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DEATH OF PETITIONER...PLS HELP!!!!!!


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#61 bardge24

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Posted 07 August 2009 - 04:44 AM

QUOTE (Ampalaya @ Aug 6 2009, 09:24 PM) <{POST_SNAPBACK}>
Can't always rely on the USCIS "mis" information services answers.

As I mentioned before. She should get a attorney.

If she'd not out of status yet she soon will be.

It would be nice to know in case this occurs again if she did call the the embassy and if she did attend CFO and if so what happened in both cases.



Hi guys, she did not call the Embassy though...maybe everything will be done here..like hiring an attorney or calling the USCIS..i dunno....anyway, hope everything will be ok soon...
Our K1 Journey


Nov. 09, 2003 - met online
Nov. 17, 2003 - became bf/gf
Jan. 25, 2005 - online engagement
Nov. 05, 2005 - first meeting
Jan. 07, 2008 - filed I-129 F for the first time
Mar. 08, 2008 - petition was denied because we did not meet within 2 yrs prior the filing of the petition
Mar. 2008 - filed Notice of Appeal or Motion
May 09, 2008 - my honey visited me for the second time
May 18, 2008 - Engagement Party @ La Majarica Hotel
May 23, 2008 - my honey received Notice of Appeal: Not Granted
June 05, 2008 - my fiance back to Florida
Aug 10, 2008 - filed I- 129 F for the second time
Aug. 14, 2008- Receipt Notice
Feb. 04, 2009- Approval Notice
Feb. 09, 2009 - Got MNL case number
Mar. 30, 2009 - NVC forwarded my case no. to US Embassy Manila
Apr.15, 2009 - scheduled an appointment for interview
Apr. 17, 2009 - medical as SLEC
Apr. 20, 2009 - medical not approved:Need to take the sputum test
May 5-7, 2009- Sputum test
July 07, 2009 - Got my medical result!Now i passed!!!ohh..thank God!i took my medical right away
July 17, 2009 - VISA APPROVED!!!!thank God!!!
July 24, 2009 - Air 21 texted me that my Visa is on the way
July 25, 2009 - VISA ON HAND!!yahhooo!!!
Aug 03, 2009 - Flying to Florida to be with my honey!(^_^)
(flight delayed at Beijing due to bad weather)
Aug 04, 2009 - Arrived at Tampa International Airport
Aug 18, 2009 - Applied SSN in my maiden name
Aug 25, 2009 - Got my SSN by mail
Sep 01, 2009 - Got married at the Court House
Sep 20, 2009 - Wedding celebration @ Sand Key Park
(my family came over here in Florida for a week long vacation)


Adjustment of Status

Oct 16, 2009 - sent DS 3025 to Dr. Arnolds
Oct 23. 2009 - got the sealed envelop by mail
Nov. 11, 2009 - sent AOS packet via fedex
Nov. 13, 2009 -AOS packet arrived at USCIS
Nov. 27,2009 - NOA for AP and EAD received (16 days)
Dec. 04,2009 - received biometric schedule ( 23 days)
Ddec 11, 2009-received RFE ( repeat medical)
Dec. 17, 2009 - biometric schedule (36 days)
Dec. 30,2009 - sent RFE
Jan. 21, 2010 - received my Advance Parole
Jan .28,2010 - received my Employment Authorization
Feb. 25,2010 - GREEN CARD RECEIVED!THANKS BE TO GOD!


#62 MrkGrismer

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Posted 07 August 2009 - 01:31 PM

QUOTE (bardge24 @ Aug 7 2009, 12:44 AM) <{POST_SNAPBACK}>
Hi guys, she did not call the Embassy though...maybe everything will be done here..like hiring an attorney or calling the USCIS..i dunno....anyway, hope everything will be ok soon...


She should be able adjust status now based on her petition's automatic conversion to an I-360. She will need to at least send a copy of the death certificate and a letter explaining what happened along with her I-485 to adjust status. An experienced immigration attorney could be useful in helping her to write the letter.

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http://www.uscis.gov...0004718190aRCRD
 

Medical Exams – A caller explained that the civil surgeon who completed the medical exam used the wrong form and then wanted to charge an indigent refugee to reprocess the paperwork on the correct form. What recourse does an applicant have if this occurs?

