After Death of USC spouse!

[Sibtain 1]

Hello guys!

I got a question if some one know the answer with proof then reply please.

If USC spouse will die before completing the 3 years for applying Naturalization then he/she would be eligible for appying or he/she will have to wait 5 years?

I have read all visa journey threads and informations but never read about death & its effects on Naturalization.

Here is Visa journey link only after Divorce effects,

http://www.visajourney.com/forums/index.ph...s-immigration-e

I m looking forward for early response.

Thanks

Edited March 4, 2010 by Sibtain

[imzadi 0]

Hi Sibtain,

if the USC spouse dies before the 3 years have passed, the foreign spouse would have to wait until the 5 year mark.

Sad as it is (adding insult to the injury), but that's the rule. I can't remember where exactly I read it (maybe in the instructions for the N-400?), but I know for sure it's true.

This would apply even if one files for naturalization and the USC spouse dies between filing and the oath. The foreign spouse will have to wait until he/she meets the residency requirements of 5 years.

Hope this helps and this is just a hypothetical question and you are not actually in that situation.

[lucyrich 20]

Imzadi has it right. The spouse would have to wait until holding permanent residency for five years.

For a simple "plain english" explanation, see the N-400 part 2. In order to check box B you'd have to still be married to your spouse.

For a more detailed explanation, see 8 CFR 319.1 (b) (2) (i): Divorce, death or expatriation. A person is ineligible for naturalization as the spouse of a United States citizen under Section 319(a) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated.

Note that section 319(a) referred to above is the part of the INA that allows the spouse of a USC to naturalize after having held the green card only three years, instead of five.

Note also the language "before or after the filing of the application". That means that, even if the spouse is alive when the application is filed, if the spouse dies at any time before the oath of citizenship is taken, then the alien is ineligible for naturalization based on the "three years married to USC" rule. That seems cruel, but that's the way the law reads.

[Sibtain 1]

Hi Sibtain,

if the USC spouse dies before the 3 years have passed, the foreign spouse would have to wait until the 5 year mark.

Sad as it is (adding insult to the injury), but that's the rule. I can't remember where exactly I read it (maybe in the instructions for the N-400?), but I know for sure it's true.

This would apply even if one files for naturalization and the USC spouse dies between filing and the oath. The foreign spouse will have to wait until he/she meets the residency requirements of 5 years.

Hope this helps and this is just a hypothetical question and you are not actually in that situation.

Yes dear i m in that situation.

[imzadi 0]

Yes dear i m in that situation.

Oh Gosh - I'm sorry to hear that! My heartfelt sympathy for your loss!

Hope you have lots of fine memories of your husband/wife. He/she will go on in your heart.

Every sunset brings us peace, every sunrise brings us hope!

My best wishes for your future!