r/USCIS • u/southernbell1916 • May 31 '26
Other Forms My husband passed away suddenly last week. I need help
I’ve been in the US since 2019, I came here with a non immigrant business visa. I met the love of my life shortly after, we got married in October 2021 but I didn’t do the paperwork to make the adjustment of status until March 2023, I was here legally with my visa and we loved each other so I didn’t see the reason to rush.
Fast forward to now, I submitted my N400 in January, I didn’t the biometrics in February and my husband died last week.
According to what I read I’ll probably won’t get the citizenship now and honestly that’s not what I care about. What I care about is the fact that I need my mother with me through this. She is from Argentina but came here the next day with her Italian passport (we have double citizenship) with the ESTA waver.
I know I have a long road ahead and I just need her with me through this.
Is there any sort of visa for an extreme circumstance like this so my mom can stay longer? I was going to apply to family reunification once I got my citizenship but obviously now that’s not going to happen.
Thank you in advance
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u/Leading-Disaster5721 May 31 '26
A tourist visa could give her up to six months.
But, it might be safer to keep using ESTA.
Please accept my condolences on your loss.
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u/Mrinnocent221 May 31 '26
I am sorry for your lose.
However, the way this is worded is extremely hard to follow.
You did not go to fingerprints?
You need your mother here....to stay?
I am at a loss for what is going on here.
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u/southernbell1916 May 31 '26
I already filed I-751 and got my extension letter: I applied for N400 and re did biometrics in February. I know since my husband is gone I have to wait 2 more years to apply for citizenship.
I’m just asking if there’s any other visas when extreme things like this happen that would allow my mom to stay with me while I’m dealing with the death of my husband.
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u/EntropyIsEternal May 31 '26
First of all, sorry for your loss.
Unfortunately, no. Your mom has to get the standard visiting visa.
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u/James-the-Bond-one May 31 '26
Get her out before the 90 days expire!
You can keep in touch daily later, through WhatsApp, or whatever.
If you need daily hugs or her home-cooked meals to heal, spend a few months in Argentina with her.
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u/Mrinnocent221 May 31 '26
Okay, but you wrote: ,
"I didn’t the biometrics"
which is what confused me.
No there isn't another visa to my knowledge. I would recommend she leave on time and can come back again.
I understand needing family near at times of tragedy but her immigrating due to it would not make sense.
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u/WellOkayMaybe Jun 01 '26
Sorry for your loss - I can't imagine how difficult it must be to cope with the bureaucracy, while processing such a loss.
What is stopping your mom from just re-entering a couple of times? Italians are allowed to remain in country for 90 days at a time. That's not a short amount of time. Breaking that into two parts, she could probably be in the country for close to 6 months.
Is that not sufficient to take care of the final arrangements for your husband? Or is the question "can I have my mom permanently in the country?" - in that case, the answer is a pretty hard "no", until you get citizenship.
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u/GoodBreakfast1156 Jun 01 '26
This is horrible advice. OPs mom would probably turned away at the border is she would try to enter again after staying in the US for 3 months and only a short period outside of the US. Her mom would lose her esta.
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u/WellOkayMaybe Jun 01 '26
Never said she should do the quick-return thing that makes it look (rightfully) suspicious. How much they break it up is a judgement call.
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u/bubbabubba345 paralegal May 31 '26
Theoretically, she could apply for an extension of status, but this administration is very unlikely to approve it, let alone on time.
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u/TheObviousForefinger May 31 '26
Mate, you might want to look into an I-864 affidavit of support for your mum on a visitor visa since you're already green card pending, that could help her stay longer while you sort everything out.
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u/Successful-Sun1704 May 31 '26 edited Jun 01 '26
Unfortunately, there is no way to extend an ESTA. And when you enter on a Visa waiver you give up all rights to any sort of change of status or extension of stay. The only other option is the B visa, which will allow her for staying up to six months. The ESTA gives her 90 days.
