K-1 Petitioner Dies Prior to AOS Filing
Posted on April 8, 2008 - Filed Under I-129F Petition or Fiancee/ K1 Petition
My friend Belle arrived in the USA April 1, 2007 , got married to her American fiance who petitioned for her thru K-1 (Fiancee Petition) . Belle and Pete were happy and were blissfully enjoying their marriage but that happiness was suddenly cut short. After just 15 days , her husband got killed in a motorcyle accident. Belle have not yet filed for an adjustment of status since they may have thought it too early, after all, they were just married for two weeks. But now Belle is suddenly a widow, all alone here in the USA, and with no immediate family nor relatives to turn to. Her husband’s family are also overseas and hard - up for money too that they cannot even come here for Pete’s burial.
I live in California, Belle lives in Florida. Even if I want to help her, it is just too far. By the way, Belle and I became friends because I helped her with some of her K1 concerns before. I feel so sad for her , going thru her K1 ordeal, and finally coming over to the US but now unfortunately, she has to go through this tragedy, her husband’s death.
I am posting this because it is very important to all K-1 holders who come here. First when you come here thru the K1 visa, get married immediately and file your adjustment of status right after. Also if possible, have some relatives or if not some friends who live nearby your place or within your state so when you need help, they can immediately help you. You never know what will happen. I know it sounds too morbid or it’s like you are only after your permanent residency here but you have to. Because Belle and Pete did not file for her AOS after getting married, Belle has to go back to the Philippines before her 90 - day visa expires. The immigration lawyers she contacted all told her the same thing, that she will have to go home even if it is very unfair to her because that is the law here in the States. If only she and Pete applied immediately, pending the approval, it might have been a different result.
It’s sad but it’s the procedure here. You will be sent home when your K-1 petitioner dies prior to your AOS filing.
Note : This might be the only link you will ever find regarding this topic because when I tried doing my research , nothing came up.
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