substitute sponsor question
I married in 1999 to an American citizen had a child and filed all the proper paperwork with INS,received an ead,ss number etc.. four months before our interview my wife died(interview was in march of 2001)I was told by ins officer that case can not be approved.however i never received any official comfirmation from them.Someone told me recently about the public law 107-150 and that i should be able to use a substitute sponsor.(brother in-law)
I saw a lawyer last week and she said that spouse does not qualify.
I have read the law and several other sites and cannot find any exclusion for a spouse.Can anybody help me with this.Thank you.I received an answer from another attorney who said that if my I-130 was not approved i would not be eligable to file under the "family sponsor act" 107-150.He said that I-130 is only approved at the interview which unfortunately my wife never attended.Anybody knows about this?thanks.
The law was signed by the President on March,2002. You can use your brother-in-law to be a substitute sponsor.
I dont understand the part that you are saying that your lawyer says that "spouse does not qualify", what spouse? I thought you was talking about your brother-in-law? or you are referring about your brother-in-laws spouse?
Good luck,
the lawyer said that i do not qualify,according to this attorney this law was not intented for widowed spouses.She said it applies only to other family based applicants.I was very surprised to hear this.She told me i should either wait for some new guest worker program to be approved or remarry.Thank you.
I am not sure...but is for family based cases, well I am not a lawyer, but just in case you would like to read the clauses of the law:
http://www.callyourlawyers.com/iblog...858/index.html
Get more info.