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


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#1 bardge24

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Posted 12 July 2009 - 05:51 AM

Hi there guys...

This story is not like most of us that ends in happy ending....my friend who is under K3 was petitioned by her sick and dieng husband...they were married for 2 years and 1 month with 1 son.she was interviewed already last june,but wasnt approved yet bec she lacks the CRBA of her son. Last wk, monday she sent it to USEM, but then here comes the heart breaking and most shocking news....her husband died last thurday...Until now she's waiting for her VISA, actually she doesnt know if she's approved already or not bec. the Consul didnt tell her exactly. They just told her to submit CRBA, so she did.

Pls. help..i want to help my friend..she's devastated...depressed.. she wasnt even able to hold her dieng husband before he died...Now, we dont know if she's still qualified to go to US if her Visa is on the way (we hope so) even if her husband died already...or what actions she can take so she can be able to go to US and see even just the wake of her husband...This is the least thing i could do for my friend...everyday i call her and she's always crying....crying and crying...i dont know what to say to her..i cant find the right words to say...i just want to embrace her and give her my shoulders...please help...Btw, her husband lives in Florida.Anyone from Florida here?:-(

Edited by bardge24, 12 July 2009 - 05:53 AM.

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!


#2 fe

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Posted 12 July 2009 - 01:48 PM

Hi bardge24, please read this article in asianjournal about your friend's case: http://www.asianjour.....Y_sec2p 7.pdf

"If the petitioner dies after the Immigrant Visa Petition has been approved, but before the beneficiary is able to immigrate to the US, the death of the petitioner results in the automatic revocation of the Immigrant Visa Petition. The Immigration Service may reinstate the revoked Immigrant Visa Petition for humanitarian reasons (commonly called Humanitarian Reinstatement). Humanitarian Reinstatement requires the beneficiary to establish that it would be inappropriate to revoke the application due to certain humanitarian factors. These factors include family ties in the US and whether there was a special relationship between the petitioner and the beneficiary; health factors including any health concerns relating to the beneficiary's family; financial or educational factors; and any other special factors that should be considered. Some of these special factors the Immigration Service may consider include the length of time the beneficiary spent waiting for the visa to become current or any special need for the beneficiary in the US like caring for other relatives. It is in the Immigration Service's discretion to grant Humanitarian Reinstatement, there are several procedural requirements that must be followed in every case. First, a family visa petition may only be reinstated if the visa petition has already been approved. Additionally, the beneficiary must file a written request and attach the appropriate supporting documentation. There is no filing fee, but the request must include, among other things, a comprehensive declaration and supporting documentation.

Widows and widowers have additional legal rights outside of the humanitarian reinstatement or the Freeman case. A statute allows widows or widowers, who were married two or more years to a US citizen, to file a self-petition. The self-petition must be filed within two years from the death of their US citizen spouse. The death of a petitioner may destroy the chances of family members to immigrate to the US or if they are in the US to become US permanent residents. For many families the consequences of a petitioner's death can be tragic and complicated. Although a petitioner's death may trigger the denial or automatic revocation of an immigrant visa petition, important exceptions may apply. In instances where a petitioner has passed away, it is crucial that the family members ascertain whether they are still eligible to immigrate"


By the way, I'm in Florida. Where in Florida did her husband live? Wish her and her kid the best. Sorry for her loss...

QUOTE (bardge24 @ Jul 12 2009, 01:51 AM) <{POST_SNAPBACK}>
Hi there guys...

This story is not like most of us that ends in happy ending....my friend who is under K3 was petitioned by her sick and dieng husband...they were married for 2 years and 1 month with 1 son.she was interviewed already last june,but wasnt approved yet bec she lacks the CRBA of her son. Last wk, monday she sent it to USEM, but then here comes the heart breaking and most shocking news....her husband died last thurday...Until now she's waiting for her VISA, actually she doesnt know if she's approved already or not bec. the Consul didnt tell her exactly. They just told her to submit CRBA, so she did.

