Petitioned my wife and daughter (13) last year. Wife died last month, what now?

[jayz96817]

I am a US permanent resident and petitioned my wife and daughter (13y/o) last year. My wife died a month ago, what happens to my daughter's petition?

What can I do? Is there a way I can do to expedite the petition since my daughter is living with relatives, no parents right now? Thanks.

[jayz96817]

Petition was submitted Aug 2021. Have a receipt number saying they received the petition. As of Feb 21, 2022, nothing is outstanding and case in under review.

[newacct]

You filed two separate I-130s, one for your wife and one for your daughter? or just one for your wife?

Also, what category did you immigrate in? And is this your biological daughter and was she born before you became a permanent resident?

[jayz96817]

You filed two separate I-130s, one for your wife and one for your daughter? or just one for your wife?

Also, what category did you immigrate in? And is this your biological daughter and was she born before you became a permanent resident?

Thanks for the reply. Pardon me for the late response.

I filed just one (1) I-130 with biological my daughter as a dependent (in the application/form). Daughter was born before I became a permanent resident (I was unmarried then).

Migrated in the US with category F24. Went back home 1 year after being a resident, then got married (to my daughter's mother).

[newacct]

I believe your daughter should be able to immigrate as your derivative beneficiary (i.e. without you needing to file an I-130 for her), if the petitioner who filed I-130 for you to immigrate is willing to file an I-864 for your daughter. You would add your daughter to the case that you immigrated on.

If not, you would have to file an I-130 for your daughter to immigrate as the child of a permanent resident. It would take a little longer this way.