Matter of Rose
January 26, 2010
**Petition to remove conditional basis of permanent residence status when petitioning spouse is deceased**
The death of a petitioning spouse during the 2-year conditional period excuses the general requirement that a petition to remove the conditional basis of an alien spouse’s status must be “joint.” Thus, a separate waiver under INA section 216(c)(4) is not required if the surviving spouse timely files an I-751 petition requesting removal of the conditional basis of his or her status and appears for a personal interview. In this case, a separate section 216(c)(4) waiver of the general requirement that a petition must be jointly filed is not required because the petitioning spouse is deceased.
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