Pls. help..i want to help my friend..she's devastated...depressed.. she wasnt even able to hold her dieng husband before he died...Now, we dont know if she's still qualified to go to US if her Visa is on the way (we hope so) even if her husband died already...or what actions she can take so she can be able to go to US and see even just the wake of her husband...This is the least thing i could do for my friend...everyday i call her and she's always crying....crying and crying...i dont know what to say to her..i cant find the right words to say...i just want to embrace her and give her my shoulders...please help...Btw, her husband lives in Florida.Anyone from Florida here?:-(

Edited by fe, 13 July 2009 - 04:43 PM.

Naturalization Time line
03-23-2010 Mailed N-400 to Texas Facility Lock Box
04-05-2010 Received Notice of Receipt (03-29-2010)
05-03-2010 Received Biometrics Schedule (05-24-2010)
05-04-2010 Biometrics done (Walked-in)
05-10-2010 Received Notice of Interview
06-10-2010 Interview Schedule (Passed the tests)
06-25-2010 Received Notice of Oath Ceremony
07-22-2010 Oath Ceremony (Naturalization Certificate on hand)
07-24-2010 Applied for U.S. Passport in our local Courthouse
08-12-2010 Received U.S. Passport

#3 Little Mermaid

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Posted 12 July 2009 - 08:24 PM

Where in Florida?
Life is too short to be anything but happy


Oh Yeah its ME

#4 rbacon

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Posted 13 July 2009 - 03:21 AM

Since the marriage was more than two years, she can self-petition as a widow, using I-360.

--Ray B

quote name='bardge24' date='Jul 12 2009, 12:51 AM' post='217966']
Hi there guys...

This story is not like most of us that ends in happy ending....my friend who is under K3 was petitioned by her sick and dieng husband...they were married for 2 years and 1 month with 1 son.she was interviewed already last june,but wasnt approved yet bec she lacks the CRBA of her son. Last wk, monday she sent it to USEM, but then here comes the heart breaking and most shocking news....her husband died last thurday...Until now she's waiting for her VISA, actually she doesnt know if she's approved already or not bec. the Consul didnt tell her exactly. They just told her to submit CRBA, so she did.

Pls. help..i want to help my friend..she's devastated...depressed.. she wasnt even able to hold her dieng husband before he died...Now, we dont know if she's still qualified to go to US if her Visa is on the way (we hope so) even if her husband died already...or what actions she can take so she can be able to go to US and see even just the wake of her husband...This is the least thing i could do for my friend...everyday i call her and she's always crying....crying and crying...i dont know what to say to her..i cant find the right words to say...i just want to embrace her and give her my shoulders...please help...Btw, her husband lives in Florida.Anyone from Florida here?:-(
[/quote]


#5 bardge24

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Posted 13 July 2009 - 04:47 PM

QUOTE (rbacon @ Jul 13 2009, 03:21 AM) <{POST_SNAPBACK}>
Since the marriage was more than two years, she can self-petition as a widow, using I-360.

--Ray B

quote name='bardge24' date='Jul 12 2009, 12:51 AM' post='217966']
Hi there guys...

This story is not like most of us that ends in happy ending....my friend who is under K3 was petitioned by her sick and dieng husband...they were married for 2 years and 1 month with 1 son.she was interviewed already last june,but wasnt approved yet bec she lacks the CRBA of her son. Last wk, monday she sent it to USEM, but then here comes the heart breaking and most shocking news....her husband died last thurday...Until now she's waiting for her VISA, actually she doesnt know if she's approved already or not bec. the Consul didnt tell her exactly. They just told her to submit CRBA, so she did.

Pls. help..i want to help my friend..she's devastated...depressed.. she wasnt even able to hold her dieng husband before he died...Now, we dont know if she's still qualified to go to US if her Visa is on the way (we hope so) even if her husband died already...or what actions she can take so she can be able to go to US and see even just the wake of her husband...This is the least thing i could do for my friend...everyday i call her and she's always crying....crying and crying...i dont know what to say to her..i cant find the right words to say...i just want to embrace her and give her my shoulders...please help...Btw, her husband lives in Florida.Anyone from Florida here?:-(



tnx a lot guys for all your responses...btw, her husband lives in Gainesville
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!


#6 bardge24

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Posted 23 July 2009 - 02:48 PM

GUys urgent reply pls!!!!

