Legal Question in Immigration Law in Massachusetts

Approved 1-130 for marriage but petitioner dies?

The husband was a US citizen and the wife the immigrant. They had been married for 19 months and the husband died. They resided in MA. The I-130 was approved and work permit was sent. But the interview date has not been set. What happens to the application for adjustment of status to permanent residence if the US citizen in the marriage dies? What options does the widow have?


Asked on 6/30/08, 1:16 pm

1 Answer from Attorneys
Melina Merino Attorney Melina Merino

Re: Approved 1-130 for marriage but petitioner dies?

If the visa petitioner dies after approval of a Form I-130, then USCIS has discretion to reinstate the pre-death approval. This discretion will be exercised favorably only if there is a substitute sponsor who has submitted a Form I-864 in place of any Form I-864 that was filed, or would have been filed, by the deceased petitioner. If you have any further questions, do not hesitate to contact me. Good luck!!

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Answered on 6/30/08, 2:17 pm


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