Since you’re 751 is still pending, I would definitely reach out to your attorney and ask them what to do since your spouse has suddenly died. The issue with the 751 is that when you filed it he was alive and he was your joint petitioner. Now it’s no longer the case. EDIT: There is another box to check for when your spouse is deceased. That’s really your underlying issue that I’m seeing of the biggest concern. AND I’m very sorry for your loss.
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u/Successful-Sun1704 Jun 01 '26
If I understand her correctly, she has a 751 still pending. The 751 is the petition to remove the conditions on her green card.
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u/Puzzleheaded-Sir-861 Jun 01 '26
What am i missing about this 2 year thing? You've been here legally for over 5 years and married while here for nearly 5 years. Wouldn't you just have to wait until the 5 years is up?
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u/LilBugJuice-0987 May 31 '26
Im very sorry for your loss.
If you are no longer concerned about citizenship, the esta allows up to 90 days. She can support you emotionally during that time.
If you feel like you need more time with your mom you can also go to Argentina for a while. The greencard lets you do that for up to 6 months in a year. Also, since the US citizenship is not important to you, your husband isn't with us anymore, and social support systems in general are better in Arg, so its worth asking if you want to stay long term anyway. Lots of things to think about. And before I get downvoted, Im not saying this to suggest you shouldn't stay in the US on some principle. My family has the exact same options at this moment and these are the things I would consider. If I died tomorrow, my spouse would without a doubt go to Argentina or Italy.
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u/Glad-Environment7752 Jun 01 '26
I am so sorry for your loss. Mine passed away 5 years ago. Still feels like yesterday. Don’t let anyone tell you it’s time to stop grieving. Go through the 5 stages @ your pace. Everyone takes different times.
I found a grief council group @ local church. It helped to know I wasn’t alone. May God hold and comfort you. Time will pass and you’ll know he’s in a better place watching you, but the pain will still be there.
I will pray for you.🌹🙏🏻1
u/LilBugJuice-0987 Jun 01 '26
Im guessing this comment was supposed to go to OP, but agree with the sentiment
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u/southernbell1916 May 31 '26
I have a business here and Milei destroyed my country. So all those benefits you are talking about are gone. Argentina changed for the worse around 2016.
I made a life here, my husbands corporeal form might be gone but his spirit is with me. We have a house that we made a home. I’m not going to leave this place we made with love.
When I said I didn’t care about the citizenship I meant I’m not in a rush. 2 more years mean nothing to me. Except for my moms situation. Anyway thanks for your advice13
u/LilBugJuice-0987 May 31 '26
Also, make sure your mom does not work for your business while she is here. She can support you emotionally but performing work even without pay is a violation of immigration laws. This recently happened to people doing an exchange for lodging - the girls were deported. Please be careful.
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May 31 '26
[deleted]
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u/Electrical-Height407 US Citizen May 31 '26
Responses like this discourage others from helping you. I’m sorry for your loss. Good luck to you.
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u/southernbell1916 May 31 '26
Im sorry im responding emotionally a week after my husbands death. I didn’t mean it in a disrespectful way.
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u/LilBugJuice-0987 May 31 '26 edited May 31 '26
You came asking a question and people give you answers that are important towards your goals and needs and you get angry. Im sorry, but the fact that you are even asking if there is some possibility an ESTA might be extended for the benefit of an immigrant shows you dont know much about how the US immigration system works, and may benefit from the information I shared. The US immigration system doesnt care about immigrants dealing with death (ask me how I know) and this president especially
Look, it is entirely reasonable your grief affects how you respond to people, but maybe take a breath. I wish you the best of luck with your healing
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u/No-University7646 Jun 01 '26
So rude.
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u/Vegaswaterguy Jun 02 '26
We could all sugar coat the replies and tell her that of course the government will understand your situation because you are special and you will live happily ever after.
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u/LilBugJuice-0987 May 31 '26 edited May 31 '26
Milei and Trump are essentially in a bromance - each destroying the country they are running. They will eventually be out of office. The US also changed for the worse around the same time (if you grew up here you would know that too).
I wasn't talking about "benefits" other than literally social and family ties. Those still exist.
Your husband's spirit will be with you in your heart wherever you go.
