Petitioner dies before interview

 

In the case that the U. S. citizen sister dies. The interview in the Consular section is very important because it allows the applicant to discuss his/her case with the consular officer for the first time since the petitioner filed the petition with the United Sates Citizenship and Immigration Services (USCIS). See Abboud v. How to Prepare for a Green Card Marriage Interview. gov before the interview process but what i missed was to include the interval year of my academic year upto completion(12th grade) but the rest interval year for my degree If the I-130 has already been approved, and the case has moved from the National Visa Center to the US consulate, then correspondence must be made to the US consulate where the interview will be scheduled. If the petitioner dies before the principal applicant has What happens if the petitioner dies before the principal beneficiary has immigrated to the United States? If the petitioner dies before the principal beneficiary has immigrated to the United States, the petition is automatically revoked pursuant to 8 CFR 205. This means that the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to USCIS for them to take final action. By Jennie Guilfoyle. , Petitioner, v. 1(a)(3). There would have been a chance if the petition had been approved before the petitioner died. immigration law, the petition technically becomes invalid if the petitioner dies before the beneficiary can immigrate to the U. but the petitioner — your father — dies before the beneficiary gets immigrant status  May 1, 2012 Answer: Normally, when the petitioner dies… Southern California Immigration Attorney Gives Interview on What it is like to be a Certified  Oct 30, 2008 for the spouse before dying, the petition will be treated as a properly USCIS regulations provide that when the petitioner dies, . This application leads to your interview for a green card. Under U. The petitioner is still a sponsor and must file an affidavit of support, even if he or she cannot meet the income requirements. And when the petitoner dies after the file becomes current and/or visa is issued. If my I-130 petitioner dies, can I have the I-130 reinstated? QUESTION: My father filed an I-130 on my behalf which has been approved. The consular officer will inform you if additional administrative processing is necessary. The petitioner dies while the I-130 petition is still pending or after the I-130 petition gets approval. we provided every docuemtn, police certificates, pictures, passport copies, DS230 forms everything. October 31, 2016 It is unfortunate when a relative dies and we are always saddened to learn of the death of one of our petitioners or applicants. However, I encountered the news about Obama signing a new law where it cancels automatic revocation of petitions when the petitioner died. Feb 25, 2016 Chapter 9 Death of Petitioner or Principal Beneficiary familybased immigrant visa petition, including both the principal beneficiary and anynbspApr 9, 2018 If the principal beneficiary is unable to qualify for a visa, then family In the case of either the petitioners or beneficiarys death, in fact, the I130nbsp Death of Petitioner or Principal Beneficiary 2020 2019 What is a 204(l) or relief for surviving relatives? What happens if my petitioning relative dies before I adjust to a green card holder? What happens if I am the derivative beneficiary of an application and the principal beneficiary dies before I adjust to a green card holder? Petitioner has Died - When a petitioner dies, the visa petition he/she filed for a family member is no longer valid. First a prevailing wage must be submitted to the Department of Labor which may take 6-8 weeks. Now, what happens when the petition is approved, but the petitioner died If the petitioner dies before the principal beneficiary has immigrated to the United States, the petition is automatically revoked pursuant to 8 CFR 205. ;; Is deported and gets new sponsor; or; Dies. John Ashcroft, Attorney General, Respondent, 387 F. The petitioner remains fully liable, along with the joint sponsor, for any benefits the sponsored immigrant(s) may use. The Petitioner dies before interview Hi guys, I need your help. appearance at any requested interview before USCIS of the petitioner(s) and/or derivatives. . citizen petitioner dies before the K-3 or K-4 has  Jan 11, 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  Oct 21, 2009 the petitioner of a family-based petition dies before the beneficiaries of shortly before their interview takes place, her U. 107-150 provides discretion to permit the beneficiary to immigrate. Some people may have some issues answering the vaccination questions on the form. Once DS-260 is complete, NVC will send you a document checklist that you’ll need to bring to the interview. g. There is a law which protects widows and other surviving relatives as well as a If the petitioner dies before the principal beneficiary has immigrated to the U. This means that the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the Department of Can a divorce go through if a spouse dies before the final judgment? If a divorce has been finalized, can it later be retracted? Return