about this specific case with an attorney already. and He gave me advices. You can contact me for further information in this regard.
My email is samusam@msn.com
 
Based on hardship....

This is truly heartbreaking...
First of all, INS should not know that the primary applicant has passed away unless the company informs them.
Secondly, and worse come to worst, the spouse can appeal and be adjusted based on economic necessity and hardship for her citizen children.
We all would pray for the best to happen to the family under these circumstances.
 
What a horrible story ..;-(..I hope that the family won\'t have any problems

with that, if they find a good lawyer ...Pray for them !!
 
Condolences..

Plase convey mine and my families heart felt condolences to your friend\'s family and children. It is indeed the toughest time a person could go thro in life. May God give the lady all the strength to go thro the tough time and come out successfully. Please consult a good immigratiaon attorney.
 
My condolences too and some info

Very sad. 3 years back, similar tragedy happened to a friend & and his wife were killed in a car accident in US. I know how painful it is.

Following is from http://www.imminfo.com attorney Ron Gotcher.
See if this helps. Also try posting to get another attorney\'s views.(in addition toto ur efforts locally). sorry not been much helpful.

Message text:
************
This is about a friend of mine who has been staying ICU in one chicago hospital for weeks. Thank you for your advises from previous messages. His wife would like to consult you, she thinks you are helpful and reliable, that his husband will be switched to a retiree status, therefore, he is able claim the medical insurance. However, she is wondering if this move will affect their I485 status because he has been out of work due to the medical emergency. If so, what should they do? They filed their aos (under the husband) last December.

Attorney:
*******
This is really a heartbreaking situation. If the INS finds out about him, they will most likely deny his adjustment application. I honestly don\'t know what they could do at this point.

Well, his wife did ask about continuation of his H-1 status, however, I believe that it won\'t work. I has been thinking about that his wife could file another AOSs (from wife\'s 140 approval) for both of them at this point. Do you think it could create some chaotic situations from INS? OR is it a workable solution?

If the wife has her own I-140 approval, then she could definitely file her own application. Something that she might want to consider, in that case is this: Contact the INS and tell them that she wants to substitute her I-140 for that of her husband. Tell them that he has retired and that she is now the principal. This is a big step and she should consult with a local attorney where she lives first. Most likely, the INS will transfer the file to the local INS office for an interview.

Please caution her to proceed carefully. This can work, and probably will, but she has to make sure that she does everything right. If she can\'t find a good attorney in her area, ask her to e-mail me and I\'ll send her some suggestions. Please also tell her that she has my best wishes for success.
 
sorry to hear this

God bless your friends\' family...

I am sure there is a way ....Just contact a good lawyer
Let\'s pray for that family
 
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