I am South African and I was working on a cruise ship when I met my husband , a US citizen. We married 5 months later and I never left the country since then. We filed for a change of status and it was a long process. In the meantime, he fell ill for the last 5 years and he passed away on the 21st April 2016. A few months ago, I was called for an interview by immigration office. And 4 days ago, I received a letter of denial for a change of status because of my crewman visa, and am ordered to leave to country in 30 days. Is there something that can be done?
The general rule is that one can’t adjust status from a crewman visa to get a green card through marriage. Had you married your ex and then applied for a visa at the consulate in South Africa that may have resulted in success or had u applied for a fiancé visa and then entered the states and got married. Without knowing all the facts and issues of the case, that is my guess. You need to retain counsel to review all the documents and look at all the evidence to form a proper opinion and strategy.
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