to list of topics; Engagements and Remarriage. The role of the NVC is to pre-process and to eventually process visa applications which have been approved by the U. lawful permanent residence) even if the petitioner/sponsor dies before completion of the application process. Can I marry someone else if we've been separated for a long time? Can the judge declare me as single before the divorce is final? If the visa petitioner dies before USCIS approves the visa petition, the statute does not permit anyone else to file the Form I-864. citizen and has petitioned for you to adjust status or consular process, what happens if he dies while the process is still pending? If the petitioner dies after the Immigrant Visa Petition has been approved, but before the beneficiary is able to immigrate to the U. What happen if the petitioner is unable to show at AOS interview? Will the petitioner be able to rebutt during a motion to vacate an order of protection at the hearing? If someone files for divorce in one state, can the other party file as a petitioner in their own state? Does the joint sponsor has to be residing in the same states wit a The approval of any petition is automatically terminated when the petitioner dies or files a written withdrawal of the petition before the beneficiary arrives in the United States. The beneficiary would have been fine because the petition was approved after the death of the petitioner and all he would have needed is a substitute sponsor relative, but because he married before the petitioner became a U. Citizenship and Immigration Services (USCIS) to start off your immigration process is a petition (usually on Form I-140 if the employer is the petitioner, or I-130 if a family member is), which that person or employer prepares Yes, if the petitioner or primary sponsor dies before all qualified family members have immigrated, a new sponsor may submit a Form I-864 to become the primary sponsor regardless of the status of the deceased petitioner's estate. If you’re waiting to immigrate to the U. the death of a petitioner does not end the case. Who Needs an Affidavit of Support When filing for Immigration Benefits? This form is legally required for many family-based and some employment based immigrants to show they will have adequate means of support after immigration to the U. Citizen and Immigration Services (USCIS) where it was originally filed. Both applications are adjudicated only at the interview. What you can do if your immigrant visa sponsor dies the surviving relative may qualify for an immigrant visa even if USCIS did not approve the petition before the petitioner's death. Unfortunately, when the petitioner dies in a family petition, the petition itself is automatically terminated. Once you get to the front of the line under the visa quota system Note: the US petitioner can fill out form DS-260 if the beneficiary doesn’t have a strong understanding of the English language. There is no authority to approve a visa petition after the petitioner dies. In the Ninth Circuit, if the visa petitioner dies after filing the spousal immediate relative Form I-130 and after the beneficiary has filed the related Form I-485, but before there is a final decision on the Form I-130, the spousal immediate relative Form I-130 may still be approved, based on the Ninth Circuit decision in Freeman v. The petition is then returned to U. The State Department’s Foreign Affairs Manual at 9 FAM 41. There are circumstances under which an immigrant can obtain a green card (U. But I’m mad at him for leaving me like this… Is there anyone that can tell me how this is going to affect the interview and its 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. This means that the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the Department of The beneficiary then has to sit and wait until their priority date becomes current. We applied for AOS few months ago. The fraud interview usually takes place immediately after an initial green card Unfortunately, my father died whom is my petitioner. Unfortunately, if the petitioner dies at any time before the beneficiary immigrates to the United States, the consular officer will not be able to issue a visa to the beneficiary. Wednesday, November 05, 2014 the petition technically becomes invalid if the petitioner dies before the beneficiary can immigrate to the US. Marriage-Based Applicants. if a U. After the death of your green card sponsor, how can your preserve your ability to become a permanent resident? Under US immigration laws, there are certain circumstances that allow for you to obtain a green card even after the death of your green card sponsor. I have read few articles that the when the petitioner dies the petition, too. And i was hoping to ask on the problem i face during filling the Ds-260 for 2019 US-Immigrant Application form few days ago if there is possibility to contact the kcc@state. Sep 1, 2017 visa petition for a fiancé(e), spouse, or minor child if the petitioner was is less than two years old at the time of the adjustment interview, as is . citizen spouse never filed the I-130 petition, you will need to file a different set of paperwork. on an I -864 filed by the petitioner the I-864 may no longer be withdrawn. 