What will INS do to 485 if the 130 petitioner who is the applicant's USC husband will die from cancer soon after 130 filing? Will they still proceed and approve the petition or void it or ask the applicant to file 360 as a widow? Since they are married for over 2 yrs, she can wait and file 360 as a widow. If she still has to file 360 after filing 130 and the petitioner dies before 130 is approved, isn't it better for her to wait and file 360 only (do not file 130) other things being equal, so that she does not have to pay for 2 filing fees? She can also get EAD by filing 360 and 485 at the same time when the 360 is still pending right? Will she lose any priviledge/rights for green card by not filing 130 when her husband is still alive? Pls help!!
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File 130 or 360 if the USC petitioner will die soon?
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