Confused...

[~*Dorothy*~ 2]

My question is two fold:

1. Does a widow who just received approval on her I-751 is eligible to apply for citizenship within the 3 year window granted by marriage to USC? (her husband passed on March of 2008)

2. If she does then do we fill out the form as if her deceased husband is still her spouse?

Any clarification on the subject would be much appreciated.

Thank you in advance!

Best,

Dorothy

[lucyrich 20]

No, a widow is not eligible to file for citizenship under the 3 year rule. If the marriage ends for any reason at any time before citizenship is granted, the alien spouse is ineligible for citizenship under the 3 year rule. There have been cases where the USC spouse died after the citizenship interview but just before the scheduled oath, and the alien was determined to be ineligible to take the oath. It's sad and not fair, because the marriage ended through no fault of the alien, but the law is clear on the point.

A widow, like any other green card holder, is eligible for citizenship after five years, and may file 90 days before the five years of LPR status are complete.

[~*Dorothy*~ 2]

Thank you - this is what I was suspecting and just wanted to make confirm.

[NickD 203]

Thank you - this is what I was suspecting and just wanted to make confirm.

It's all in that 68 page M-476 manual I could never find a printed copy of, so had to download and print it out and read it and reread it. We ran into the same situation with our daughter, she just turned 18 right after we could apply, still in high school, still a dependent, still unable to buy a drink, but 18 years old. Based on our marriage date, if the USCIS wasn't so damn slow, we would have made it.

She also got screwed out of her 600 bucks stimulus check, did earn a tad over 3,000 bucks in a part time job that barely fills her gas tank for a week, but the IRS looks at it as being a zillion bucks when you earn it. We had to claim her as a dependent due to our extremely high tax rate. Yes I talked to my senator and congressman about this, it isn't fair, but it is the law. Her only means of transportation to her school she is required to attend by law is with a private car four miles away on the other side of town.

[Stella08 0]

There are special regulations for military spouses:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Posthumous Benefits

Section 329A of the INA provides for grants of posthumous citizenship to certain members of the U.S. armed forces. Other provisions of law extend benefits to surviving spouses, children, and parents. A member of the U.S. armed forces who served honorably during a designated period of hostilities and dies as a result of injury or disease incurred in, or aggravated by, that service (including death in combat) may receive posthumous citizenship.

The service member’s next of kin, the Secretary of Defense, or the Secretary’s designee in USCIS must submit the application for posthumous citizenship within two years of the service member’s death by filing USCIS Form N-644.

Posthumous citizenship establishes that the deceased veteran is considered a citizen of the United States as of the date of his or her death. The deceased veteran’s Certificate of Citizenship allows certain qualifying family members to apply for naturalization benefits under section 319(d) of the INA if the family member meets naturalization requirements other than residency and physical presence. The family member may also remain classified as an immediate relative for obtaining lawful permanent residence.

For other immigration purposes, a surviving spouse (unless he or she remarries), child, or parent of a member of the U.S. armed forces who served honorably on active duty and died as a result of combat, and was a citizen at the time of death (including a posthumous grant of citizenship) is considered an immediate relative for two years after the service members dies and may file a petition for classification as an immediate relative during such period. A surviving parent may file a petition even if the deceased service member had not reached age 21.