Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

What is immigration law regarding a person who is not a U.S.

Customer Question
What is immigration law...

What is immigration law regarding a person who is not a U.S. citizen, legally marries a U.S. citizen, then the couple moves to the U.S. and the American spouse dies in two months after their arrival. What is the status of the surviving spouse?

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

Oh yes, the visa because of a bonafide marriage was granted and the non-American spouse entered the U.S. legally.

Lawyer's Assistant: Have you talked to a lawyer yet?

No...

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Only that this is a legal same sex marriage granted in Canada, approved in the U.K. and of course now legal in the U.S.

Submitted: 11 months ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 5 minutes by:
9/20/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 11 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,990
Experience: She has worked on all types of U.S. Immigration cases since 2007.
Verified

Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

Ask Your Own Immigration Law Question
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 11 months ago

Under what status did the foreigner enter the US? Were they granted an immigrant visa or entered as a tourist or another visa?

Ask Your Own Immigration Law Question
Customer reply replied 11 months ago
not certain but believe they were granted a visa based upon their legal marriage. Approved by the U.S. Embassy in London.
Customer reply replied 11 months ago
sure that it was not a tourist visa....
Customer reply replied 11 months ago
Main question is: does it make any difference if it was an immigrant visa or what other visa might there be? In either case, is there a time limit for a required renewal in view of the American citizen having died during their first two months of arrival in the U.S.?
Customer reply replied 11 months ago
are you there?
Customer reply replied 11 months ago
Should I be waiting?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 11 months ago

I would really need to know in order to give you a correct answer because it would completely change my answer. If he entered with a CR-1 immigrant visa, then the foreigner still remains a US permanent resident even if the spouse died because he already had his status granted. First I need you to confirm that.

Ask Your Own Immigration Law Question
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 11 months ago

Whether there is a time limit completely depends on the foreigner's status when he/she entered the US. Once you give me that information I can give you a precise answer.

Ask Your Own Immigration Law Question
Customer reply replied 11 months ago
Therefore, if he has a CR-1 visa, then does that indicate that he will not have to renew the visa in 6 months, etc.?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 11 months ago

Exactly. If he has a CR-1 visa then he only needs to apply to remove conditions in 2 years with form I-751 which he can do even if his spouse died.

I am stepping away a few minutes, but I will not abandon you. Try to get me that information and I will continue answering you when I return if you have additional questions.

Ask Your Own Immigration Law Question
Customer reply replied 11 months ago
At the present time, I am unable to know whether he has a CR-1 visa. I will find out and get back on this site at a later time. Thank you very much for your assistance....
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 11 months ago

You're very welcome. The question will remain open so once you have more info, come back and we can continue.

Ask Your Own Immigration Law Question
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 10 months ago

Just checking if you were able to get the information.

Ask Your Own Immigration Law Question
Customer reply replied 10 months ago
Haven't found out that information as yet. Question: How could I find it out without asking the individual? Will INS provide the answer? Is there a public record? thanks....
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 10 months ago

No unfortunately there is not away. That is not public record. The information is only given to the actual individual who is in question.

Ask Your Own Immigration Law Question
Customer reply replied 10 months ago
okay. thanks...
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 10 months ago

You're welcome.

Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 4,009
4,009 Satisfied Customers
Experience: Private practice in several areas, including immigration

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

4,009 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

51,402 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
I met my American girlfriend in Canada ten years ago. After
I met my American girlfriend in Canada ten years ago. After she came back to U.S., we kept contact. Recently, I entered U.S. by visa waiver program (I am a Canadian Citizen), and invested in rental pr… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
If i go to China in January and marry my fiance there in China,
If i go to China in January and marry my fiance there in China, how soon before she can come to the US with me ?… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
I am an Irish citizen and plan to get married to my American
I am an Irish citizen and plan to get married to my American girlfriend. I arrived here on a 90day tourist visa. If i get married here and submit the various forms (I-130 and I-485) how long should it… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
My questions: Can I Get Married On a Tourist Visa to a US
My questions: Can I Get Married On a Tourist Visa to a US Citizen and return to Brazil, and to apply for a CR-1 Visa in Brazil ? Do you know how long it takes to obtain an LPR status in this case ? Co… read more
usaimmigrationinfo
usaimmigrationinfo
Immigration Attorney
Doctoral Degree
413 satisfied customers
My boyfriend and I plan to get married in the next 8 months
My boyfriend and I plan to get married in the next 8 months or so. He is Canadian, I am American. What would we need to do in order to get marriage AND move here to the States? What does it take to as… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
Hello I am an American Citizen, born and raise. My fiance and
Hello I am an American Citizen, born and raise. My fiance and I are going to get married in Canada, in Victoria, B.C. as a matter of fact. We will then come and live in the U.S. in Omaha, NE. We have … read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
my partner is moving to the U.S. in December from London.
my partner is moving to the U.S. in December from London. He is a U.K. citizen. He will enter on a tourist visa, then we plan to marry and apply for a green card right away. the question is this: He w… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
Some time ago i asked a question about marrying my girlfriend
Some time ago i asked a question about marrying my girlfriend who was visiting on a student visa. We decided to wait, and she has since returned to Korea. We're continuing our relationship and I'd lik… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
My girlfriend is canadian and I am American. She is moving
My girlfriend is canadian and I am American. She is moving to the US and we are looking for the best way to do this while allowing her to legally live, work, and travel internationally. We are looking… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
I am us citizen sponsoring my wife and stepsons who live in
I am us citizen sponsoring my wife and stepsons who live in canada and are canadian citizens. I am applying I-130 and I-485 together. In form I-485 part2 "Application type ( check one)" What should I … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
I am an American Citizen who wants to marry a Chinese lady
I am an American Citizen who wants to marry a Chinese lady . We are meeting in Vancouver,British Columbia. We would like to know what we would have to do for marriage license requirements if we got ma… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
I am a Canadian who has married an American citizen and we
I am a Canadian who has married an American citizen and we are looking to move to California. I am looking to become a dual citizen (Canada and USA). What papers do I need? A green card? Is it better … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
I am an American citizen and my Husband is Dutch. We have a
I am an American citizen and my Husband is Dutch. We have a joint 3 year old son, who is also an American citizen. Can my husband apply for the US citizenship based on his biological relation to our s… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
I am a Canadian (living in Canada), just married to an American
I am a Canadian (living in Canada), just married to an American citizen (living in Michigan)... I would like to be able to move to the US and be able to work in the US as soon as possible. Can you ple… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
Hello, would it be possible to obtain a marriage license in
Hello, would it be possible to obtain a marriage license in the state of Florida given the following: 1. a person from the UK who is not a US citizen and has no I 94 2. the person does have a passport… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
My boyfriend and I are planning on getting married. I am a
My boyfriend and I are planning on getting married. I am a Dutch citizen with landed immigrant status in Canada. He is a U.S citizen. We would like to get married in the USA and for me to move there. … read more
Guru_Guy
Guru_Guy
Doctoral Degree
1,634 satisfied customers
What is the best way for me to obtain a VISA to move to the
What is the best way for me to obtain a VISA to move to the US from Canada. I am marrying a US Citizen in August and wonder if the marriage needs to be in CAN or US?… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I am going to marry a foreigner that is currently in the USA
I am going to marry a foreigner that is currently in the USA with a student visa. What will happen to his status if once we get legally married in the US, he is not interested in starting the green ca… read more
EMJ1219
EMJ1219
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x