81 Note 6. Petitioner died while Visa interview is scheduled died weeks before the Visa interview. , the death of the petitioner results in the automatic revocation of the Immigrant Visa Petition. Jan 17, 2017 and departs U. citizen spouse occurred prior to October 28, 2009, to an I -360 petition, when USCIS is notified of the petitioner's death. In nearly all cases, marriage-based adjustment of status cases for permanent residence requires an interview at the local district office. 2004) case opinion from the US Court of Appeals for the First Circuit While Public Law 111-83 which came into effect on October 28, 2009, now permits the approval of a visa petition or adjustment of status application and related applications even if the petitioner dies, it benefits only those petitions where the beneficiary/ies are residing in the United States. If the petitioner dies after the petition is approved and before the visa interview, the petition can continue. What will happen to my immigrant petition if the petitioner dies before I get my green card? Will I lose the petition? Generally, the U. citizen or lawful permanent resident), and the petitioner died; After filing the adjustment application but before final adjudication, an NIW physician may sometimes file a self-petition based on establishing his or her own medical practice or he or she may become the beneficiary of a separate employment-based second preference immigrant petition for a prospective employer. Poole and Ann Robertson for a panel at AILA National 2015 entitled Complicated Affidavit of Support Issues. Even if the I-130 is still pending, you can proceed by filing the I-485 adjustment of status application. Now, what happens when the petition is approved, but the petitioner died A: Yes. Initial Petition Not Filed By Your Husband. My Spouse died before my Adjustment of Status Interview, can I still adjust my status? If you’re in the unfortunate position where your spouse passed away prior to your adjustment interview When a Non-Spouse Family Petitioner Dies. , the petition is automatically revoked pursuant to 8 CFR 205. Citizenship and Immigration Services (USCIS) could revoke the immigrant petition upon the death of the petitioner. Q: What Are the Income If the petitioner dies after the Immigrant Visa Petition has been approved, but before the beneficiary is able to immigrate to the U. petitioner may pass away before the beneficiary is eligible to immigrate. Let’s help you avoid the I-751 interview all together. Obviously, the petitioner should notify the consulate before the interview is scheduled that he/she wishes to withdraw the petition. Now rules have changed and hopefuly there would be a way in which you can immigrate. And the interview is scheduled in 2 weeks in Phoenix but my husband The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents. 2 provides further authority to extend the K-1 any number of times: A NOIR is a letter to the petitioner fully explaining why USCIS intends to revoke a previously approved petition. A substitute sponsor will also be accepted if the visa petitioner dies after the principal beneficiary of the visa petition has immigrated, in the case of an alien spouse or child is seeking to follow to join the main beneficiary after the visa petitioner’s death. Permanent Resident Spouse-Petitioner Dies If a non-spouse who filed a family visa petition for you dies before you get a green card, what  Nov 6, 2013 If a spouse dies while there is a pending or approved I-130, that I-130 will eligibility, meaning, among other things, they cannot re-marry before the I-485 is approved. The Immigration Service may reinstate the revoked Immigrant Visa Petition for humanitarian reasons (commonly However, divorce does not necessarily terminate your financial responsibilities toward your immigrant spouse before he or she becomes a U. citizen files a F3 petition for a son/daughter and subsequently dies, INS may Seven commenters suggested that a joint sponsor should be permitted if the visa petitioner dies before the visa petition is approved, and the beneficiary has obtained “relief from revocation” under 8 CFR 205. my mother is law was not working so we had a joint sponsor for our AOS. Immigration and Nationality Act now allows certain family members to become “substitute sponsors” if a petitioner dies following approval of the visa petition, but before the beneficiary obtains his or her permanent residence. citizen). By Ilona Bray , J. Jan 25, 2017 that many times the petitioner dies before the process is completed. 1(a)(3)(i)(C). Basic Eligibility for Section 204(l) Relief for Surviving Relatives You may be eligible to seek relief if you are a: Principal or derivative beneficiary of Form I-130, Petition for Alien Relative (regardless of whether the petitioner was a U. The order from the court instructs YOU to have no contact with the petitioner, but may not order the Oct 31, 2016 If the petitioner dies before the principal applicant has immigrated to the sponsor on the day of the interview will not reinstate the petition. Agree before hand on what you will do if a disagreement arises during the interview. The NVC processes non-immigrant visas such as the K-1 and K-3 visa for consular interview. 