I married a US citizen in 2009, and have an approved i130. My husband died last year (2015), before filing of i485. I was legally admitted to the US.
Yes, legally you may seek adjustment based on the narrated description. Please familiarize yourself with all requirements before proceeding at the link below:
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The short answer is YES. However, it is best advised to consult with an immigration attorney.
If you are otherwise eligible for U.S. Permanent Residency, you may file an I-485 Application for Adjustment of Status to Permanent Residency under Section 204(l) of the Immigration and Nationality Act, which provides reiief to the surviving spouses of deceased U.S. citizens and Permanent Residents.
However, you will still need to find a qualified sponsor for the Form I-864 Affidavit of Support that must be filed with your I-485 Application.
Although you have stated that you cannot work, it is not possible to predict with absolute certainty whether the USCIS would grant your request for a waiver of the $1,070 filing fee for the Form I-485.
Please schedule a consultation with an immigration lawyer for additional information and assistance.
This information does not establish an attorney-client relationship or any responsibility or liability on the part of the attorney for actions taken by the recipient arising from having read this information. The recipient of the information is advised to contact an experienced attorney for a formal consultation regarding this matter.
Sorry to hear about your husband's passing. You are still able to apply for adjustment of status but be sure to have an immigration attorney help you with the process to ensure you are not otherwise inadmissible. You may still need a sponsor to submit the I-864 affidavit of support. Best wishes.
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