What happens if the sponsor dies before the K-1 or K-3 recipient receives a green card?

11 Jan 2011

In the case of a K-1 nonimmigrant who marries the petitioner within 90 days of admission, the K-1 nonimmigrant (and any K-2 children who are otherwise eligible) may obtain adjustment of status without the need for Form I-360 just as they would have been eligible for adjustment without Form I-130, if the petitioner had not died.

If an alien was admitted as a K-3 or K-4 nonimmigrant, the Form I-130 filed for the K-3 is converted to a Form I-360 upon the citizen petitioner’s death.  The K-4 can then “accompany or follow to join” the K-3 based on that Form I-360.   A widow(er)’s eligibility for adjustment ends if the widow(er) remarries before obtaining LPR status.

Provided the alien was residing in the United States when the qualifying relative died, and still resides in the United States, an officer now has authority to approve any immigrant visa petition that was pending when the qualifying relative died provided the petition was approvable when filed and still is approvable apart from the death of the qualifying relative.  Therefore, assuming all other requirements for approval of a petition are met, the death of the qualifying relative no longer requires denial of a petition in a case involving an alien who meets the requirements.

Reference: PM-602-0017: Subject New INA Section 204(l)

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