Does US Visa Law Penalize My Thai Fiancee if I Die?

The following article explains the "widow penalty." Inconsistencies in the United States Immigration and Nationality Act have the effect of placing the widows and widowers of U.S. citizens in an untenable position if the spouse before some Americans will pass the critical stage of immigration process.United States immigration is a serious area of law that has been driven high. Some aspects of U.S. immigration are very complex and very complicated area produced the convergence of two events that do not multi-national couple wants to think, premature death and loss of status, in situations where a U.S. visa . Is based on marriage to a U.S. citizen to a foreign bride in the final analysis, the acquisition of lawful permanent resident without conditions, the foreign spouse has to go through a series of due diligence investigations for the government to ensure that the marriage of reality that is true . To some extent, the U.S. government began to scrutinize a couple of time a United States citizen must submit an application to sponsor a foreign bride for a K1 visa. After preliminary approval, the file will be sent to the Embassy or Consulate with jurisdiction, the girlfriend of residence abroad. The consulate will interview candidates and believes that the marriage is genuine, which issued a K1 visa. The girlfriend of foreigners will be to pass through a checkpoint at a port of entry into the U.S., where officers of Customs and Border Protection will do another check admissibility.After legally permitted in the United States, the promised Foreigners have 90 days to marry the American citizen and adjust status to permanent residence. In most cases, the marriage is performed and the foreign spouse is approved for the adjustment, so their lawful permanent resident status. After two years of conditional permanent resident status, a foreign spouse, together with the husband of America, has been required to have withdrawn the conditionality of residence, and then make an unconditional legal permanent resident. The widow penalty, "" may come into play before the approval of adjustment of status or approval of the petition to bring the conditions of stay. American citizens, if the spouse dies before the approval of a request, you can create a difficult situation for a foreign spouse in which the applicant does not meet the requirements for the lifting of conditions or adjustment. Therefore, the widow may fall outside the foreign state, which is no longer married to an American. The federal courts of the United States have attempted to address this issue, the interpretation of the law in a way that allows foreigners to remain widows in the United States. The Homeland Security Department has also taken steps to exit the inspection of foreign widows and widowers to provide some form of amnesty for people in this very difficult position.This has not been fully addressed, as there are many conflicting interpretations of current law. In general, the mood of the judges seems to be in favor of ending the death penalty call, because the application of the law in its present form, leads to unfair results for immigrants already in the United States.