My friend just got her Visa yesterday!!!!we were so happy but at the same time sad bec we're confused...she doesnt know if she still have to declare at the PDOS forms that her husband is dead already.....she's worried that they might ask her at the POE about her husband....what???what???what does she need to do????????she's worried that if she informed the USEM, they might revoke her VIsa and she cannot attend her husband's necrological service on July 30....some piece of advice pls!
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!


#7 Ampalaya

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Posted 23 July 2009 - 07:20 PM

QUOTE (bardge24 @ Jul 23 2009, 04:48 AM) <{POST_SNAPBACK}>
GUys urgent reply pls!!!!

My friend just got her Visa yesterday!!!!we were so happy but at the same time sad bec we're confused...she doesnt know if she still have to declare at the PDOS forms that her husband is dead already.....she's worried that they might ask her at the POE about her husband....what???what???what does she need to do????????she's worried that if she informed the USEM, they might revoke her VIsa and she cannot attend her husband's necrological service on July 30....some piece of advice pls!

She is "walking on thin ice".
An applicant who engages in any kind of fraud or misrepresentation in connection with a visa application risks being barred permanently from entering the United States. Being untruthful or concealing relevant facts during your visa application may result in her ineligibility for a visa.

If she wants to take the chance of being barred from EVER entering the US LEGALLY to go to her ex hubbies funeral there's no problem.
She needs to get started on a self petition and forget about attending the funeral July 30.
What about the baby and the CRBA?
I guess she can go TNT after she gets here. Baby isn't going tho unless it has US Citizenship.
If she doesn't have the money to self petition. Tell her to see if her inlaws will help out.

Edited by Ampalaya, 23 July 2009 - 07:23 PM.

Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
All PAU!
Been there! Did it all!

#8 MrkGrismer

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Posted 23 July 2009 - 08:17 PM

QUOTE (bardge24 @ Jul 23 2009, 10:48 AM) <{POST_SNAPBACK}>
GUys urgent reply pls!!!!

My friend just got her Visa yesterday!!!!we were so happy but at the same time sad bec we're confused...she doesnt know if she still have to declare at the PDOS forms that her husband is dead already.....she's worried that they might ask her at the POE about her husband....what???what???what does she need to do????????she's worried that if she informed the USEM, they might revoke her VIsa and she cannot attend her husband's necrological service on July 30....some piece of advice pls!


I'm not sure what they would say in the PDOS.

But as for her visa, it shouldn't be an issue. She may want to start filling out an I-360 just in case. I believe she will need it in order to adjust status. I am assuming that she got a K-3 visa.

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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.


#9 Ampalaya

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Posted 23 July 2009 - 10:58 PM

QUOTE (MrkGrismer @ Jul 23 2009, 10:17 AM) <{POST_SNAPBACK}>
I'm not sure what they would say in the PDOS.

But as for her visa, it shouldn't be an issue. She may want to start filling out an I-360 just in case. I believe she will need it in order to adjust status. I am assuming that she got a K-3 visa.

But as for her visa, it shouldn't be an issue!!
HUH??? unsure.gif

K-3 status is automatically terminated 30 days after the denial or revocation of the visa holder's underlying I-130 petition or adjustment of status application,
or the divorce or death of the U.S. citizen petitioner spouse!

Edited by Ampalaya, 23 July 2009 - 11:07 PM.

Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
All PAU!
Been there! Did it all!

#10 MrkGrismer

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Posted 24 July 2009 - 02:02 PM

QUOTE (Ampalaya @ Jul 23 2009, 06:58 PM) <{POST_SNAPBACK}>
But as for her visa, it shouldn't be an issue!!
HUH??? :unsure:

K-3 status is automatically terminated 30 days after the denial or revocation of the visa holder's underlying I-130 petition or adjustment of status application,
or the divorce or death of the U.S. citizen petitioner spouse!


Since she is going to attend the funeral I assume that it is within 30 days of the husband's death (plus it is stated above that the Funeral is July 30). But her I-130 is supposed to automatically convert to an I-360. Although she may want to call USCIS to confirm, or to find out if she needs to file additional paperwork.

http://www.uscis.gov...;hash=0-0-0-597

QUOTE
(6) Substitute Sponsorship .

(A) For the primary intending immigrant, and accompanying family members .

