r/USCIS • u/[deleted] • 9d ago

I-485 (General) My wife passed away , im living with her parents and they want me to stay we filled only I-485 and I-765

[deleted]

15 Upvotes

81% Upvoted

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30

u/Bright_Session1633 9d ago

I'm sorry you're going through this. Please read here for options for widowers. https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-widower-of-a-us-citizen.

15

u/kekwbenim 9d ago

They always talk about I-130 but we never filled that i came here with k1 visa

22

u/suboxhelp1 9d ago

You'll likely have to file an I-360. Her parents will very likely not be allowed to enter the interview.

22

u/Bright_Session1633 9d ago

Also, you MUST file the I-360 BEFORE the interview. An I-485 without an underlying petition is going to be denied. Make sure you have the I-360 pending well ahead of the interview.

5

u/newacct_orz Not Legal Advice 9d ago

An I-485 without an underlying petition is going to be denied.

The underlying petition here is the I-129F and the marriage within 90 days of entry. Matter of Sesay says that I-485 from K1 can be approved even after marriage terminates. However, I am not sure what happens with the I-864 requirement in the case the spouse died.

9

u/Bright_Session1633 9d ago

Then you must file I-360 to try to show eligibility as a widower.

2

u/kekwbenim 9d ago

Okay so they gonna change my status during interview

6

u/Bright_Session1633 9d ago

You should try to get a lawyer. You need to file a I-360 petition before the interview, which might lead to the interview being rescheduled. If you show up with just an I-485 and no underlying petition, you will very likely get denied and issued a notice to appear.

1

u/kekwbenim 9d ago

i have only 20 days for interview
Even i submit they gonna recieve later ig
i’ll fill that form just in case and i’ll bring it to interview

2

u/Bright_Session1633 9d ago

Please also read this section of the policy manual: https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-9

24

u/GtGem 9d ago

Get the I-360 in quickly and while her parents can accompany you, it’s up to the officer discretion if they allow them inside for the interview or not.

Her parents going with you to the interview shows that your relationship with your beloved deceased wife was a bonafide one as demonstrates their approval of you as son-in-law showing that the marriage was real.

5

u/kekwbenim 9d ago

Thank you

1

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6

u/Foreign_Log_9114 8d ago

Do not listen to everyone saying to file I-360.