melody32

If I should die due to complications from today's surgery, would my husband who just recently received his greencard (k-1 visa) be deported back to England?

I did the search thing and the form I-864 was mentioned; but the person was dealing with CR something or other and so I still am worried about this.

Stupid gall bladder making me think of sad things instead of happiness over him being over here for one full year come next week.

Thanks in advance

Melody

Ray

You ain't going to die .... just make sure you put a label on each limb ..saying ..do not cut off in error ...

Folinskyinla

Hi:

Good luck.

Answer to your direct question: No, he would not be deported. In fact, he could file the I-751 immediately.

melody32

Sooo that's what a laugh feels like )

melody32

Thank you for the luck and allowing me to settle down one worry D

Ray

You won't laugh when you see the bill....

jeffreyhy

Mr.F,

And the obligation of her I-864 would continue, falling to her estate?

Regards, JEff

Rete

Only until the estate is settled, then the obligations under the I-864 are discharged.

jeffreyhy

Rete,

Would the existence of an open I-864 cause problems or delay in settling the estate?

Regards, JEff

Rete

I don't know the legal answer to that Jeff, however, rationale tells me, no. The estate will be concerned with debits and credits. An open I-864 is neither. It is a promise but not a promissory note per se and the US Government will only have the right to claim reimbursement if and when appropriate and rarely uses that avenue for reimbursement at the prresent time, I can rationally see that it would be an issue. Also the I-864 is not a transferrable instrument and once the death of spouse and the settlement of the estate is concluded, the I-864 becomes void.

I liken it my credit card. I'm married and have a credit card since the time I was single. It is in my name only and is used only by me. My husband's name is not on the card, nor on the credit application made prior to our marriage. My husband does not enjoy a second card on this account either. So if I were to die with a balance still owing on the credit card, the credit card company is SOL as my husband is not liable to pay the balance when he 'inherits' the estate because the debt is not his in any manner. The credit card company can try to get repayment from him but he does not have to repay the balance unless he wants to do. He is under no legal obligation to do so since our joint banking accounts go to him upon my death and the only thing left would be my private savings account. The CCC can, of course, go after payment from that account but not from the joint accounts and/or any of the retirement plans or life insurance monies my husband would 'inherit'.

As I said, these are only my thoughts and by no means a legal rendering since I am not qualified to do so.

jeffreyhy

Rete,

Thanks for the thoughts.

Regards, JEff

psychobabbler1

It's sad that has to be more true than funny! I had nerve decompression
surgery in the fall, but when I went in, they had me down for a different surgery--on a different part of the arm! They had already given my the good drugs when I caught the error so they had to call the surgeon out of surgery and I had to tell him that what was down was NOT what we discussed was
being done. Had to have DH sign off because I had been medicated, and then they told me to make sure I marked which arm was being operated on. I felt a bit of trepidation after all that, even with the hard stuff they have me!!

whistlestop01

Hey Melody

Sorry to hear you are going in for surgery but please don't feel that something bad is going to happen its not. You will be fine.

I can't believe your man has been here a year amazing how time flies.

Best wishes and I'm thinking of you.

Hypertweeky

Melody! Don't you even think of that!!
Bet get back here or I will kick ya!!

Jonathan McNeil Wong

melody32 wrote:
    >>Hi:
    >>Good luck.
    >>Answer to your direct question: No, he would not be deported. In
    >>fact, he could file the I-751 immediately.
    >
    >
    > Thank you for the luck and allowing me to settle down one worry :oD
    >

Stuart's response assumes, I think, that when you said "greencard (k-1
visa)", you meant that your husband had come on a K-1 visa and that he
had since adjusted his status to conditional permanent resident.

If he is still in K-1 status, the answer might likely be different.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

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Donahue Gallagher Woods LLP Facsimile: 510-832-1486
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