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DEATH OF A U.S. CITIZEN SPOUSAL PETITIONER: WHAT IS THE FATE OF THE SURVIVING ALIEN SPOUSE AND CHILDREN?

Formerly if a U.S. citizen who petitioned for an alien spouse had died within the first two years of the marriage, the widow(er) and his/her children were shown the door. The government imposed a hidebound rule that revoked any and all alien relative petitions for spouses and their children if the petitioner had died within the first two years of the marriage. This stringent rule was covered by a smokescreen, namely, that it presented fraud. This policy was in fact nonsensical because it afforded no right to the surviving spouse to prove the good faith of the marriage. A widow(er) thus suffered a double loss: the untimely death of the U.S. citizen within the first two years of marriage, and the double whammy of being excluded from the country without exception.
Now the law has been changed to be more rational and sensible. The surviving alien spouse is allowed to prove the good faith of the marriage. Thus a deserving alien spouse and children who can demonstrate that the marriage can set up an abode in the U.S. and a home for the children, which the deceased U.S. citizen would have wished for.
Formerly if a U.S. citizen who petitioned for an alien spouse had died within the first two years of the marriage, the widow(er) and his/her children were shown the door. The government imposed a hidebound rule that revoked any and all alien relative petitions for spouses and their children if the petitioner had died within the first two years of the marriage. This stringent rule was covered by a smokescreen, namely, that it presented fraud. This policy was in fact nonsensical because it afforded no right to the surviving spouse to prove the good faith of the marriage. A widow(er) thus suffered a double loss: the untimely death of the U.S. citizen within the first two years of marriage, and the double whammy of being excluded from the country without exception.Now the law has been changed to be more rational and sensible. The surviving alien spouse is allowed to prove the good faith of the marriage. Thus a deserving alien spouse and children who can demonstrate that the marriage can set up an abode in the U.S. and a home for the children, which the deceased U.S. citizen would have wished for.
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