My freind got married an year ago, a marriage which was not faithful from her husband's side. He passed away within 2 yrs of conditional green card period. What are her options ?. Can she still hold the green card and remove conditions after 2 years. The affidavit of support in her case was from somebody in husband's family- what will happen to that, will it be still valid or not required ?. Also can she go outside US right now- I believe same green card rules will apply?. What if she get married in near future to someone who is not in US (not a US citizen or permanent resident)- I believe she will loose her resident status, if she marries within 2 yrs period?. Are rules or options any different based on how spouse died (accident, suicide, natural etc), though it was all his fault. Can she get any exemption in any rules, time frame if it is proved that all was his fault only. Also does options vary if she changes her name (just to get rid of his memories) ...Sidhartha
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Please need help with green card..Spouse died in conditional period
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- Yes, she can retain her green card and apply to remove conditions within 90 days of 2 year anniversary. There is a place on the form where she will specify that she is requesting waiver of joint application due to death of spouse.
- affadavit of support would still be valid
- death of spouse has no effect on travel rules
- as spouse is deceased, do not believe re-marriage will have any effect on case but she will have to explain that her current spouse is not the one she aquired conditional residence through
- as long as she didn't kill him, she need not concern herself with how he died
- still has to wait the 2 years (as far as I know)
- name change should have no effect but she will have to get all new identification/documents if she changes name.... better to wait and time that with issuance of permanent green card
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