USCIS Response: Customers should notify the Director of their local office when they have a complaint about a civil surgeon.


#63 rbacon

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Posted 07 August 2009 - 04:02 PM



While I agree with Mark's post below that the young lady should be able to get the conversion paperwork in process, I question the need for an "experienced immigration attorney helping her to write a letter." While it is probably a good idea for her to hire a legal professional who understands this procedure to nurse it through USCIS, I hope she gets more legal support than having some guy with an attorney Bar card simply write a letter.

In California there is a surplus of attorneys, and real competiton for legal work. Many of these recent (and not so recent) guys who call themselves attorneys (because they passed the Bar test, sometimes after taking it 3 or more times), have very little practical expereince in the legal world, much less with specialized immigration procedures. I've done consulting work for several attorneys who knew very little about immigration procedures and were honest enough to admit it.

The best credentials you can get from an immigration attorney is that he formerly worked for USCIS for a reasonably impressive period of time, is a member of the AILA (American Immigration Lawyer's Association), and is honest about the risks of starting an immigration procedure which is eventually based on USCIS discretionary approval.

--Ray B



QUOTE (MrkGrismer @ Aug 7 2009, 08:31 AM) <{POST_SNAPBACK}>
She should be able adjust status now based on her petition's automatic conversion to an I-360. She will need to at least send a copy of the death certificate and a letter explaining what happened along with her I-485 to adjust status. An experienced immigration attorney could be useful in helping her to write the letter.



#64 MrkGrismer

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Posted 07 August 2009 - 06:34 PM

QUOTE (rbacon @ Aug 7 2009, 12:02 PM) <{POST_SNAPBACK}>
While I agree with Mark's post below that the young lady should be able to get the conversion paperwork in process, I question the need for an "experienced immigration attorney helping her to write a letter." While it is probably a good idea for her to hire a legal professional who understands this procedure to nurse it through USCIS, I hope she gets more legal support than having some guy with an attorney Bar card simply write a letter.

In California there is a surplus of attorneys, and real competiton for legal work. Many of these recent (and not so recent) guys who call themselves attorneys (because they passed the Bar test, sometimes after taking it 3 or more times), have very little practical expereince in the legal world, much less with specialized immigration procedures. I've done consulting work for several attorneys who knew very little about immigration procedures and were honest enough to admit it.

The best credentials you can get from an immigration attorney is that he formerly worked for USCIS for a reasonably impressive period of time, is a member of the AILA (American Immigration Lawyer's Association), and is honest about the risks of starting an immigration procedure which is eventually based on USCIS discretionary approval.

--Ray B


That is why I emphasized experienced immigration attorney. I also said such an attorney could be useful, but I don't know if one would be necessary. It depends on how much research she is willing to do and how good she is at writing such letters.


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http://www.uscis.gov...0004718190aRCRD
 

Medical Exams – A caller explained that the civil surgeon who completed the medical exam used the wrong form and then wanted to charge an indigent refugee to reprocess the paperwork on the correct form. What recourse does an applicant have if this occurs?

USCIS Response: Customers should notify the Director of their local office when they have a complaint about a civil surgeon.


#65 Ampalaya

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Posted 08 August 2009 - 04:47 AM

I still think she made a BIG mistake coming to the US on her K3 with a dead petitioner and she needs a lawyer BIGTIME.

I guess she can go TNT if all falls apart.

Edited by Ampalaya, 08 August 2009 - 04:50 AM.

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#66 MrkGrismer

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Posted 08 August 2009 - 05:00 PM

QUOTE (Ampalaya @ Aug 8 2009, 12:47 AM) <{POST_SNAPBACK}>
I still think she made a BIG mistake coming to the US on her K3 with a dead petitioner and she needs a lawyer BIGTIME.

I guess she can go TNT if all falls apart.


I don't know if I would automatically jump to the conclusion that she will go TNT if her adjustment is denied. Plus I think it is way premature to even be concenerned about that. She is the widow of a U.S. citizen that was married for over two years when the U.S. citizen died. The only difficulty with her case is the timing of when it occurred. She has done nothing illegal and her adjustment of status should pretty much be pro forma. It is less 'iffy' then someone that gets married on a tourist visa, as there a basic presumption that the marriage is valid after two years, as opposed to adjustments based on a marriage of less then two years.