If the visa petitioner dies before USCIS approves the visa petition, the statute does not permit anyone else to file the Form I-864.

If the visa petitioner dies after USCIS approves the visa petition, however, P.L. 107-150 provides discretion to permit the beneficiary to immigrate.

Under this provision, it is appropriate for USCIS to reinstate approval of the visa petition if the request to reinstate approval is supported by a properly completed Form I-864 signed by an eligible substitute sponsor (and by a joint sponsor, if necessary). The substitute sponsor must be the sponsored alien’s: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild or legal guardian. For more information regarding P.L. 107-150, see section 21.2(g)(1)© of this Field Manual.

Note that the final Affidavit of Support rule includes a special accommodation for the spouse of a citizen, if the citizen spouse has died. If, at the time of the citizen spouse’s death, the alien spouse qualifies as a surviving “widow(er)” under section 201(B)(2)(A)(i) of the Act, then 8 CFR 204.1(i)(1)(iv) “converts” the citizen spouse’s Form I-130 so that it will be deemed to be a widow(er)’s Form I-360. If the Form I-130 was approved before the citizen spouse died, it will be deemed to be an approved Form I-360. If it was still pending, it can be approved as a Form I-360. In either case, the alien spouse will no longer need to have a Form I-864, since he or she will be adjusting status as a widow(er).

If the citizen spouse and alien spouse had not been married for at least two years when the citizen spouse died, then this “conversion” option is not available and the alien spouse remains subject to the Affidavit of Support requirements. As with any other Form I-130, if USCIS approved the Form I-130 before the citizen spouse’s death, USCIS has discretion to reinstate the approval if there is a qualified substitute sponsor.

Edited by MrkGrismer, 24 July 2009 - 06:59 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.


#11 Ampalaya

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Posted 24 July 2009 - 06:11 PM

QUOTE (MrkGrismer @ Jul 24 2009, 04:02 AM) <{POST_SNAPBACK}>
Since she is going to attend the funeral I assume that it is within 30 days of the husband's death (plus it is stated above that the Funeral is July 30). But her I-130 is supposed to automatically convert to an I-360. Although she may want to call USCIS to confirm, or to find out if she needs to file additional paperwork.

http://www.uscis.gov...;hash=0-0-0-597

Problem is she is a K3 nonimmigrant. I doubt if her Visa is a CR-1. Petitioner may not have continued with the I-130.
The other problem would be getting another sponsor.

She definitely needs a lawyer.
Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
All PAU!
Been there! Did it all!

#12 MrkGrismer

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Posted 24 July 2009 - 06:59 PM

QUOTE (Ampalaya @ Jul 24 2009, 02:11 PM) <{POST_SNAPBACK}>
Problem is she is a K3 nonimmigrant. I doubt if her Visa is a CR-1. Petitioner may not have continued with the I-130.
The other problem would be getting another sponsor.

She definitely needs a lawyer.


You can't get a K-3 without filing an I-130. A K-3 is so that the beneficiary may travel to the U.S. to be with the spouse while the I-130 is being processed. Getting the K-3 does not cancel the I-130, although it appears that recent policy may stop processing on it once the K-3 has been issued, and an I-824 may need to be filed. But it shouldn't be necessary and the I-824 makes no mention of using it to continue processing of the CR-1/IR-1.

I can find no source that states that issuance of a K-3 cancels, terminates, pauses, nor does anything similar to the I-130 for CR-1/IR-1.

She does not need another sponsor, see what I quoted above in red.

Edited by MrkGrismer, 24 July 2009 - 07:02 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.


#13 Ampalaya

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Posted 24 July 2009 - 07:36 PM

QUOTE (MrkGrismer @ Jul 24 2009, 08:59 AM) <{POST_SNAPBACK}>
You can't get a K-3 without filing an I-130. A K-3 is so that the beneficiary may travel to the U.S. to be with the spouse while the I-130 is being processed. Getting the K-3 does not cancel the I-130, although it appears that recent policy may stop processing on it once the K-3 has been issued, and an I-824 may need to be filed. But it shouldn't be necessary and the I-824 makes no mention of using it to continue processing of the CR-1/IR-1.