3d 32 (1st Cir. Since the enactment of INA section 216, the former I mmigration and Naturalization Service (INS) and USCIS have issued more than a dozen guidance documents related to the processing of Form I-751, DON'T argue with your spouse or other family members in the middle of an interview. If the petitioner dies before the petition is approved then the petition is dead, and cannot be revived. Yes, if the petitioner or primary sponsor dies before all qualified family members have immigrated, a new sponsor may submit a Form I-864 to become the primary sponsor regardless of the status of the deceased petitioner's estate. Waiting for interview for adjustment of status for green card based on Can I still keep the assistance for the children or do I have to close it prior to the interview? . The National Visa Center (NVC) is a facility in Portsmouth, New Hampshire. If the petitioner dies, the applicant typically must obtain a substitute sponsor to continue Before denying a visa petition or adjustment application as a matter of   If an immigrant's sponsor dies before the immigration process is finished, when the visa petition always died with the petitioner, you may still be able to get a  There are circumstances under which an immigrant can obtain a green card (U. What If I Die Before the Immigrant I'm Sponsoring Gets a Green Card? By Ilona Bray , J. The main purpose of the I-130 interview is to verify the "bona fides" of the marriage and whether it was entered into in good faith. In fact, the reason this person is called the "petitioner" is that the first application that must be filed with U. The applicant just needs to present the death certificate. The beneficiary would first make a plea for humanitarian reinstatement. He applied to become a U. The petition was approved and the case was transferred to the NVC. Our AOS interview is scheduled for July 12 2007 but my husband will be in jail serving an 18 month sentence during that time! Firstly , I’m scared and worried for him because he is going to jail in a few days. An Ibadan Customary Court sitting at Mapo Hill, yesterday, struck out a divorce case brought by a woman, following her death during labour. My friend filed the I-130 Petition for his brother more than ten years ago. Was The I- 130 This application leads to your interview for a green card. What happens if the I-130 Petitioner dies after the approval of the Petitioner and before the Beneficiary obtains an Immigrant Visa at the U. The bill is expected to be signed into law by President Obama soon. For marriage-based green card applicants, the officer may also request a fraud interview. If the visa petitioner dies after USCIS approves the visa petition, however, P. L. In immediate relative situations, the Form I-130 and application for adjustment of status (Form I-485) are submitted simultaneously with the INS. DON'T argue with the USCIS officer. If the USC spouse/petitioner dies after the IV applicant has left for the consular interview, the officer has the discretion to convert the approved I-130 to an I-360. There has to be a start date and an end date in the I797B form of your L1B visa approval. will need to provide her cousin with an I-134 for her B-2 visa interview. USC Spouse Dies After Case at Consulate. citizen unless he or she leaves the United States. Citizen, he invalidated that I-130 and it cannot be reinstated even if he now were to get a divorce. When Your Petitioner Dies. A: There are a few steps that must be completed before filing for an H-1B nonimmigrant visa. The K-4 can then “accompany or follow to join” the K-3 based on that Form I-360. a. A: You and family members must have birth certificates (each birth certificate must indicate full name, the full names of each parent, date of birth, and place of birth), marriage certificates and other relevant documents before the I-485 Application to Adjust Status to Permanent Residence can be filed. The material listed accompanies our August 31, 2016 webinar, Advanced I-864 Issues. The petitioner, Marian Folalu, a housewife, had asked Check out for the latest news on petitioner before along with petitioner before live news at Times of India Although the petition has become invalid with the deceased petitioner, the U. D. He had another person as sponsor already in the affidavit who is a Hi My mother in law had filed case for her daughter in 2002 and i got married in 2006. The only way to address this situation would prepare a Humanitarian Reinstatement. family member who filed the petition dies or is divorced from the beneficiary, the alien beneficiary does not necessarily lose grandfathered11 status. If the petitioner dies before the principal beneficiary has immigrated to the United States, the petition is automatically revoked. What happens when the petitioner dies even before the petition was approved? Our mother (petitioner) unexpectedly passed away 2 days ago when my sister (principal beneficiary) & her family (derivative beneficiaries) are in the process of doing their medical screening and visa interview this week in Manila, Philippines. In certain cases the Immigration and Naturalization Service will allow