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http://www.uscis.gov...0004718190aRCRD
 

Medical Exams – A caller explained that the civil surgeon who completed the medical exam used the wrong form and then wanted to charge an indigent refugee to reprocess the paperwork on the correct form. What recourse does an applicant have if this occurs?

USCIS Response: Customers should notify the Director of their local office when they have a complaint about a civil surgeon.


#67 rbacon

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Posted 08 August 2009 - 05:08 PM

Ampalaya,

I think it's premature for her to hire an attorney, unless she is unable to handle the basic steps for requesting a conversion of her I-130 to an I-360.

--Ray B

QUOTE (Ampalaya @ Aug 7 2009, 11:47 PM) <{POST_SNAPBACK}>
I still think she made a BIG mistake coming to the US on her K3 with a dead petitioner and she needs a lawyer BIGTIME.

I guess she can go TNT if all falls apart.



#68 Ampalaya

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Posted 08 August 2009 - 05:33 PM

QUOTE (MrkGrismer @ Aug 8 2009, 07:00 AM) <{POST_SNAPBACK}>
I don't know if I would automatically jump to the conclusion that she will go TNT if her adjustment is denied. Plus I think it is way premature to even be concenerned about that. She is the widow of a U.S. citizen that was married for over two years when the U.S. citizen died. The only difficulty with her case is the timing of when it occurred. She has done nothing illegal and her adjustment of status should pretty much be pro forma. It is less 'iffy' then someone that gets married on a tourist visa, as there a basic presumption that the marriage is valid after two years, as opposed to adjustments based on a marriage of less then two years.

What's her status at this time??
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#69 rbacon

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Posted 08 August 2009 - 05:53 PM


Ampalaya,

Was that a rhetorical question? We all know her current status is a two-year K3 visa with multi-reentry privileges. Her major problem, however, is that she can't adjust status to Permanent Resident until she gets recognition of if I-360 self-petition conversion.

In my opinion, she has no problemsome "issues" until she she attempts to get her I-130 conversion to an I-360 mode.

--Ray B

QUOTE (Ampalaya @ Aug 8 2009, 12:33 PM) <{POST_SNAPBACK}>
What's her status at this time??



#70 MrkGrismer

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Posted 09 August 2009 - 05:23 PM

QUOTE (Ampalaya @ Aug 8 2009, 01:33 PM) <{POST_SNAPBACK}>
What's her status at this time??


As Ray said, K-3.

QUOTE (rbacon @ Aug 8 2009, 01:53 PM) <{POST_SNAPBACK}>
In my opinion, she has no problemsome "issues" until she she attempts to get her I-130 conversion to an I-360 mode.


I would be surprised if she would even have any problems with that. As far as I can tell, process-wise it is the same as if the husband had died within a week or so after she got here instead of within a week or so before she left. It is an automatic conversion by statute, there is no descretion to that part. There is descretion on the Adjustment of Status itself, but I don't really see the timing as adding that much of a negative to the decision process.

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Medical Exams – A caller explained that the civil surgeon who completed the medical exam used the wrong form and then wanted to charge an indigent refugee to reprocess the paperwork on the correct form. What recourse does an applicant have if this occurs?

USCIS Response: Customers should notify the Director of their local office when they have a complaint about a civil surgeon.


#71 Ampalaya

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Posted 09 August 2009 - 06:24 PM

QUOTE (MrkGrismer @ Aug 9 2009, 07:23 AM) <{POST_SNAPBACK}>
As Ray said, K-3.



I would be surprised if she would even have any problems with that. As far as I can tell, process-wise it is the same as if the husband had died within a week or so after she got here instead of within a week or so before she left. It is an automatic conversion by statute, there is no descretion to that part. There is descretion on the Adjustment of Status itself, but I don't really see the timing as adding that much of a negative to the decision process.


Hopefully she can get another sponsor/co sponsor and all goes smoothly.