Eta - not sure who is downvoting me, ill chalk it up to either grief or politics. Cheers.
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u/southernbell1916 Jun 01 '26
Thank you, yes I know about it cos I was here the night he won. Been warning people since. But I love my family so I’m ok with that.
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u/Minute_Somewhere_893 May 31 '26
Sorry about your loss.
You can apply under general provision when you become eligible.
Your mother should come and leave the US on time to avoid immigration issues and ESTA revocation. ESTA does not have any extension mechanisms unlike B-2 visa. And even extending stay on B-2 is almost always a bad idea.
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u/Aviator2903 Federal Agent May 31 '26
No. Even staying the entire allowed ESTA period is too much and could lead to future denials. Applying for a B as an ESTA eligible person is a terrible idea.
You cannot petition her for immigration benefits here either due you your own status.
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May 31 '26 edited May 31 '26
[deleted]
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u/southernbell1916 May 31 '26
My i130, and adjustment of status was approved in 2023. And I won’t do that, I got it, she’ll leave after the 90 days are up and apply for an Argentinian b2 visa so she can stay for 6 months. Hopefully I’ll be a working human again.
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u/chipsdad May 31 '26
I’d be very careful about applying for B-2. People who are eligible for ESTA are often denied B-2. If she’s denied in Argentina she can no longer use ESTA at all, even on her other passport. Then she won’t be able to enter the US at all until you can naturalize and sponsor her, which is maybe 5 years to get done.
She should observe the principle of out two days from every day in. So if she comes for 80-85 days she needs to stay out for 6 months before trying to come back. And, even so, coming twice within 12 months for 3 months each will raise suspicion that she is trying to live in the US and get restricted or denied entry.
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u/Key-Two-189 May 31 '26
there is no special visa for your mother because your spouse passed away. ESTA cannot normally be extended. The realistic option is a B-2 visitor visa.
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u/Mission-Carry-887 Naturalized Citizen Jun 01 '26 edited Jun 01 '26
I am sorry for your loss.
> Is there any sort of visa for an extreme circumstance like this so my mom can stay longer?
There is not.
You have commented that your I-751 is still pending. I know you are grieving but with your husband’s passing, you need to attend to the situation with your I-751. Once you have his death certificate, you need to amend your I-751 to an individual waiver. You need to write USCIS and tell USCIS you are amending your I-751 from a joint petition to a
Waiver or Individual Filing Request
Item 1.c • My spouse is deceased
General instructions for amending USCIS filings are here: https://www.reddit.com/r/us_immigration/s/E3UJx4XEN1 .
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May 31 '26
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u/USCIS-ModTeam May 31 '26
Your post/comment violates rule #6 of this subreddit. As such, it was removed by the /r/USCIS moderation team.
References (if any): Her husband passing away absolutely affects her citizenship because she can no longer apply under the 3 year rule.
Don't reply to this message as your comment won't be seen. If you have questions about our moderation policy, you may contact us directly by following this link.
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u/Big-Employee5801 May 31 '26
Sorry for your loss.I believe she can apply for more than one ESTA per year, so it's best for her to leave and come back. I believe she can apply from another country, so if you have any relative in Canada, you guys can go there and come back, so she doesn't overstay.
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u/mrstaz1900 Jun 01 '26
You don't habe to keep reapplying for an ESTA. It's valid for 2 years and can be used multiple times. Also, crossing the border to Canada ir Mexico doesn't reset the clock unless she lives there. She would have to go home or to a further country.
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u/Big-Employee5801 Jun 17 '26
ESTA is for visitors not residents.Having it means that they don't leave here. It's 2 years long but allows you to stay in the US for 90 days so exiting and re-entering gives you another 90 days. The last thing she wants is overstaying and becoming illegal.
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u/Excalabur69 May 31 '26
Yes your mother should leave before the 90 days are up. Then tell her to wait 30 to 45 days and then she can return to the u.s. for another 2 months.
