im a widow in the US do i still need to have a sponsor?

[dokali]

Hello,

my wife passed away in car accident couple of month ago , before the accident happens she file a I130 petition which is still pending.
do i need to have a sponsor to change I130 to I360?
do i need a sponsor to adjust my status ?
please help me

[rayb]

You don't need a sponsor to convert to a widow-status procedure. The subsequent Adjustment of Status, after the I-360 is approved, won't require a sponsor.

--Ray B

Hello,

my wife passed away in car accident couple of month ago , before the accident happens she file a I130 petition which is still pending.
do i need to have a sponsor to change I130 to I360?
do i need a sponsor to adjust my status ?
please help me

[dokali]

im a widow in the US do i still need to have a sponsor?

Thank you Ray for the swift response . Now I have to send the death certificate in order to get the I130 converter to I360 right ? How long the process will take?
I was told by my lawyer that I need a sponsor and without a sponsor my application will get denied ! I'm very confuse ! Is that because I'm in removal proceeding?

Please advice . Thank you

[rayb]

Your attorney is confused. Widows/widowers do not need sponsorship to obtain Permanent Resident status.

Send a copy of the Death Certificate to DHS with a copy of the receipt NOA to convert the I-130 to I-360 status.

--Ray B

Thank you Ray for the swift response . Now I have to send the death certificate in order to get the I130 converter to I360 right ? How long the process will take?
I was told by my lawyer that I need a sponsor and without a sponsor my application will get denied ! I'm very confuse ! Is that because I'm in removal proceeding?

Please advice . Thank you

[dokali]

im a widow in the US do i still need to have a sponsor?

Thank you Ray so I have to follow the Below setups
1- send death certificate in order to change the i130 to i360
2-file motion to remove the proceeding once the i360 approved
3- apply for my status adjustment .
May I know the proceeding time approximately to get my residence. Just to have a background .

Thank you for your help

[rayb]

Dokali,

There is no "removal of proceeding" once the I-360 is approved. Once approved you can then proceed with processing at the National Visa Center (if you are outside the U.S.) or with Adjustment of Status, if you are in the U.S.

The above assumes your wife was a U.S. citizen. If not, then everything changes.

-Ray B

Thank you Ray so I have to follow the Below setups
1- send death certificate in order to change the i130 to i360
2-file motion to remove the proceeding once the i360 approved
3- apply for my status adjustment .
May I know the proceeding time approximately to get my residence. Just to have a background .

Thank you for your help

[dokali]

im a widow in the US do i still need to have a sponsor?

Yes my wife was U.S. citizens, and she file a petition for me that was not yet approved .
But my my lawyer is asking me to have a sponsor and without sponsor my case will denied .
Yes I have a court for master hearing because I over stayed my B1visa .

[rayb]

If you have an immigration adjudication currently pending for your visa overstay, that may change your ability to convert the I-130.

Normally, your overstay would not have come to the attention of USCIS and approval of your I-130, or subsequent I-360, would have allowed you to adjust status.

But your attorney probably hasn't been involved with widow petitions and is assuming the rules for sponsorship are still in place, which they are not.

--Ray B

Yes my wife was U.S. citizens, and she file a petition for me that was not yet approved .
But my my lawyer is asking me to have a sponsor and without sponsor my case will denied .
Yes I have a court for master hearing because I over stayed my B1visa .

[dokali]

im a widow in the US do i still need to have a sponsor?

So a widow doesn't require a sponsor to get the i360 approved neither for the adjustment status ?

[rayb]

At last count I've told you three times that a widow/er self-petition does not need sponsorship.

--Ray B

So a widow doesn't require a sponsor to get the i360 approved neither for the adjustment status ?