I can find no source that states that issuance of a K-3 cancels, terminates, pauses, nor does anything similar to the I-130 for CR-1/IR-1.

She does not need another sponsor, see what I quoted above in red.


Mark if a person doesn't continue with the I-130 process at NVC [Like paying the fees] and chooses to go with the K3 then the CR-1 won't be processed. Been there! Done that myself.
What you have in red is for a I-130 [CR-1][IR-1] NOT the K3.
They are COMPLETEly different visas.
I-130 petitioners submit a I-864 at the NVC stage.

Edited by Ampalaya, 24 July 2009 - 07:40 PM.

Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
All PAU!
Been there! Did it all!

#14 MrkGrismer

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Posted 24 July 2009 - 08:33 PM

QUOTE (Ampalaya @ Jul 24 2009, 03:36 PM) <{POST_SNAPBACK}>
Mark if a person doesn't continue with the I-130 process at NVC [Like paying the fees] and chooses to go with the K3 then the CR-1 won't be processed. Been there! Done that myself.
What you have in red is for a I-130 [CR-1][IR-1] NOT the K3.
They are COMPLETEly different visas.
I-130 petitioners submit a I-864 at the NVC stage.


If the I-130 is cancelled or stopped before the K-3 is issued, the K-3 cannot legally be issued because it can only be issued based on an underlying I-130 that is in process. Failure to follow through with the underlying I-130 petition for IR could be considered fraud (although unlikely). From what I understand failure to pay the I-864 fee does not withdraw the petition, to do so the petitioner must write a letter to NVC. Failure to pay just puts the petition in limbo until the fee is paid. As far as I can tell USCIS/NVC has infinite patience on that. If there is a deadline to pay or else the petition is cancelled I can find no reference to it. If the petition would be denied because of non-payment then the K-3 would be void anyways (see below).

Note the requirements for a K-3 visa:

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

QUOTE
What are the requirements for obtaining a K-3 or a K-4 visa?
A person may be eligible for a K-3 visa if that person:
  • Has concluded a valid marriage with a U.S. citizen;
  • Is the beneficiary of a relative petition (Form I-130) filed by the U.S. citizen spouse;
  • Seeks to enter the United States to await the approval of the I-130 petition and the availability of an immigrant visa.


Note also:

QUOTE
Under what circumstances does a K-3 visa holder’s authorized stay automatically expire?
A K-3 visa holder's authorized stay automatically will expire 30 days after any of the following events:
  • USCIS denies the I-130 visa petition filed by the U.S. citizen petitioner on the K-3 visa holder’s behalf; or
  • USCIS denies an adjustment-of-status application filed by the K visa holder; or
  • If for some reason the K-3 visa holder decides to apply for an immigrant visa at the appropriate U.S. consulate abroad and the consulate denies the immigrant visa application; or
  • Divorce of the K-3 spouse from the U.S. citizen petitioner.


Note that death of the spouse is not one of the circumstances. However, denial of the I-130 is.

See also: http://www.uscis.gov...008_04D6101.pdf

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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.


#15 Ampalaya

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Posted 24 July 2009 - 09:07 PM

Seeks to enter the United States to await the approval of the I-130 petition and the availability of an immigrant visa.

Mark you are missing it!

You cannot get a CR-1 if you don't complete the NVC process. LOTS don't because it cost something like $470. They just {as I did} let the I-130 expire at NVC and went with the K3.
I imagine the OPs friend "may" have done so also. She doesn't have a chance of getting a CR-1.

Hopefully I'm wrong but she doesn't have much chance staying in the US legally with a K3.

You and I or anyone on this site obviously don't know enough about her problem and she should get a qualified lawyer.

Edited by Ampalaya, 24 July 2009 - 09:08 PM.

Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
All PAU!
Been there! Did it all!

#16 MrkGrismer

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Posted 24 July 2009 - 09:12 PM

QUOTE (Ampalaya @ Jul 24 2009, 05:07 PM) <{POST_SNAPBACK}>
Seeks to enter the United States to await the approval of the I-130 petition and the availability of an immigrant visa.

Mark you are missing it!

You cannot get a CR-1 if you don't complete the NVC process. LOTS don't because it cost something like $470. They just {as I did} let the I-130 expire at NVC.
I imagine the OPs friend "may" have done so also. She doesn't have a chance of getting a CR-1.

