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If a husband dead, what to do with I-485 or...?

If a husband dead, what to do with I-485 or...?

Old Oct 3rd 2002, 3:41 pm
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Default If a husband dead, what to do with I-485 or...?

If a marrigae is only 6 months, and a husband is dead. What to do? Will I have any visa or right to get the green card?
Will I have any right to work? What is the regulation for this and where I can read them?
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Old Oct 3rd 2002, 3:49 pm
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Default Re: If a husband dead, what to do with I-485 or...?

Originally posted by samal1485:
If a marrigae is only 6 months, and a husband is dead. What to do? Will I have any visa or right to get the green card?
Will I have any right to work? What is the regulation for this and where I can read them?
If the USC spouse dies after the foreign spouse has been granted [conditional and/or unconditional] residency, they have the right to remain in the US. If conditional, they would apply after their spouse's demise for removal of conditions. If unconditional, there is nothing for them to do whatsoever.

If residency had not been obtained before the death of the USC spouse, I am unsure if the foreign spouse has any rights whatsoever to remain within the US and continue the quest for residency.

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Old Oct 3rd 2002, 3:55 pm
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Default Re: If a husband dead, what to do with I-485 or...?

SinceI donot have unconditional/conditional, I do not have any right It is this correct?


Originally posted by Rete:


If the USC spouse dies after the foreign spouse has been granted [conditional and/or unconditional] residency, they have the right to remain in the US. If conditional, they would apply after their spouse's demise for removal of conditions. If unconditional, there is nothing for them to do whatsoever.

If residency had not been obtained before the death of the USC spouse, I am unsure if the foreign spouse has any rights whatsoever to remain within the US and continue the quest for residency.

Rete
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Old Oct 3rd 2002, 4:37 pm
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Andy Platt
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Default Re: If a husband dead, what to do with I-485 or...?

The only rights enshrined in immigration law are when the marriage has
existed for two years. Below that you would be hoping for a hardship waiver
(very few); there is also some debate about whether, for a K-1er, just the
marriage is good enough because the AOS is based on the marriage within the
90 days. However, if that worked they would need to be able to have one of
the dead spouse's relatives be the sponsor under a new law.

Andy.

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"Rete" wrote in message
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...
    > Originally posted by samal1485:
    > > If a marrigae is only 6 months, and a husband is dead. What to do?
    > > Will I have any visa or right to get the green card?
    > > Will I have any right to work? What is the regulation for this and
    > > where I can read them?
    > If the USC spouse dies after the foreign spouse has been granted
    > [conditional and/or unconditional] residency, they have the right to
    > remain in the US. If conditional, they would apply after their spouse's
    > demise for removal of conditions. If unconditional, there is nothing
    > for them to do whatsoever.
    > If residency had not been obtained before the death of the USC spouse, I
    > am unsure if the foreign spouse has any rights whatsoever to remain
    > within the US and continue the quest for residency.
    > Rete
    > --
    > Posted via http://britishexpats.com
 
Old Oct 3rd 2002, 6:00 pm
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Default Re: If a husband dead, what to do with I-485 or...?

Originally posted by samal1485:
If a marrigae is only 6 months, and a husband is dead. What to do? Will I have any visa or right to get the green card?
Will I have any right to work? What is the regulation for this and where I can read them?
Hi:

My condoloences on your loss.

You do not give enough facts. If your I-130 was approved, or you entered on a K-1 visa, you may very well be Ok. But if you filed a combined I-130/485 application, then the law does not help you. [There is a provision for people who have been married to a citizen for over two years -- it was designed for spouses of expatriates, many of who had US citizen children].

I hope this helps.
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