crh_usa

Please help me here,

The son of my closest friend died unexpectedly 2 days ago. He married an Ukrainian girl 3 months ago, a few days before her work visa expired. She was going to get her green card and citizenship through her husband.
Everyone is in total shock over what happened. I want to try to help the widow through the paperwork and so on. Could anyone help me understand whether this effects her ability to stay in the country and get her permanent residency ? What would be her options.

thanks

Folinskyinla

Hi:

You don't give enough facts to answer this question. These cases are quite sad and the answer depends upon certain details. However, in "reading between the lines" I assume she is still in the US and a "combined" I-130/485 was filed. If that is so, she falls within the cracks of having anything done based upon the marriage.

Sorry. However, there may be other ways to handle the case not directly related to the marriage.

BritishInOhio

If they have had their AOS interview and were approved she will be allowed to stay by filing the I-751 stating she is a widow of a USC. If they had not had their AOS interview she has to go home I'm affraid.

DCMark

That is very sad.

Hopefully the lawyers on the NG will chime in. However, we need to know did they begin to file the paperwork yet? Did they file for Adjustment of Status (AOS)?

Regardless, it is imperative that she NOT leave the United States for any reason until this is sorted out.

BritishInOhio

Go see and experienced immigration lawyer ASAP and don't let her leave the country.

crh_usa

Thank you all for your quick answers. I'll be seeing the widow on Thursday and if appropriate at the time ask her about where she stands in the process. I'll post some more information later this week. Thank you so much again



QUOTE]Originally posted by Folinskyinla
Hi:

You don't give enough facts to answer this question. These cases are quite sad and the answer depends upon certain details. However, in "reading between the lines" I assume she is still in the US and a "combined" I-130/485 was filed. If that is so, she falls within the cracks of having anything done based upon the marriage.

Sorry. However, there may be other ways to handle the case not directly related to the marriage. [/QUOTE]

Andy Platt

In general for someone who has filed or could file for immigration benefits
based on marriage to a US citizen, that US citizen must be alive by the time
the immigration benefit is approved. There is the ability for a spouse to
self-petition based on a deceased US citizen but, unfortunately, this is
*only* available after the 2nd anniversary of the marriage (to be pedantic,
the second anniversary with the spouse surviving). If the person is already
a permanent resident then they remain so after the death of their spouse, no
matter how many days the marriage has been in existence.

(Another travesty of the way the immigration laws apply is that somebody who
got married and managed to get same-day adjustment of status could remain in
the US even if their spouse died a day after the wedding but somebody who's
spouse died one year and 354 days after the wedding but hadn't yet adjusted
status couldn't).

Andy.

--
I'm not really here - it's just your warped imagination.

"crh_usa" <member@british_expats.com> wrote in message
news:[email protected]...
    > Please help me here,
    > The son of my closest friend died unexpectedly 2 days ago. He married an
    > Ukrainian girl 3 months ago, a few days before her work visa expired.
    > She was going to get her green card and citizenship through her husband.
    > Everyone is in total shock over what happened. I want to try to help the
    > widow through the paperwork and so on. Could anyone help me understand
    > whether this effects her ability to stay in the country and get her
    > permanent residency ? What would be her options.
    > thanks
    > --
    > Posted via http://britishexpats.com

lpdiver

"somebody who
got married and managed to get same-day adjustment of status " This happens? How? I haven't looked that far ahead as I am simply trying to get her here...lol.

Steffi

Oh wow, I can't believe the laws would be so harsh as to kick a widow out of the country just like that. That is very upsetting! I hope you can find some way to help her out during this process.

Maryanne Kehoe

Can she stay (based on hardship case?)

DCMark

What is the hardship?

Rete

Yes this was the norm for K-1'ers who were lucky enough to live in the jurisdictions of Dallas, Detroit and Sault Ste. Marie, MI in '98, '99 and '00. I forget the exact date when the pilot program was discontinued.

Those lucky folks who entered on a K-1 were able to get married, get their I-485 and I-864 together, walk into anyone of the three offices above and walk out with their adjustment of status approved and a new I-551 in their passport.

Rete

Andy Platt

"lpdiver" <member@british_expats.com> wrote:

    > "somebody who
    > got married and managed to get same-day adjustment of status " This
    > happens? How? I haven't looked that far ahead as I am simply trying to
    > get her here...lol.

I don't know if any of the offices still do this but a couple used to have
same day AOS for K-1 applications. Theoretically if you could get married in
the morning, get the certified copy of the wedding certificate and get to
the office it would have been possible to adjust status on the same day. I
don't think anyone ever did that but several did within the week of
marriage.

Some offices still expedite K-1s and can do them in a couple of months.

Andy.

--
I'm not really here - it's just your warped imagination.

Rete

Guess you weren't using the group just after September 11, 2001.

Many H-1Bs lost their lives in the terrorist attack and their foreign spouses who only had derivative H-4's had to leave the US.

However, public outcry and media attention helped these widows and widowers and many of them were allowed expedited PR status.

crh_usa

In her case, she was already on US soil for 2 years, do not know if it makes a difference. I'll know more in a couple of days and keep my fingers crossed.

thanks