She also has to deal with the CRBA. Is that affected by the death of the father?
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#72 MrkGrismer

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Posted 10 August 2009 - 01:01 PM

QUOTE (Ampalaya @ Aug 9 2009, 02:24 PM) <{POST_SNAPBACK}>
Hopefully she can get another sponsor/co sponsor and all goes smoothly.

She also has to deal with the CRBA. Is that affected by the death of the father?


Widow's don't need a sponsor, and from what I can tell from the above quoted final rule the automatic conversion to I-360 gets rid of the need for a substituted sponsor. Although personally I think she would probably be well served by finding a substite sponsor 'just in case', if she needs one USCIS will send an RFE for that.

The biggest problem with the CRBA is that there is difficulties (for lack of a better word) now in obtaining anything new from the father. The CRBA is a process that is very reliant on the co-operation of the U.S. citizen. However, it is probably not insurmountable by any means and will probably rely heavily on proofs of legitimacy. Since her marriage is over 2 years old that will probably help considerably, depending on the age of the child (the younger the better). Note, however, that a CRBA may not be necessary if the child came to the U.S. with her, as the child 'automacally' becomes a U.S. citizen when admitted to the U.S. for permanent residence (this would mean after adjustment of status in this case). If she brought the child on a K-4 visa they should both be able to adjust status at the same time because when her I-130 automatically converts to an I-360 this also allows for the child to be considered a 'derivitive' under the I-360. So a new I-130 would not be needed for the child to adjust. This is effectively the same process your daughter went through when you adopted her; minus that 2-year custody stuff.

See: http://www.uscis.gov...00045f3d6a1RCRD

Excerps (edited for applicability, non-applicable stuff removed):

QUOTE
1) Does my child qualify for automatic citizenship under the CCA?
Under CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:
  • At least one ... parent is a U.S. citizen,
  • The child is under 18 years of age,
  • The child is admitted to the United States as an immigrant


2) Do I have to apply to USCIS for my child's citizenship?
No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child’s citizenship status is no longer dependent on USCIS approving a naturalization application.


Edit: Note, however, that because the OP mentioned that the subject's visa was delayed for the CRBA I would think the CRBA has already been done, and the child already has a U.S. Passport.

Edited by MrkGrismer, 10 August 2009 - 01:03 PM.

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Medical Exams – A caller explained that the civil surgeon who completed the medical exam used the wrong form and then wanted to charge an indigent refugee to reprocess the paperwork on the correct form. What recourse does an applicant have if this occurs?

USCIS Response: Customers should notify the Director of their local office when they have a complaint about a civil surgeon.


#73 Ampalaya

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Posted 10 August 2009 - 06:02 PM

QUOTE (MrkGrismer @ Aug 10 2009, 03:01 AM) <{POST_SNAPBACK}>
Widow's don't need a sponsor, and from what I can tell from the above quoted final rule the automatic conversion to I-360 gets rid of the need for a substituted sponsor. Although personally I think she would probably be well served by finding a substite sponsor 'just in case', if she needs one USCIS will send an RFE for that.

The biggest problem with the CRBA is that there is difficulties (for lack of a better word) now in obtaining anything new from the father. The CRBA is a process that is very reliant on the co-operation of the U.S. citizen. However, it is probably not insurmountable by any means and will probably rely heavily on proofs of legitimacy. Since her marriage is over 2 years old that will probably help considerably, depending on the age of the child (the younger the better). Note, however, that a CRBA may not be necessary if the child came to the U.S. with her, as the child 'automacally' becomes a U.S. citizen when admitted to the U.S. for permanent residence (this would mean after adjustment of status in this case). If she brought the child on a K-4 visa they should both be able to adjust status at the same time because when her I-130 automatically converts to an I-360 this also allows for the child to be considered a 'derivitive' under the I-360. So a new I-130 would not be needed for the child to adjust. This is effectively the same process your daughter went through when you adopted her; minus that 2-year custody stuff.

See: http://www.uscis.gov...00045f3d6a1RCRD

Excerps (edited for applicability, non-applicable stuff removed):



Edit: Note, however, that because the OP mentioned that the subject's visa was delayed for the CRBA I would think the CRBA has already been done, and the child already has a U.S. Passport.

To confusing, to many variables and lack of info from the OP for me.
I wish her luck.
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