another relative to take the place of the deceased petitioner (e. If an immigrant's sponsor dies before the immigration process is finished, it's not necessarily the end of the case. Otherwise I believe it's not a valid document for it's purpose. A When a petitioner dies. Citizenship and Immigration Services for information about “humanitarian reinstatement. Since the visa has already been approved, automatic  In the past, a petition could not be approved if the petitioner died while the petition that qualifying relative means a person who, immediately before death, was:. It is important to properly prepare for your marriage green card interview, or you could experience a delay in the approval of your case, or worse, your application could be denied if you don't present the proper information at your interview. A 7/22/98 DOS cable with additional guidance and Q&As on Form I-864, Affidavit of Support. Apr 18, 2019 If the death of the U. If your visa interview What happens to the beneficiary when a petitioner on a family-based immigration petition dies? For example, if your spouse is a U. , the I-130 petition is automatically revoked, and no longer a valid way to get an immigrant visa and green card I think you should read further on what if petitioner dies before the file is current. The petitioner has an opportunity to rebut the allegations and present additional information or evidence before USCIS makes a decision. If you file a joint petition and depending on the evidence submitted, an interview may not be required. If the petition is at the National Visa Center, they will return the file to USCIS for the substitute sponsor and the humanitarian consideration. Jul 9, 2013 The VSC indicated that if the petitioner or principal beneficiary dies while Before they would send a case for interview, they would issue an  If you are a petitioner of an I-130 petition, and there has been a change in If in January 2004 while the immigrant visa petition is pending, the son's wife dies or there is Can he get married before his interview and add his wife to the petition   The spouse cannot be substituted if the petitioner dies before the I-526 is approved and the conditional green cards are issued. In the event of an interview, we will not only prepare our clients a few weeks before the interview with what documents will be necessary, but also with what kind of questions could be asked and generally, what to expect at the interview. on the basis of a visa petition filed by a family member who is a U. As a matter of law a couple must appear for a personal interview in order for the conditions on residence to be removed. What and how to file12 If approvable under the circumstances, any of the following may be filed on or before April 30, 2001, to preserve the beneficiary's adjustment eligibility: Frequently Asked Questions and Answers for K3 Marriage Visa, K3 Immigrant Visa Requirement - Do It Yourself Kit for K-3 Visa Application, DIY K3 Visa, K4 Visa, Spouse Visa Process, K3 Adjustment of Status, K3 Visa Interview Unfortunately, my father died whom is my petitioner. If the petitioner dies prior to the interview, the humanitarian exception may not apply. ” (a) (U) A beneficiary is ineligible for Form I-730 benefits if the petitioner dies before the beneficiary’s arrival to the United States. Remember that you should always wait for your official denial paperwork to arrive in the mail before making any decisions about what to do next. That would be a two-step process. You may have . If you are outside the U. USCIS must provide derogatory information unknown to the petitioner or applicant in the NOIR. If your visa interview is scheduled and you receive news of your petitioner's passing, please be sure to inform the consular officer of this during the interview and bring the death certificate Congress has approved a bill amending the rule that if the petitioner dies, the petition is automatically revoked. A relative petition may be automatically revoked if the petitioner withdraws the petition, if the petitioner or beneficiary dies, upon legal termination of the marriage upon which the petition was based, upon the marriage of a second preference unmarried son or daughter, or upon the termination of status of a lawful permanent resident petitioner (unless he or she becomes a U. This means that the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the U. Public Law 111-83 (2009) eased this burden for beneficiaries whose petitioners died prior to their adjustment of status application. Different situations apply when the petitioner dies before the case is current. Representatives from the Vermont Service Center, the National Visa Center, and the Manchester USCIS field office attended the training and answered questions. The interview usually takes place from 3 months after your application is filed. But if USCIS is satisfied that the marriage was not for the purpose of evading the immigration laws, they may waive the interview and approve the I-751 petition. We are waiting for a visa to become available for the petition on the Visa Bulletin. Some applications may require additional administrative processing after the interview before the application can be processed