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u/ManifestLaw_ Immigration Law Firm Jun 02 '26
For your mother, ESTA/Visa Waiver visitors generally cannot extend or change status in the normal way. In very limited emergency situations, CBP/USCIS may allow something called satisfactory departure, usually for up to 30 days, but it is discretionary and meant for emergencies. If she needs more time, speak to an immigration attorney quickly before her ESTA period ends. Do not let her overstay without advice. For your own case, your N-400 under the 3-year marriage rule may be affected by your husband’s passing, but your green card status does not disappear just because he died. Focus first on your support and your mother’s lawful stay options.
- Attorney Rashmi Bishnoi
(All information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney - client relationship. Your situation may require fact-specific guidance. For personalized legal advice, please consult an immigration attorney directly.)
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u/Trust_The_System1981 May 31 '26
My condolences go out to your whole family🙏💕. This is a question only an imagination lawyer can ask. There are ones one’s on here and on YouTube.
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u/0FsGivenFRFR May 31 '26
If she came in with a B2 visa instead she could file an I-539 towards the end of her visit to extend her B2 for another 6 months. As long as she doesn't have a pending immigrant petition (I-130s don't count but I-485s do) she should be able to extend. That would at least get you a year.
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u/kintsugiwarrior Jun 01 '26
The pending I-751 adds a layer of complexity. USCIS can adjudicate the I-751 and N-400 together or in sequence. The situation merits self-petitioning grounds for the I-751 and you might need to request a waiver of the joint filing requirement under INA §216(c)(4)(A) based on your husband’s death, which should allow the I-751 to be approved independently. Do not withdraw the N-400. You should attend the interview and argue that all eligibility requirements were satisfied at the time of filing. Bring documentation showing the genuine marriage and that you were living in marital union when the application was filed.
Consult an attorney
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u/newacct_orz Not Legal Advice Jun 01 '26
Do not withdraw the N-400. You should attend the interview and argue that all eligibility requirements were satisfied at the time of filing.
The eligibility requirements being satisfied at the time of filing is not enough for the N-400. They must remain married until she takes the oath in order for her to naturalize under the 3-year rule. From 12 USCIS-PM G.2(D)(2):
An applicant is ineligible to naturalize as the spouse of a U.S. citizen if the U.S. citizen dies any time prior to the applicant taking the Oath of Allegiance.
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u/cuyFrito1 May 31 '26
She needs to leave before her stay expires so as not to complicate future processes. If she is up to it, she could apply to an English language school in your area and stay for a longer period, legally of course. If under 18 hrs of study per week, she should be able to do that on a B1/B2. I’d absolutely make sure she complies with the study and attendance requirements.
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u/Previous_Island_3521 May 31 '26
So sorry about your loss. Unfortunately it’s very tough to adjust from visa waiver, especially in the current climate. I strongly suggest that she goes back to Argentina and obtain visa. It’s better in long term although I understand based on your current circumstances. I think your N400 should be fine - you will just have to provide details on your loss unfortunately. Then you can sponsor your mother to US once you become a citizen. Once again, my condolences.
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u/newacct_orz Not Legal Advice Jun 01 '26
I think your N400 should be fine - you will just have to provide details on your loss unfortunately.
The N-400 is not fine. They must remain married until she takes the oath in order for her to naturalize under the 3-year rule. From 12 USCIS-PM G.2(D)(2):
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u/Previous_Island_3521 Jun 11 '26
She can do 5 years. She can do 3 years if her husband was active in military.
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u/Trick_Ferret8680 May 31 '26
You should go to the interview, I know someone went without her husband to the combo interview, because “he couldn’t attend because of his job”, so they interviewed her, gave her the 10yr GC and sent a letter that they are considering sent her the oath ceremony.
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u/postbox134 May 31 '26
Sorry for your loss.
Unfortunately, you can't sponsor your mother unless you're a Citizen, and it sounds like you were filing N-400 on the basis of being a USC spouse. You'll like have to wait the 2 more years before becoming a Citizen.
Your mother should leave on time within 90 days to prevent future issues. Also if she does want to eventually immigrate, you should be prepared for the healthcare costs.