Hopefully I'm wrong but she doesn't have much chance staying in the US legally with a K3.

You and I obviously don't know enough about her problem and should get a qualified lawyer.


I agree she should probably seek the services of an attorney, although she may do so once she is in the U.S. either way her K-3 is good for a minimum of 30 days.

But what I am saying here is that unless the petitioner specifically withdraws the I-130, it is still considered in process. I don't think there is an actual "expiration date", although I could be wrong on that. Probably the worst case for her is that she will have to send an I-360 along with her I-485 package. She may also need a substitute or new sponsor for the adjustment of status.

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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.


#17 Ampalaya

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Posted 24 July 2009 - 09:33 PM

QUOTE (MrkGrismer @ Jul 24 2009, 11:12 AM) <{POST_SNAPBACK}>
I agree she should probably seek the services of an attorney, although she may do so once she is in the U.S. either way her K-3 is good for a minimum of 30 days.

But what I am saying here is that unless the petitioner specifically withdraws the I-130, it is still considered in process. I don't think there is an actual "expiration date", although I could be wrong on that. Probably the worst case for her is that she will have to send an I-360 along with her I-485 package. She may also need a substitute or new sponsor for the adjustment of status.

If a petitioner doesn't respond or submit additional evidence the I-130 at NVC expires in one year.

With the petitioner passed on there wouldn't be any way to complete the NVC process.

Lawyer is her best choice. There has recently been some K people in the news who are fighting being deported because their spouse died before they could adjust status.
Another advantage for going with a CR-1/IR-1.

Edited by Ampalaya, 24 July 2009 - 09:33 PM.

Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
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#18 MrkGrismer

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Posted 24 July 2009 - 09:55 PM

QUOTE (Ampalaya @ Jul 24 2009, 05:33 PM) <{POST_SNAPBACK}>
If a petitioner doesn't respond or submit additional evidence the I-130 at NVC expires in one year.

With the petitioner passed on there wouldn't be any way to complete the NVC process.

Lawyer is her best choice. There has recently been some K people in the news who are fighting being deported because their spouse died before they could adjust status.
Another advantage for going with a CR-1/IR-1.


When your wife adjusted status did you have to submit a new I-130? Or did you just use the Receipt for the CR-1 that you used for the K-3?

The K people in the news are fighting deportation because their marriages were less then 2 years old when their spouse died. It is a different situation. She qualifies to adjust based on an I-360 as a qualifying (marriage of 2 years or more) widow of a U.S. citizen. But she will (upon further review of the information) most likely need a new sponsor for the adjustment, as I believe what I put in red above might only apply to those that have already started adjustment when the spouse/sponsor dies.

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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.


#19 bardge24

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Posted 25 July 2009 - 01:41 AM

QUOTE (MrkGrismer @ Jul 24 2009, 09:55 PM) <{POST_SNAPBACK}>
When your wife adjusted status did you have to submit a new I-130? Or did you just use the Receipt for the CR-1 that you used for the K-3?

The K people in the news are fighting deportation because their marriages were less then 2 years old when their spouse died. It is a different situation. She qualifies to adjust based on an I-360 as a qualifying (marriage of 2 years or more) widow of a U.S. citizen. But she will (upon further review of the information) most likely need a new sponsor for the adjustment, as I believe what I put in red above might only apply to those that have already started adjustment when the spouse/sponsor dies.




blink.gif ..........whoaaa!!!!!im scratching my headdd!!!!!!Lolz!!!!this is really a very complicated thing!!!!yesterday my friend completed the PDOS and CFO seminar...still confused with so many concerns like she might be send A to A ( airport to airport) at the POE.huhuuhh...just alil paranoid... sad.gif
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!


#20 Ampalaya

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Posted 25 July 2009 - 01:51 AM

The immediate question that comes to me is if her K3 is still valid for 2 years of rentry when the petioner is dead.
Can she legally use it to go to her exhubbys funeral?

She should call the embassy and try and find out. She may be subject to punishment [like being banned] if she uses the visa for other than reuniting with her hubby. I DON'T KNOW.
Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
All PAU!
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