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What happens when an I-130 petition for spouse is filed, but the petitioner dies before interview for a marriage green card? (Here are some tips if you have to seek a green card through remarriage: • How To Win A Green Car... )
What are the differences for winning permanent residence if the petitioner dies after i-130 approved versus if he or she passed away before it was approved?
(The i-130 form is known as the petition for alien relative. It is used to begin all family-based green card cases, where a spouse, parent, child, or sibling seeking a visa is being sponsored by a relative who is either a U.S. citizen or lawful permanent resident.)
Here is a link to our Family Visas And Immigrant Relative Petitions videos: • Family Immigration Ins...
Whether or not this petition is approved prior to or pending at the moment of the U.S. citizen's death, USCIS authorities will convert the i-130 petition for spouse into a surviving spouse immigration petition (an I-360 self-petition).
And what occurs in cases when a deceased husband or wife never filed any documents for his or her immigrant spouse?
In situations where the deceased petitioner i-130 paperwork was never submitted to the government, a surviving spouse must then independently file a i-360 widow petition (or i-360 widower petition) within a certain time frame.
In a nutshell, here are five important questions you need to know in order to win your green card marriage case after your spouse's death:
Was your spouse a U.S. citizen on the date of his or her death?
Was an Immigrant Relative Petition filed by your spouse before they passed away?
Were you and your spouse still married (and not legally separated) at the time of his or her death?
How long ago did his or her death occur?
Have you remarried?
In more complicated matters, immigrants widows can seek humanitarian reinstatement or humanitarian revalidation. These are more complicated actions, and usually require the assistance of an immigration attorney versed in immigrant relatives survivor law.
Unfortunately, in circumstances where the easiest path, getting the i-130 petition for alien relative approved while your spouse is alive, is no longer available, you must proceed forward to the adjustment of status stage under these more difficult steps.
Even though you be grieving, remember the two-year limit to win permanent residence through marriage after your husband's or wife's passing away.
Difficult, yet. But not impossible. You can do this.
To Your Immigration Success!
This video was produced by Batara Immigration Law, www.bataraimmigrationlaw.com
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MORE INFORMATION ON IMMIGRANT RELATIVE PETITIONS:
Crucial Information About Petitioning Your Parents:
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Step-Children and Step-Parent Tips To Know:
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• Immigration Fraud - Do...
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www.bataraimmigrationlaw.com/...
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