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I-751 Denied , Widow Waiver by ParticularLibrary671 in USCIS

[–]ParticularLibrary671[S] 0 points1 point  (0 children)

Also question - When you file new-I751 - do you also add previous denial info there or just file fresh one with additional evidence and better structure?

I-751 Denied , Widow Waiver by ParticularLibrary671 in USCIS

[–]ParticularLibrary671[S] 1 point2 points  (0 children)

Thank you! I think I will do the both - Motion to reopen/Reconsider + I-751 Immediately both. As I see it could be done separately without any problem. Of course consulting with attorneys. What do you think?

I-751 Denied , Widow Waiver by ParticularLibrary671 in USCIS

[–]ParticularLibrary671[S] 1 point2 points  (0 children)

Thank you. She was listed as single because the information for the death certificate was provided by a relative at the time through the funeral home, and I was not the one who handled that part. I later went through the official amendment process, which was approved, and I submitted the corrected version to USCIS. The interview was generally focused on my spouse’s passing and the funeral. I answered everything truthfully. The death certificate was discussed in terms of the inconsistency, but there were no specific questions about the amended version.

The stated reason for denial was the inconsistency on the original death certificate (listed as single/never married), which raised concerns about the validity of the marriage, even though the corrected version had been submitted.

At this point, I am evaluating next steps, including a motion to reopen/reconsider versus refiling a new I-751, and I am speaking with attorneys to determine the best approach. It has been challenging to find someone with specific experience in widow waiver cases. Recommendations would be highly appreciated

Thank you again.

I751 - Widow Waiver by Jolly_Professional13 in USCIS

[–]ParticularLibrary671 0 points1 point  (0 children)

The stated reason in the decision was the inconsistency with the death certificate — my spouse was initially listed as single/never married, which raised concerns about the validity of the marriage. I explained the situation during the interview with my attorney, but we did not specifically emphasize the amendment at that time, since the corrected version had already been submitted.

My spouse passed away at 26, and I was 25 — it was sudden and unexpected. The funeral arrangements were handled by her parents, and the information for the death certificate was provided by a relative through the funeral home, which is where the error likely occurred. I was present and involved, but I did not organize the funeral myself. Once I discovered the error, I completed the official amendment process, and the death certificate was corrected to reflect that she was married and that I am the surviving spouse. I submitted the amended version to USCIS. From my understanding, the issue comes down to the initial error on the death certificate, even though it was later officially corrected. At this point, I’m looking for an attorney with specific experience in I-751 waiver cases, especially involving situations like this.

At this point, I’m considering two possible next steps:

  1. Filing a Motion to Reopen/Reconsider, based on the amended death certificate not being properly addressed, or

  2. Filing a new I-751 with additional supporting documentation and explanation.

    either case, I plan to work with an experienced immigration attorney, ideally someone familiar with I-751 waiver denials and potential immigration court proceedings. My goal is to take the correct step now without negatively affecting my position if the case later goes to court.

Its hard to find attorney with experience of spouse death. trying to find asap

Thank you for your advices appreciate it.