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


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#21 bardge24

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Posted 25 July 2009 - 01:58 AM

QUOTE (Ampalaya @ Jul 25 2009, 01:51 AM) <{POST_SNAPBACK}>
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.


You hit it Ampalaya!but the problem is, she's afraid to call the USEM bec they might revoke her Visa or wont allow her to go and that means she wont be able to see her husbands wake... 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!


#22 Ampalaya

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Posted 25 July 2009 - 02:29 AM

QUOTE (bardge24 @ Jul 24 2009, 03:58 PM) <{POST_SNAPBACK}>
You hit it Ampalaya!but the problem is, she's afraid to call the USEM bec they might revoke her Visa or wont allow her to go and that means she wont be able to see her husbands wake... sad.gif

My concern would be the future of the child. I'm sure the hubby would want the best for it and if missing the funeral may jeopardize such he wouldn't "roll over in his grave".

If she still wants to immigrate with the child then she should be sure she doesn't do something that may destroy her chances.
Does she want to immigrate?

Hopefully her parents in laws and family will help.
If the will they should contact a GOOD immigration lawyer ASAP.
Especially before she goes to the US.

Here's some more info. All of this is WAY above my knowledge of immigration and she should get her in laws involved ASAP.
Ray Bacon is the only person on this forum that "may" know what has to be done.

http://www.cpvisa.co...instatement.pdf

As you can see there is a LOT to be done.

Edited by Ampalaya, 25 July 2009 - 02:32 AM.

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

#23 bardge24

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Posted 25 July 2009 - 02:52 AM

QUOTE (Ampalaya @ Jul 25 2009, 02:29 AM) <{POST_SNAPBACK}>
My concern would be the future of the child. I'm sure the hubby would want the best for it and if missing the funeral may jeopardize such he wouldn't "roll over in his grave".

If she still wants to immigrate with the child then she should be sure she doesn't do something that may destroy her chances.
Does she want to immigrate?

Hopefully her parents in laws and family will help.
If the will they should contact a GOOD immigration lawyer ASAP.
Especially before she goes to the US.

Here's some more info. All of this is WAY above my knowledge of immigration and she should get her in laws involved ASAP.
Ray Bacon is the only person on this forum that "may" know what has to be done.

http://www.cpvisa.co...instatement.pdf

As you can see there is a LOT to be done.



tnx so much ampalaya...yes she wishes to imigrate...i hope she gets a GOOD lawyer in her case...another problem is that, as of this moment, she's struggling for financial support like getting airline tickets and some travel expenses..i dont know if she have contacted her in laws yet...what i know is just the bestfriend of his husband that she gets to contact to regularly.
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!


#24 Ampalaya

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Posted 25 July 2009 - 03:18 AM

QUOTE (bardge24 @ Jul 24 2009, 04:52 PM) <{POST_SNAPBACK}>
tnx so much ampalaya...yes she wishes to imigrate...i hope she gets a GOOD lawyer in her case...another problem is that, as of this moment, she's struggling for financial support like getting airline tickets and some travel expenses..i dont know if she have contacted her in laws yet...what i know is just the bestfriend of his husband that she gets to contact to regularly.

Before she goes anywhere she HAS to find out if her going to the US is "legal" using the K3 visa.
She probably wouldn't have any problems getting on the plane with the K3 visa but she may get denied entry at her point of entry if it isn't legal to use the K3 for other than reuniting with her hubby.
As I said: She "may" jeopardize her chances for her and the child.
How far along is the CRBA?
Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
All PAU!
Been there! Did it all!

#25 bardge24

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Posted 25 July 2009 - 03:20 AM

QUOTE (Ampalaya @ Jul 25 2009, 01:51 AM) <{POST_SNAPBACK}>
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.



you are right ampalaya... 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!


#26 Ampalaya

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Posted 25 July 2009 - 03:25 AM

Ckange to a better topic for a minute!!
July 24, 2009 - air 21 texted me that they received my docs from USEM and expect delivery soon!
to be continued...
WOW!

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

#27 bardge24

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Posted 25 July 2009 - 03:53 AM

QUOTE (Ampalaya @ Jul 25 2009, 03:25 AM) <{POST_SNAPBACK}>
Ckange to a better topic for a minute!!
July 24, 2009 - air 21 texted me that they received my docs from USEM and expect delivery soon!
to be continued...
WOW!



