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=0-0-0-597QUOTE
(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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