My Death and U.S. Visa Status of My Wife?
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My Death and U.S. Visa Status of My Wife?
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I am a U.S. citizen living abroad.
I am married to a Filipina. We have one child (natural U.S. citizen).
My wife has a 10 year multi-visit B-2 visa (tourist visa) to the U.S.
If I die while living abroad, I want my wife and child to live in the U.S.
However, it seems that's a little tricky, as my child can go and live in the U.S. without any problems, my wife cannot on just a tourist visa.
My child cannot petition for my wife because he is just an infant.
I do not wish to apply for greencard for my wife, because we have no intention of living in the U.S., and having a greencard entails living in the U.S. or foreiting it, sooner or later...(I wish it was different)...
From what I can gather, my wife can apply for what's called I-360, which is a widow of U.S. citizen permanent residency visa.
She can apply for it here in the Philippines, and go live in the U.S. with that.
However, what I wish is for my wife and child to IMMEDIATELY go and live in the U.S. in the event of my death.
But this 1-360/greencard thing takes like 2 years from what I can decipher from internet...
So at last, my question: Can my wife travel to the u.S. with my child on her B-2 visa upon my death, and once there, apply for 1-360/and greencard without any problem? (Like the immigration services making an issue of her "intent" to travel to the U.S. not for tourism purposes, but to switch to immigration purposes.)
Thanks in advance for your answers.
p.s. I am an obsessive/compulsive personality...and a good family man. I want to make sure my family is well provided for and taken care of even upon my death. :) Additional Details No....I am not expecting to die soon...
But as with all responsible family man, I want to make sure everything is ok even if I were to meet my maker...
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Pauper Prince
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One thing I am unable to make sense of, are u expecting to die soon? If not then don't worry about it and live ur full life happily.
The nature who brings the life on this earth is fully capable to take care of that life as well, so u don't have to worry what happens after ur death, no matter what good you try to do if fate over turns all good goes into waste.
Live ur life happily & don't think about death. Be happy & I wish u a long life. |
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veritaslegalgroup
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Dear Kory:
if you are obsessive and compulsive, then do the right thing. You need to contact an immigration attorney for assistance. you need to file an immigrant petition for your wife. You can do so abroad. youe attorney will prepare the entire application and send to your address abroad. You will then file it with the U.S. Consular office. If the interview is sucessful, your wife would be granted an immigrant visa. Once she arrived in the U.S., she would get a permanent green card. However, if she intends to leave the U.S. (as you may be working and have a home abroad), she would need to file other applications so that USCIS won't determine that she abandoned her green card.
This is the only sure way to sponsor for her. A I-360 Self Petition is for VAWA , Victims of violence, and she MUST BE IN THE U.S. to file.
Do the right thing. Contact an attorney and get professional help for your wife. |
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verne k
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Under 8 CFR 204.2 if you were to die your wife can petition for herself
for a visa if filed within two years of your death. The visa petition form I-360. According to the instructions it can be filed at the US immigration office at the US embassy in Manila.
8 CFR 204.2 can be found at uscis.gov.
THe phone number is 301 2000 ext 2224
email address: mphinquiry.cis@dhs.gov
A visitors visa would not be proper and would not be
issued to go to the US to apply for residence. She
should obtain the immigrant visa. |
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lestermount
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You should contact the U.S. consulate near you.
If you apply for her green card and later citizenship, if you die during the process she will automatically receive the visa and citizenship. |
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