I called air21 and they said that they dont have delivery during sat and sun...so now im leaving home to pick it up on air21!yeeppeehh!!!!VISA ON HAND IN A FEW MINUTES!!!!!!!
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!


#28 MrkGrismer

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Posted 25 July 2009 - 05:22 PM

QUOTE (Ampalaya @ Jul 24 2009, 10:29 PM) <{POST_SNAPBACK}>
My concern would be the future of the child. I'm sure the hubby would want the best for it and if missing the funeral may jeopardize such he wouldn't "roll over in his grave".

If she still wants to immigrate with the child then she should be sure she doesn't do something that may destroy her chances.
Does she want to immigrate?

Hopefully her parents in laws and family will help.
If the will they should contact a GOOD immigration lawyer ASAP.
Especially before she goes to the US.

Here's some more info. All of this is WAY above my knowledge of immigration and she should get her in laws involved ASAP.
Ray Bacon is the only person on this forum that "may" know what has to be done.

http://www.cpvisa.co...instatement.pdf

As you can see there is a LOT to be done.


Good link, Jack, that actually clarifies things a lot:

QUOTE
Immigration law generally requires that the U.S. citizen or LPR initiate the petition for the intending immigrant. However, widows and widowers of U.S. citizens (and the children of widows and widowers) may file a self-petition if they were married for at least two years at the time of the citizen’s death and were not legally separated. See INA §§ 201(b)(2)(A)(i) and 204(a)(1)(A)(ii). The right to file a self-petition ends two years after the death of the U.S. citizen or when the surviving spouse remarries. INA § 201(b)(2)(A)(i). If the petitioner filed an I-130 for the spouse before dying, the petition will be treated as a properly filed self-petition, provided that they had been married for two years and were not legally separated before the death of the U.S. citizen spouse. Under new regulations at 8 C.F.R. §§ 204.2(i)(1)(iv) and 205.1(a)(3)(i)©(1). It also is noteworthy that derivative beneficiary status is accorded to the children of widows and widowers of U.S. citizens. See 8 C.F.R. § 204.2(b)(4).


The rest of the document is irrelevant here because we are talking about a case that is covered by the above in RED. Humanitarian reinstatement is for cases where the marriage has been less then two years.

I agree that contacting the embassy or another authoritative source is a good idea; but I am pretty sure that there is not a problem with using the K-3. Because the K-3's purpose is to travel to the U.S. to await the processing of the IR-1. According to the above and the Adjucator's Field Manual as well as the law the I-130 automatically (I assume paperwork needs to be filed, however) converts to an I-360, see: http://www.uscis.gov...ash=0-0-0-10711

QUOTE
§ Sec. 205.1 Automatic revocation. (Section revised 3/26/96; 61 FR 13061 )
(a) Reasons for automatic revocation. The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:
(1) If the Secretary of State shall terminate the registration of the beneficiary pursuant to the provisions of section 203(e) of the Act before October 1, 1991, or section 203(g) of the Act on or after October 1, 1994;
(2) If the filing fee and associated service charge are not paid within 14 days of the notification to the remitter that his or her check or other financial instrument used to pay the filing fee has been returned as not payable; or
(3) If any of the following circumstances occur before the beneficiary's or self-petitioner's journey to the United States commences or, if the beneficiary or self-petitioner is an applicant for adjustment of status to that of a permanent resident, before the decision on his or her adjustment application becomes final:
(i) Immediate relative and family-sponsored petitions, other than Amerasian petitions.
(A) Upon written notice of withdrawal filed by the petitioner or self-petitioner with any officer of the Service who is authorized to grant or deny petitions.
(B) Upon the death of the beneficiary or the self-petitioner.
© Upon the death of the petitioner, unless: (Revised effective 7/21/06; 71 FR 35732 )
( 1 ) The petition is deemed under 8 CFR 204.2(i)(1)(iv) to have been approved as a Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant under 8 CFR 204.2(b) ; or


http://www.uscis.gov...ash=0-0-0-10525

QUOTE
(iv) A currently valid visa petition previously approved to classify the beneficiary as an immediate relative as the spouse of a United States citizen must be regarded, upon the death of the petitioner, as having been approved as a Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant for classification under paragraph (b) of this section, if, on the date of the petitioner's death, the beneficiary satisfies the requirements of paragraph (b)(1) of this section. If the petitioner dies before the petition is approved, but, on the date of the petitioner's death, the beneficiary satisfies the requirements of paragraph (b)(1) of this section, then the petition shall be adjudicated as if it had been filed as a Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant under paragraph (b) of this section. (Added effective 7/21/06; 71 FR 35732 )


