Husband (US Citizen) died, what now

[Lika 0]

Hi everybody,

friend of mine, who is originally from Rep. of Georgia got married almost four years ago, and married an American who was sent from USA to Germany and then to Rep. of Georgia from work (government). After wedding they went back to Germany and she got her visa in a yellow envelope that she gave here at the POE, in her passport she has I551 stamped (that means, she doesn't know what type of visa she has). Right now she has 10 year green card, which was issued with wrong date, so she returned it to change the date on the GC, she has not got it back yet. This year in October she is already entiteled to file for her American Citizenship. Well, two days ago her husband passed away and now she does not know what to do. Does anybody know, if she gets her citizenship faster or what she has to do in general, as far as immigration and citizenship. She wants to take his ash to her country and burry it there and right now, she cannot even travel. Please, help us, if you can.

Thanks a lot,

Lika

[arwensun1965 1]

Sorry for your friends loss, I think the best way to handle this would be to seek the advise of a lawyer.

Janice

[Kez/JWolf 6]

If your friend has a I-551 stamp in her passport then she is able to travel and work... she is a LPR.

She should take legal advice about what she needs to do now...

Kezzie

[diadromous mermaid 36]

If your friend has a I-551 stamp in her passport then she is able to travel and work... she is a LPR.

She should take legal advice about what she needs to do now...

Kezzie

Agreed. There should be no issue with work or travel if she has the 10-year card, or an I-551 NOA.

Spouse of deceased US citizens

Spouses of U.S. citizens may naturalise after three years instead of the normal five years. Pursuant to INA §319(a) and the related regulations, if the following requirements apply:

a. The spouse of the applicant must have been a US citizen during the entire three year period;

b. The alien and US citizen spouse must be living in marital union during the entire three year period;

c. The alien must be physically present in the United States for at least eighteen months during the three year period and have resided within the state or district of the USCIS where the application is filed for at least three months;

d. Good moral character need only need only be established during the three year period; and

e. Permanent residence status and marriage to the United States citizen must coincide for the entire three year period.

Since she has only been an LPR for 2 yrs and 8 months, and therefore does not meet criterion 'e', I believe she will have to wait the additional 2 years, unfortunately, unless her spouse died while in service with the armed forces.

Edited August 26, 2006 by diadromous mermaid