More info if a spouse dies.

Old Apr 12th 2001, 4:28 am
  #1  
Nicolas Steenhout
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I'd been asking a question and a few people answered. I had also gotten in touch
with "our" lawyer (only consulted with the guy via email, once in a while, he's
always been right on the button). Brief recap of things: *January 31, 98, we get
married, in Champaign, IL *June 98, we file for AOS (I think, forgive me if I don't
have the right terms, Linda was the expert) *July 98, I get my first EAD. *April
2000 we have our interview, *the* interview... *Hear nothing for a year, but a
request for fingerprints last January. *Recently, received a letter calling me to
the office with all my paperwork and a valid passport. Reason given: AOS. They did
not ask Linda to be there.

So, we can't help but assume that this is it. I'm sure Linda's explained that at
large already.

So, if al goes well, I'll receive my non-conditional permanent residency next week.
There's always the possibility that they'll leave the conditions on. Who knows with
them. In any case, the lawyer told me something along those lines (forgive me for not
quoting verbatim, I think it wouldn't be appropriate)

In the event of Linda's death (her body is still on life support for the next short
while), I still have a good case because we were married for more than two years and
living together at the time of her death (and can prove that). I shouldn't bring it
up at all unless the INS officer asks. If he does, I can refer him to law #INA §
201(b)(2)(A)(ii), 8 U.S.C. § 1151(b)(2)(A)(ii)

So, we'll see. I haven't looked at the law itself yet, but will do before next week.
I figured this might be some information that might be helpful in the FAQ somewhere.

BTW, thanks for all the kind words and supports.

Nic


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Old Apr 12th 2001, 11:36 am
  #2  
Rete
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Your lawyer is 100% correct Nic. Do not say anything about Linda's condition. She is
not required to be there. Jim went alone to get his I-551 stamp as I was not required
to be there. Since Linda is has not been legally declared dead, it is an issue that
would only come up if and when you apply for citizenship.

Rita

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