Asked in Immigration Law for Florida

Q: I-130 through marriage into widow petition, Does it convert automatically or I-360 has to be filled

My suppose passed away right before scheduled interview for adjustment status, I asked USCIS to reschedule the interview, then later sent them a copy of a death certificate (end of January), never heard back (it’s almost May now),

Last notice in my online account ‘we received the inquiry to reschedule the interview’ dated end of January

Questions:

(1) Was a xerox copy of a death certificate good enough to send or should it be original document

(2) Did I need to send a widow petition along with it or if it’s converted automatically?

(3) And how to check the status of my case, if it’s converted and processing time for it

Related Topics:
2 Lawyer Answers
Patricia C. Wall-Santiago
Patricia C. Wall-Santiago
Answered
  • Immigration Law Lawyer
  • Fort Lauderdale, FL

A: I am so sorry for your loss.

(1) Was a copy of a death certificate sufficient? Yes, unless USCIS expressly requests the original.

(2) Do I need to send a widow petition (Form I-360) along with a copy of the death certificate or is it converted automatically? It converts automatically once they received proof of death of the US citizen spouse and you were not legally separated or divorced at the time your spouse dies.

(3) How do I check the status of my application? Online or by calling the customer service line. You continue to retain the same priority date as the original I-130. If, for example, the USCIS office with jurisdiction over your adjustment of status application is Oakland Park, FL the office processing times for that application could range from 8 months to 20 months. Every field office has different time frames. you can check those at https://egov.uscis.gov/processing-times/.

I strongly recommend that you seek the advice of an experienced immigration attorney, to avoid delays and complications.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You should immediately retain counsel to file the G 28 notice of appearance of attorney of record in your case so that the case can be processed without any delays or denials. You only really have one chance to get this right so make it count.

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