Immigration Law

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Immigration Law

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

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citizen, legally marries a U.S...
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?
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: oh yes, the visa because of a bonafide marriage was granted and the non-American spouse entered the U.S. legally.
JA: Have you talked to a lawyer yet?
Customer: No...
JA: Anything else you want the lawyer to know before I connect you?
Customer: 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: 2 months ago.Category: Immigration Law
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Answered in 5 minutes by:
9/20/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 2 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5,511
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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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.

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 2 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?

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Customer reply replied 2 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 2 months ago
sure that it was not a tourist visa....
Customer reply replied 2 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 2 months ago
are you there?
Customer reply replied 2 months ago
Should I be waiting?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 2 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.

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 2 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.

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Customer reply replied 2 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 2 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.

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Customer reply replied 2 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 2 months ago

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

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 2 months ago

Just checking if you were able to get the information.

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Customer reply replied 2 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 2 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.

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Customer reply replied 2 months ago
okay. thanks...
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 2 months ago

You're welcome.

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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).

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