N-400 Application Pending US Citizen Spouse Passed Away

[Rose1989 0]

Hi, everyone, 

I got my green card April 2014, applied for naturalization January 2017, it was pending ever since. My husband passed away May 2017. I have notified the local branch of USCIS through a letter of his passing with a copy of his death certificate. I have already done my finger printing and paid my application fee. Would my application be rejected without a refund because this is indeed not my fault; however, I do not qualify for the "three-year-rule" due to his passing. What will happen regarding my case? What should I do about it? Thank you very much!

[Ontarkie 14,321]

~~Moved to USC General Discussion, from Effects of Major Family Changes - As the question is about the N400 process after the loss of her spouse.~~

 

 

 

[daigo 39]

Unfortunately, you no longer qualify under the three-year rule. Here is what the regs say:

 

Quote

(2) Loss of Marital Union.

 

(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. Eligibility is not restored to an applicant whose relationship to the citizen spouse terminates before the applicant's admission to citizenship, even though the applicant subsequently marries another United States citizen.

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-31517/0-0-0-31522.html

 

I can't say if there is a possibility of recouping your fees, but I suspect not. Someone else might know and weigh in on whether the fees may be refunded. You can also try speaking to USCIS (tier 2 officer on their customer service line or infopass). It seems so harsh, I'm sorry.