Wife died between filing and interview

[Sukie 1,459]

I have a good friend who has been helping a guy from Peru or Ecuador (not sure) in preparation for his N-400 interview on August 2nd.  Unfortunately, his USC wife died between the time he filed his paperwork and the time of his interview.  He is applying based on marriage.  However, I do NOT know if it's an I-751/N-400 combo interview.  I am assuming it is not, as there was no requirement for his wife to be there.

 

Does he tell them his wife is dead?  Does he keep it quiet and just get through the interview?  Because he is getting his citizenship through his marriage, would keeping quiet constitute fraud?  Neither of us want this guy to do the wrong thing, and I have no idea what to say my friend, his coach.

 

I need to guide my friend as to how to coach him and tell him the proper thing to do.  He is not a native English speaker.  I've never seen a post from someone whose spouse has died in the interim.  What are the rules?

 

Thanks so much!  And please, no guesswork.

 

Sukie in NY

[Sukie 1,459]

OK - I have found the answer.  Unfortunately, the poor guy must now wait another two years, and he will have pay AGAIN to file an N-400.  I feel so sorry for him...

 

Sukie in NY

[CarlHamilton 252]

18 minutes ago, Sukie said:

Does he tell them his wife is dead?  Does he keep it quiet and just get through the interview?  Because he is getting his citizenship through his marriage, would keeping quiet constitute fraud? 

As a frequent poster, you know the answer to this.  He should always tell the truth, and yes, hiding it would be fraud.  I don't know what you mean by "coaching," but you shouldn't train anyone to lie to USCIS.  

[TNJ17 1,329]

He needs to tell the truth and unfortunately he can’t apply now because he doesn’t qualify. He’s gonna have to wait until the 5 years are up now. 

[Crazy Cat 41,836]

8 minutes ago, Sukie said:

OK - I have found the answer.  Unfortunately, the poor guy must now wait another two years, and he will have pay AGAIN to file an N-400.  I feel so sorry for him...

 

Sukie in NY

I'm glad you found the answer.  It would have terrible if his citizenship had been approved, then later revoked....

Edited July 25, 2018 by missileman

[Sugarlegetiti 566]

He should not have filed in the first place since the wife died before he filed. Now he has to wait till 5years.

[Sukie 1,459]

1 minute ago, Sugarlegetiti said:

He should not have filed in the first place since the wife died before he filed. Now he has to wait till 5years.

You did not read my message.  She died AFTER he filed.  And he only has to wait two more years.  Not 5.

 

Sukie in NY

[Sukie 1,459]

9 minutes ago, shomer said:

As a frequent poster, you know the answer to this.  He should always tell the truth, and yes, hiding it would be fraud.  I don't know what you mean by "coaching," but you shouldn't train anyone to lie to USCIS.  

Coaching in English, and in memorizing the answers to the questions.  Not coaching to lie.

 

C'mon.  You know me better than this.

 

Sukie in NY

[Sukie 1,459]

So does he call USCIS?  Does he front up to his interview with a copy of his wife's death certificate to withdraw his application?  What are his next steps to make sure he does things correctly?

 

Sukie in NY

[Sugarlegetiti 566]

4 minutes ago, Sukie said:

You did not read my message.  She died AFTER he filed.  And he only has to wait two more years.  Not 5.

 

Sukie in NY

Sorry  about that you are right, I  thought the wife died before he filed

Edited July 25, 2018 by Sugarlegetiti

[Sugarlegetiti 566]

3 minutes ago, Sukie said:

So does he call USCIS?  Does he front up to his interview with a copy of his wife's death certificate to withdraw his application?  What are his next steps to make sure he does things correctly?

 

Sukie in NY

He has to call USCIS tell them the  truth and they will tell him what yo do next.

[Amadia 711]

He can provide the death certificate showing the date of death.....they would see that he wasn't withholding information from them.

[Orangesapples 1,954]

4 hours ago, Sukie said:

OK - I have found the answer.  Unfortunately, the poor guy must now wait another two years, and he will have pay AGAIN to file an N-400.  I feel so sorry for him...

 

Sukie in NY

While it's a bummer he will have to apply again, I honestly feel that this really pales in comparison to losing your spouse. I'm so sorry for his loss, I hope he can move forward one day. 

[Hypnos 6,576]

Withdrawing the N-400 prior to the interview may be advisable. As you say, sadly his naturalisation cannot be approved under those circumstances. 

[Dashinka 24,488]

12 hours ago, Sukie said:

So does he call USCIS?  Does he front up to his interview with a copy of his wife's death certificate to withdraw his application?  What are his next steps to make sure he does things correctly?

 

Sukie in NY

Personally I would schedule an Infopass appointment and have them go with the death certificate to formally withdraw the application (since the local office handles the N400).  There was a similar story in the ROC forum from @Zombie69 where his husband unfortunately died after the interview, but he was able to still go to the oath.  He may have more information regarding this type of situation.

 

Good Luck to your friend!