Legal Question in Immigration Law in California

Death before greencard...

A foreign woman here in the US as a student fell in love with a US citizen. When she returned to her homeland they corresponded and he traveled to see her several times. They married abroad and he brought her to the US on a fiance visa. When they arrived in the US she applied for a Green Card. All of the interviews and paperwork have been filed, and the application is pending. Then the husband died! How will this effect her Green Card application and status? If she is compelled to return to her homeland, must she assume other spousal obligations such as his credit card debts?


Asked on 2/15/02, 7:37 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: Death before greencard...

If as you stated, there has already been an interview and the adjustment application is simply pending decision by the INS, they may just approve it. If they don't approve it but instead make her file a widow petition, she can do that if she was married to him for at least two years at the time of his death, was not legally separated from him, and she hasn't remarried.

Liem Doan, Esq.

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Answered on 2/16/02, 3:43 pm


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