More:

http://www.uscis.gov...hash=0-0-0-3135

QUOTE
The final rule also adopts a special rule for cases in which the alien beneficiary was, before the petitioner's death, the spouse of a citizen. Under section 201(b)(2)(A)(i) of the Act, if an alien was married to a citizen for at least 2 years at the time of the citizen's death, the alien may file a petition on his or her own behalf, so long as the alien does so within 2 years of the citizen's death, and has not remarried. Section 212(a)(4)©(i)(I) of the Act, in turn, relieves that alien of the affidavit of support requirement, once USCIS approves the new petition. The final rule provides that it will not be necessary for the beneficiary to file a new petition (Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant) as the widow(er) of a citizen. Instead, the final rule provides for automatic conversion of the citizen's spousal Form I-130, Petition for Alien Relative, to a widow(er)'s petition upon the citizen's death if, on that date, the widow(er) meets the requirements of section 201(b)(2)(A )(I) of the Act as it relates to widow(er)'s petitions. This automatic conversion will apply whether the citizen spouse dies before or after approval of the Form I-130. Since the alien spouse will then immigrate as the widow(er) of a citizen, it will not be necessary to submit a Form I-864 from a substitute sponsor.


It is still the same 'case' so the k-3 should be valid to await the processing of the case.

What is also interesting about the I-360 conversion is that it appears that children are given derivitive benefits so seperate I-130s for the children should not be needed with the adjustment of status submission.

Again, she should probably contact the embassy to confirm that she is okay. She will be able to immigrate either way, it is just a question of whether she would have problem at the point-of-entry with the K-3. I don't think she would, but sometimes when a person is in a 'fuzzy area' of the visa laws it can very much depend what type of immigration/customs officer you get at the point-of-entry.

If you believe Modern Sporting Rifles have a legitimate use, please like, share and participate on: https://www.facebook...tamateSportsmen

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.


#29 Ampalaya

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Posted 25 July 2009 - 07:02 PM

Just to back up! She should get a lawyer or call the embassy. To many conflicking and not clear links.
Problem calling USEM is getting someone who knows what they are talking about.

What happens if the petitioner dies before the principal beneficiary has immigrated to the United States?

If the petitioner dies before the principal beneficiary has immigrated to the United States, the petition is automatically revoked pursuant to 8 CFR 205.1(a)(3). This means that the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the Department of Homeland Security (DHS). If there are compelling humanitarian circumstances, the consular officer may recommend that DHS reinstate the petition. Alternatively, the applicant may contact directly the DHS office that approved the petition to request that it be reinstated for humanitarian reasons. If DHS reinstates the petition, the Consulate will contact the applicant(s) soon thereafter.

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

#30 MrkGrismer

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Posted 26 July 2009 - 03:30 PM

QUOTE (Ampalaya @ Jul 25 2009, 03:02 PM) <{POST_SNAPBACK}>
Just to back up! She should get a lawyer or call the embassy. To many conflicking and not clear links.
Problem calling USEM is getting someone who knows what they are talking about.

What happens if the petitioner dies before the principal beneficiary has immigrated to the United States?

If the petitioner dies before the principal beneficiary has immigrated to the United States, the petition is automatically revoked pursuant to 8 CFR 205.1(a)(3). This means that the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the Department of Homeland Security (DHS). If there are compelling humanitarian circumstances, the consular officer may recommend that DHS reinstate the petition. Alternatively, the applicant may contact directly the DHS office that approved the petition to request that it be reinstated for humanitarian reasons. If DHS reinstates the petition, the Consulate will contact the applicant(s) soon thereafter.

http://ciudadjuarez....ov/hivfaqs.html


It is only revoked if the marriage is less then 2 years old. I have posted enough proofs of this above, I am not going to continue to do so. 8 CFR 205.1(a)(3) is quoted above, and contains an exception for marriages 2 years or older.

QUOTE
© Upon the death of the petitioner, unless: (Revised effective 7/21/06; 71 FR 35732 )
( 1 ) The petition is deemed under 8 CFR 204.2(i)(1)(iv) to have been approved as a Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant under 8 CFR 204.2(b) ; or


The embassy should be able to answer whether she can use the K-3 or not.

