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Anyone is int the same page as my friend unfortunatly!!

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  • Anyone is int the same page as my friend unfortunatly!!

    Hi,
    I know here are a lot of people sharing the situation having in real life. I would like to know something about my friend:

    She got married 6 months back with an US citizen. They were being prepared to apply for AOS . However couple of days back her husband died with heart failure (he was only 44!!) . So, now what's the option she has to apply for AOS.? or how much difficult to process her case to stay here ? She came as B1 visa.


    Anyone have any idea or experience like that?

    Thanks in advance.

  • #2
    She can still apply within 2 years of his death as long as she hasn't remarried. The process is pretty much the same, except she now files I-360 as widow instead of I-130, so basically she should file I-360 and I-485 (plus I-765 and I-131 for EAD/AP if she likes). She still needs to show evidence of bona fide marriage as before. And she doesn't need an I-864 Affidavit of Support; she files I-864W as widow instead.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by MNbdgirl View Post
      Hi,
      I know here are a lot of people sharing the situation having in real life. I would like to know something about my friend:

      She got married 6 months back with an US citizen. They were being prepared to apply for AOS . However couple of days back her husband died with heart failure (he was only 44!!) . So, now what's the option she has to apply for AOS.? or how much difficult to process her case to stay here ? She came as B1 visa.

      I
      Anyone have any idea or experience like that?

      Thanks in advance.
      I'm so sorry, all my condolences to your friend. I'm unsure of what can be done. Tell her to go see an immigration lawyer.
      Best of luck

      Comment


      • #4
        Thank you.

        Thank you both of you. Appreciated your response.

        Originally posted by Standing View Post
        I'm so sorry, all my condolences to your friend. I'm unsure of what can be done. Tell her to go see an immigration lawyer.
        Best of luck

        Comment

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