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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 92927
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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what I have to do if us citizen passed away after you file

Resolved Question:

what I have to do if us citizen passed away after you file and signed I-751 petition,because at that time was alive?
thank you
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

You can write a simple letter and send it with a copy of your I-751 receipt and a certified copy of your spouse's death certificate and ask that your I-751 be amended to be a waiver petition because your spouse has died.

Another option is also to file an I-360 as a widow, but my first recommendation is the better recommendation.


Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!


Customer: replied 7 months ago.


I need to do this even we filled together and signed the I -751 petition because I thing this waiver apply if us spouse passed away before to file I-751 and we were married for 3 years now.


thank you

Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
It applies because your I-751 has not been approved. So this is the way to amend it to make sure you have no problems after. You don't want them thinking that you committed fraud because if you do nothing, they approve the I-751 as if he were still alive. Please let me know if you have additional questions and please do not forget to rate my service to you as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

Customer: replied 7 months ago.


my spouse passed away at the end of june and the funeral home make a mistake in death certificate,they put a wrong ssn# and I returned back the document to be corrected and they told me that thing will take them another month so right now end of august I still don`t have it.Is already 2 months what I have to do in this case if I still wait for the certificate?i should let immigration know even I don`t have a proof now?


thank you

Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
When did you file the I-751?
Customer: replied 7 months ago.


I -751 receipt date is 04/29/2013 and my conditional expiration date was on 07/25/2013 and I was married since june 3 2010.


 

Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Then you have time to wait to get the death certificate because it usually takes at least 8 months to process the I-751 if not more. So as soon as you get the death certificate, send everything in. Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Customer: replied 7 months ago.


I checked with Vermont service center and processing time is 6 months for I -751.So I will get something around October .What I told immigration if they ask me why I send them so late my spouse death certificate,i suppose to take some letter from funeral home states that they give me the certificate late because the first one was wrong filled?

Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
You MIGHT get something around October. It doesn't matter when you send it just that you send it before approval or you may have to go through the trouble of asking them to reopen your case and get it done correctly. Why? Because if you say nothing and they approve you and then later you file for U.S. Citizenship and they see that your spouse died before the I-751 was approved, they could charge you with fraud and strip you of your Residency. Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Customer: replied 7 months ago.

soon I get the certificate you thing is a good idea to take a infopass and go directly to the local immigration office to explain and let them know about this situation or is better to send this documents what you advise me to do by mail to VSC?


thank you for your very good advice

Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
I think you should do both. But you can try the Infopass first. You are very welcome for the good information. Just please do not forget to rate me positively. Thank you!
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 92927
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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