If you believe Modern Sporting Rifles have a legitimate use, please like, share and participate on: https://www.facebook...tamateSportsmen

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.


#31 Ampalaya

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Posted 26 July 2009 - 06:25 PM

QUOTE (MrkGrismer @ Jul 26 2009, 05:30 AM) <{POST_SNAPBACK}>
It is only revoked if the marriage is less then 2 years old. I have posted enough proofs of this above, I am not going to continue to do so. 8 CFR 205.1(a)(3) is quoted above, and contains an exception for marriages 2 years or older.



The embassy should be able to answer whether she can use the K-3 or not.

"I have posted enough proofs of this above, I am not going to continue to do so."

Excellent idea . Nothing personal but for me you post TO many links sometimes.
Need a experienced lawyer to interpret all of them.


"The embassy should be able to answer whether she can use the K-3 or not."
Now you are talking.

Edited by Ampalaya, 26 July 2009 - 06:45 PM.

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

#32 rbacon

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Posted 26 July 2009 - 09:20 PM

She has two choices:

1. File an I-360 as a widow of a U.S. citizen, with whom she was married more than two years;
2. Use the K3 visa to enter the U.S., then file the I-360.

The first option above is fairly predictable. The second option is risky, as it is not clear whether her visa is still valid, even though it was approved while her husband was still alive.

The only use an attorney would provide is to tell her not to use the K3, which probably wouldn't make any difference either way, but I wouldn't advise my wife to risk it.

--Ray B

QUOTE (bardge24 @ Jul 12 2009, 12:51 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?:-(



#33 Ampalaya

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Posted 26 July 2009 - 09:53 PM

"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"

Hopefully a DNA test isn't required?
Sounds like the lady will need a LOT of help with all that's involved continuing the immigration process and the CRBA

Edited by Ampalaya, 26 July 2009 - 09:59 PM.

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

#34 rbacon

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Posted 26 July 2009 - 10:54 PM

Ampalaya,

I can't agree that "a lot of help is needed," as she clearly meets the "petionable" status of spouse of a U.S. citizen for more than 2 years, and there is an NSO birth cert with paternity legitimatized by the father.

She just needs to work through each step at a time, seeking advise as it is needed, but not accepting just one person's advice without verifying its credibility.

--Ray B

QUOTE (Ampalaya @ Jul 26 2009, 04:53 PM) <{POST_SNAPBACK}>
"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"

Hopefully a DNA test isn't required?
Sounds like the lady will need a LOT of help with all that's involved continuing the immigration process and the CRBA



#35 bardge24

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Posted 26 July 2009 - 11:37 PM

QUOTE (rbacon @ Jul 26 2009, 10:20 PM) <{POST_SNAPBACK}>
She has two choices:

1. File an I-360 as a widow of a U.S. citizen, with whom she was married more than two years;
2. Use the K3 visa to enter the U.S., then file the I-360.

The first option above is fairly predictable. The second option is risky, as it is not clear whether her visa is still valid, even though it was approved while her husband was still alive.

The only use an attorney would provide is to tell her not to use the K3, which probably wouldn't make any difference either way, but I wouldn't advise my wife to risk it.

--Ray B


tnx so muhc rbacon...you guys are realy a big help...but my further questions are...

1. where will she file the I-360 if she will not use her K3 visa?
2. what initial actions she needs to do upon arrival in the US just in case she used her k3 visa?
3. is it punishable by law if she enters the US even her husband passed away already?
4. if she will do No.1, how long does the process usually takes?
5. how can she claim her husband's insurances and some valuable properties just in case her VIsa will be revoked?






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!


#36 Ampalaya

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Posted 27 July 2009 - 12:42 AM

QUOTE (bardge24 @ Jul 26 2009, 01:37 PM) <{POST_SNAPBACK}>
tnx so muhc rbacon...you guys are realy a big help...but my further questions are...

1. where will she file the I-360 if she will not use her K3 visa?
2. what initial actions she needs to do upon arrival in the US just in case she used her k3 visa?
3. is it punishable by law if she enters the US even her husband passed away already?
4. if she will do No.1, how long does the process usually takes?
5. how can she claim her husband's insurances and some valuable properties just in case her VIsa will be revoked?