to conclusion. Should the substitute sponsor's I-864 be filed before the interview on the I-485 or brought to. A widow(er)’s eligibility for adjustment ends if the widow(er) remarries before obtaining LPR status. If an I-130 visa petitioner dies before USCIS acts on the Form I-130, on the basis of precedence, USCIS must deny the Form I-130 [1]. On July 9-10, 2013, CLINIC conducted a training on family-based immigration in Manchester NH. There are two limited circumstances in which the petition can be reinstated: * Section 204(l) reinstatement If the petitioner dies after the Immigrant Visa Petition has been approved, but before the beneficiary is able to immigrate to the U. In such circumstances, the beneficiary should not be issued travel authorization. petitioner passes away during the years before the interview, you might still be able to continue with your case. A spouse-sponsor should withdraw any Petition for Alien Relatives and the Affidavit of Support as soon as possible if divorce proceedings are imminent. What happens if the petitioner dies? This often happens, especially when you’re in countries with very long lines including the Philippines, Mexico, China, and India. Citizenship and If the petitioner dies before the principal beneficiary immigrates, the petition is dead and nobody can immigrate on that petition anymore. If the USCIS officer says part of your application is incomplete, ask for an explanation and attempt to remedy the situation by using the Rather, it purported to comply with the judgment by rendering a new determination following a de novo interview before a different panel and, in its written decision and in the transcript of the In general the petitioner is not bound by the no contact order and thus cannot violate it. Topics included incorrectly completed I-864s, income requirements, tax returns, following-to-join, employment-based cases, under age petitioners, means tested benefits, and notarization by foreign notaries. For many years, foreign nationals were barred from getting immigration benefits following the death of their United States Citizen or Legal Permanent Resident spouse or relative. If your U. citizen, but he died before he could naturalize. If an I-130 has been approved by USCIS, what happens if the Petitioner dies? The Form I-864 must be submitted before an immigrant visa number can be issued. What To Expect In Your US Citizenship Interview If the original I-130 petitioner has died after the petition was approved, but before If the sponsor dies after the principal applicant has immigrated to the United  Dec 21, 2017 He passed away before she could get her immigrant visa. Embassy in Seoul, Korea. Now in November last year NVC asked us to provide AOS, visa fee and every other document. During this time, the applications were automatically denied if the qualifying citizen or LPR relative died before everything was approved by Immigration. However, the death of a petitioner or applicant can have serious consequences on the outcome of a visa petition. If the petitioner dies before the principal beneficiary has immigrated to the United States, the petition is automatically revoked pursuant to 8 CFR 205. If this happens to you, please visit U. In other words, USCIS Before 2009, through the more stringent humanitarian reinstatement process, the INS (USCIS now) allowed a foreign national’s spouse, parent, mother-in-law, father-in-law, sibling, child who is at least 18 years of age, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian to become a substitute Rosita Mahabir, et al. If a non-spouse who filed a family visa petition for you dies before you get a green card, what happens next depends on where you are at the time of the death. lawful permanent residence) even if the petitioner/sponsor dies before  When a U. This is a request that is willing to allow in essence a request to move forward even though the petitioner has died. Thus, the applicant must demonstrate exceptional hardship and request for humanitarian reinstatement if his or her petitioner is deceased before the petition gets reinstated. This includes the continued processing of the immigrant visa application for the spouse of the US citizen or the unmarried child under age of 21 of a US citizen, even if the US citizen petitioner dies while the immigrant visa petition is pending or has been approved. After a green card interview, his green card was approved in record  Before you move forward, here are requirements you need to know. Citizenship and Immigration Services (USCIS). Initial Petition Not   You can still travel but you may need to substitute sponsor for the affidavit of support. . citizen or lawful permanent resident, that person’s death will certainly make the process Immigration information: On "People Want to Know", JP Dominguez and attorney Jessica Dominguez discuss what can be done with a case if a petitioner dies while an immigration process is pending. The material in the body of this post was drafted along with Heather L. Updates on Family-Based Immigration from the VSC and NVC. The joint sponsor must file a separate affidavit of support. petitioner dies before interview

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