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My cousin married a U.S. citizen and applied for immigration by marriage, but unfortunately the guy died before interview date t

Houston, TX |

my cousin married a U.S. citizen and applied for immigration by marriage, but unfortunately the guy died before interview date that is next month, what she xan do?Should she remove case or she can go to immigration office and show documents that her marriage was bona fida?

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Attorney answers 5

Posted

The pending I-130 will be converted to I-360. She can self petition. She has to go to the interview.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

Posted

My colleague is correct. I do suggest that your cousin get some help to make sure everything goes smoothly.

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Please visit our website at www.tunitskylaw.com. For questions or to schedule a consultation, please call 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.

Posted

I agree with my colleagues, have her go to the interview.

The information on this website is not intended to be legal advice.

Posted

Your cousin should retain counsel before attending her interview. The I-360 petition by widow/widower of a US citizen occurs where the I-130 was previously filed, and the USC spouse dies prior to adjustment of status of the beneficiary spouse. Make sure that she brings death certificate, birth certificate, or other documentation of decedent to the interview...

This response in no way establishes attorney/client privilege or relationship.

Posted

I agree with the advice given by all of my colleagues but will add that if your cousin filed it without advice of an immigration attorney there could be issued that were never addressed.

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