husband died before the 3 yr wedding anniversary

[xtin 0]

hello everybody! I have tried to put off to ask this question. I think its time for me to know when do i need to apply for citizenship. I lost my husband last year with cancer. Before he died we called the USCIS 1-800 number to asked if I could still apply for citizenship since he would not be around on that time. Of course, knowing USCIS we have two conflicting statements from different representative we talked. One says that I would not have a problem to get a citizenship since our marriage is true. Then my husbands next question was when i can apply for citizenship, then the lady rep said that 3 yrs after the GC was issued ( which gonna be 2009). Then the other representative we talked said that i can apply for citizenship after 5 yrs.( from the GC issue date) if my husband dies before our 3 yr. anniversary. Which he died last year, we had not had a chance to celebrate my daughters 1st birthday.

Now im confused on what year im going to apply for citizenship. I would like to apply as soon as I can, as I have a 2 yr. old & I would like to petition my mom so I have help taking care with my daughter while im working. Its hard to raise a child by yourself & dont have any single family near you.

Can somebody please give some advise or anybody has some information about this situation. I would appreciate any advises or comments I receive.

Thank you all!

[Dakine 26]

Requirement for filing.

You have been married to and living with the same U.S. citizen for the last three years,

AND

Your spouse has been a U.S. citizen for the last three years.

Maybe you could try and file anyway. They can only say no. I doubt if they refund tho.

[xtin 0]

that's the thing, i dont wanna waste my $595 plus the $80 biometrics if im still not eligible to apply. that's a big money for me. thanks thou for the reply.

Edited December 13, 2008 by xtin

[diadromous mermaid 36]

that's the thing, i dont wanna waste my $595 plus the $80 biometrics if im still not eligible to apply. that's a big money for me. thanks thou for the reply.

© Loss of marital union due to death, divorce, or expatriation of

the citizen spouse. A person is ineligible for naturalization as the

spouse of a United States citizen under section 319(B.) of the Act if,

before or after the filing of the application, the marital union ceases

to exist due to the filing of the application, the marital union ceases

to exist due to death or divorce, or the citizen spouse has

expatriated.

You would become eligible to naturalise 4 years and 9 months following the receipt of permanent residency, provided that you meet all other eligibility requirements.

Edited December 13, 2008 by diadromous mermaid

[TayRivers 4]

So Sorry for your loss. You would be able to file 90 days before the 5th anniversary of your LPR status. Going by your timeline that would be sometime in Dec 2010.

[lucyrich 20]

Another echo to the comments above.

If your marriage ends for any reason at any time before taking the citizenship oath, you're not eligible to become a citizen under the "three year rule". You must wait until you've been a resident for five years, and you can send the paperwork in 90 days before you've met that five year requirement.

If you read the N-400, you're not eligible to check box 2b. You will be eligible to check box 2a after a couple of years.

For this particular issue, it doesn't matter that the marriage ended through no fault of your own, nor does it matter that the marriage was genuine.

I've read sad court cases where the couple was married at the time of filing, but the US Citizen spouse died shortly before the immigrant was ready to take the citizenship oath. The immigrant could not become a citizen, and had to re-file upon reaching the five year mark.

Sorry for your loss.

[aaron2020 11,651]

http://immigration.change.org/blog/view/wi...d_on_60_minutes

You may want to check out this 60 Minutes report. USCIS is attempting to deport the LPR spouses of USC who died before AOS. These surviving spouses have had to file lawsuits to stay in the US.

You may want to contact a lawyer.

[xtin 0]

thank you all for the reply.

diadramous do you mind to post what web site or where i can find that statement you just post. i think that's the informartion i need . thanks again.

may you all have wonderful christmas celebration!!

xtin

[Brit Abroad 166]

So sorry to hear of your loss.

I know others have commented on your marital status and the effect for citizenship, but you might also look into being the parent of a US citizen of that marriage. it may change the application type?

[English Muffin 59]

http://immigration.change.org/blog/view/wi...d_on_60_minutes

You may want to check out this 60 Minutes report. USCIS is attempting to deport the LPR spouses of USC who died before AOS. These surviving spouses have had to file lawsuits to stay in the US.

You may want to contact a lawyer.

The OP has already successfully adjusted her status so the 60 minute report will have no bearing on her whatsoever.

[TayRivers 4]

So sorry to hear of your loss.

I know others have commented on your marital status and the effect for citizenship, but you might also look into being the parent of a US citizen of that marriage. it may change the application type?

Being the parent of a USC will not allow you to file for Citizenship before the 5th anniversary of your LPR status.

[zqt3344 21]

Technically you have to be married and living with that US citizen for 3 years before filing for US citizenship.

Not sure where you would need to look but maybe you can find some waiver of this requirement under the circumstances from USCIS. Good luck and best wishes, this is a sad tragedy for you.

hello everybody! I have tried to put off to ask this question. I think its time for me to know when do i need to apply for citizenship. I lost my husband last year with cancer. Before he died we called the USCIS 1-800 number to asked if I could still apply for citizenship since he would not be around on that time. Of course, knowing USCIS we have two conflicting statements from different representative we talked. One says that I would not have a problem to get a citizenship since our marriage is true. Then my husbands next question was when i can apply for citizenship, then the lady rep said that 3 yrs after the GC was issued ( which gonna be 2009). Then the other representative we talked said that i can apply for citizenship after 5 yrs.( from the GC issue date) if my husband dies before our 3 yr. anniversary. Which he died last year, we had not had a chance to celebrate my daughters 1st birthday.

Now im confused on what year im going to apply for citizenship. I would like to apply as soon as I can, as I have a 2 yr. old & I would like to petition my mom so I have help taking care with my daughter while im working. Its hard to raise a child by yourself & dont have any single family near you.

Can somebody please give some advise or anybody has some information about this situation. I would appreciate any advises or comments I receive.

Thank you all!

[bhajishah 4]

Im sorry. for your losesJ ust file and let it fly where it does, if it doesnt them try again in two yrs. Remember to check the widow tax credit @ work and on IrS forms, i forgot to one yr. its alot of confusion i know. take care

[payxibka 10,047]

http://immigration.change.org/blog/view/wi...d_on_60_minutes

You may want to check out this 60 Minutes report. USCIS is attempting to deport the LPR spouses of USC who died before AOS. These surviving spouses have had to file lawsuits to stay in the US.

You may want to contact a lawyer.

You cannot be an LPR before AOS... only when AOS is approved are you an LPR... The OP has her 10 yr greencard and is at no risk of deportation as a result of her husband passing... She is legal and good to remain is the USA ........

Edited December 16, 2008 by payxibka

[DanielParul 50]

Since your marriage to the USC did not see 3rd anniversary, you will not be eligible for US citizenship in 3 yrs of being married. However you can apply for the same in 5 yrs (another 2 yrs). Do you have a 10 yr GC? Just continue with your LPR status for another couple of years and then apply.

Check out the uscis website. It will give you information on the same.

All the best