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Death Of Husband Of K1, Papers Not Filed

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  • Death Of Husband Of K1, Papers Not Filed

    I am hoping for some positive information.

    A friend of mine sponsored his K1 fiance.
    After she arrived here into the us, they got married almost immediately
    he had to be admitted to the hospital and operated on.
    after the operation he suffered a heart attack, and is now in a coma.
    He is not expected to survive.
    He did not have time to submit the paperwork though they were trying to complete it before the operation he underwent

    what options does she have? with the death of her husband does her legal right to stay in the states terminate?
    any help is appreciated.

  • #2
    Unfortunately, there is no way out. Google for the word "Widow Penalty". There are lot of lobbyists seeking some relief on this matter.

    The “widow penalty” is an obscure interpretation of the Immigration and Nationality Act (INA) that puts widows or widowers of U.S. citizens at risk of deportation if they have not been married for at least two years and are waiting for an application for permanent residence (the “green card”) to be approved.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Also contact a GOOD Immigration attorney. Immediately!!!!!!!!!!!!!!!!!!!!!!

      Very best of luck, its a terrible thing that happened.

      Beth

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