I-130 FORM PART C- I AM GONG TO APPLY FOR MY MOTHER , SHE IS WIDOWED - SHOULD I STILL HAVE TO MENTIONED HER DIED HUSBAND.
5 attorney answers
You are required to respond truthfully to all questions on the application. The identity of former spouses is relevant in immigration applications, therefore you will be asked to provide the name and a copy of the death certificate to verify the death.
I encountered a case where USCIS specifically requested to submit evidence to indicate that the beneficiary's prior marriages(the petitioner's mother) have been legally terminated. This evidence may consist of final divorce decree, or a copy of death certificate. So, I would definitely mention the names of prior spouse(s) of your mother and also submit a death certificate that shows that your mother's prior marriage was terminated by death.
You have to provide the information requested. A dead spouse is no longer a spouse. His name should only be provided when names of former spouses are asked for.
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If any question asks about your mom's husband, such as her G-325A which is required for her I-485, you must answer truthfully.
You must always tell the truth when applying for an immigration benefit. You will have to include a copy of her husband's death certificate and, if it is in a language other than English, a translation and a certificate by the translator.. This, I assume is very important to you, so please consult with an immigration attorney to thoroughly review the details of your case. He or she will then be able to explain your options.
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