Other questions she will need answered!

Did her exhubby have a will?
Did he have life insurance?
How does she get her exhubbys death certificate?
What does I-360 approval do for her?
When does she file to adjust ststus.?
Who will sponsor her?
Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
All PAU!
Been there! Did it all!

#37 rbacon

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Posted 27 July 2009 - 01:51 AM

The questions from you and Ampalaya are bordering on making the decision-making self-defeating, because you pose too many problems at one time.

There are only two directions the young lady can go right now:

1. Use k3 visa to enter the U.S., then start with the "discovery" process; or
2. Submit the I-360 with $375 to the Manila Embassy and allow things to proceed based on Embassy instructions.

To do #2 above, she will need a couple of death certs of her husband. Whoever has told her about the husband's death is her first line of contact for obtaining death certs, and that should be a priority since she cannot submit the I-360 to the Embassy without the death cert.

All this other business about will, life insurance, sponsorship, etc., is secondary to the tasks above.

This gal should be working directly with whonever is providing advice, rather than through third parties asking these questions on a forum. I have a business associate in Manila to whom I send clients whose paperwork I am doing. I can offer her as a Tagalog and Visayan-speaking assistant to ask questions of and funnel advice directly to the young lady, but I would need contact information for the young lady. My gal in Manila routinely works with all government agencies and the Embassy there.

--Ray B

--Ray B



QUOTE (bardge24 @ Jul 26 2009, 06:37 PM) <{POST_SNAPBACK}>
tnx so muhc rbacon...you guys are realy a big help...but my further questions are...

1. where will she file the I-360 if she will not use her K3 visa?
2. what initial actions she needs to do upon arrival in the US just in case she used her k3 visa?
3. is it punishable by law if she enters the US even her husband passed away already?
4. if she will do No.1, how long does the process usually takes?
5. how can she claim her husband's insurances and some valuable properties just in case her VIsa will be revoked?



#38 Ampalaya

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Posted 27 July 2009 - 03:29 AM

[quote name='rbacon' date='Jul 26 2009, 03:51 PM' post='219862']
The questions from you and Ampalaya are bordering on making the decision-making self-defeating, because you pose too many problems at one time.

There are only two directions the young lady can go right now:

1. Use k3 visa to enter the U.S., then start with the "discovery" process; or
2. Submit the I-360 with $375 to the Manila Embassy and allow things to proceed based on Embassy instructions.

To do #2 above, she will need a couple of death certs of her husband. Whoever has told her about the husband's death is her first line of contact for obtaining death certs, and that should be a priority since she cannot submit the I-360 to the Embassy without the death cert.

All this other business about will, life insurance, sponsorship, etc., is secondary to the tasks above.

This gal should be working directly with whonever is providing advice, rather than through third parties asking these questions on a forum. I have a business associate in Manila to whom I send clients whose paperwork I am doing. I can offer her as a Tagalog and Visayan-speaking assistant to ask questions of and funnel advice directly to the young lady, but I would need contact information for the young lady. My gal in Manila routinely works with all government agencies and the Embassy there.

--Ray B

--Ray B





Most important thing now is to find out if she can use the K3 to go to the US without any problems.
Your gal in Manila that works with the embassy should be able to find that out easily!
Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
All PAU!
Been there! Did it all!

#39 rbacon

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Posted 27 July 2009 - 04:48 AM

Guys,

I've discovered a new wrinkle in this process of the young lady legally coming to the U.S.

Use of the K3 could result in problems later on, because the validy of the existing petitions is revoked upon death of the petitoner.

On the other hand, the I-130 is legally converted to an I-360 and her immigrant processing can continue, via USCIS, if a new I-864 sponsor can be found.

--Ray B

#40 bardge24

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Posted 27 July 2009 - 08:04 AM

QUOTE (rbacon @ Jul 27 2009, 05:48 AM) <{POST_SNAPBACK}>
Guys,

I've discovered a new wrinkle in this process of the young lady legally coming to the U.S.

Use of the K3 could result in problems later on, because the validy of the existing petitions is revoked upon death of the petitoner.

On the other hand, the I-130 is legally converted to an I-360 and her immigrant processing can continue, via USCIS, if a new I-864 sponsor can be found.

--Ray B



where can we find your business address rbacon?i will tell my friend to go to your office directly to clarify so may concerns...
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!





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