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