Wife died between filing and interview

[Going through 5,671]

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

Have him send a letter to the field office handling his case, requesting the N400 be withdrawn (he can also include a copy of the death certificate with his letter).  Or he can make an infopass appointment and hand over the letter.

[Unidentified 2,930]

16 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

 

It always amazes me when people are more concerned about citizenship and not the fact that someone's loved one just died. Isn't a spouse way more important than citizenship? People have weird prioritize. 

[Russ&Caro 1,549]

2 minutes ago, Unidentified said:

It always amazes me when people are more concerned about citizenship and not the fact that someone's loved one just died. Isn't a spouse way more important than citizenship? People have weird prioritize. 

How is it possible to read such intent into Sukie's story of her acquaintance? I see nothing in the story that indicates the person is more concerned about citizenship than the death of their spouse. As you might say, people have weird reading comprehension skills.

[Going through 5,671]

15 minutes ago, Unidentified said:

It always amazes me when people are more concerned about citizenship and not the fact that someone's loved one just died. Isn't a spouse way more important than citizenship? People have weird prioritize. 

I think it's more that Sukie's also sympathizing with the guy immigration-wise, since he was so close to the finish line of citizenship...and now is all of a sudden set back 2 years, ontop of having to deal with the death of his spouse.

[Zombie69 363]

18 hours ago, Sukie said:

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

Hi, Sukie, first of all, my condolences to your friend's wife, I am sorry to hear that. I got the experience myself of dealing with immigration in the midst of the passing of my spouse. My husband passed away 3 days after the 400 interview. My interview was on 3/26/2018, I had 400 and 751 pending while my husband was very sick before he passed. First of all, DO NOT CONCEAL ANYTHING .Your friend's U.S citizen wife passed away, then he HAS to disclose that,  you can't just keep it under wraps, that is definitely one of the legal reasons for USCIS to catch him up in the ### even if he is naturalized. Trump administration particularly has been aggressive in denaturalizing applicants who illegally procured their citizenship. In my situation, my husband was still alive during the interview and I had a packet to request to grand the expedited oath ceremony not only to prove my husband was too ill to go to go to the possible 751 interview, but also to request the approval of 751 and 400 on the spot so they could swear me in as an emergency based on humanitarian ground. I had a packet I prepared myself with loads of medical records and dr's letters and a central argument requesting to the district director to approve my 751 and 400 based on humanitarian ground. I was pushing for immediate swearing in because I would like my husband to see me become a citizen before he passed arguing if there were not anti gay laws( anti gay marriage prop 8 in CA and Defense of Marriage Act that barred LGBT community from applying for federal benefits like immigration and tax) prior to 2013, we would have been able to get married earlier and he would have been able to see me become a citizen which was one of his last wishes. I also had a huge packet of additional evidence that I had been collecting, but the officer told me I had previously submitted more than enough evidence for 751, so he didn't take that packet. The officer took my packet to request the expedited oath ceremony and he said he was in charge of 400, and could not give me a decision because my 751 was pending, so I repeatedly urged the urgency of the matter and he said he would talk to his supervisor ASAP, 3 days later, my love passed, and I was advised by my lawyer to immediate go to USCIS as an emergency with the mortuary letter to request to immediately covert my joint 751 to a widower's waiver 751 application and inform them that i would submit my husband's death certificate when it was ready(It took LA County about 10 days to produce his death certificate), so 10 days later, I went to USCIS again as an emergency and submitted my husband's death certificate, and roughly a month after the interview, my 751 was approved, and in early May, I got a notification saying they have scheduled my oath ceremony for 5/23. And I thought they might reject me because the law requires the US citizen spouse to be around at the oath ceremony, but I was ordered to go to the ceremony, so I did, thinking I might have to re apply for 400 next year, so I filled out the 445 form and had to disclose the passing of my husband on the form, and it turned out that USCIS knew that my husband passed as well and they were very nice about it and even told me they had heard about my sad situation, and I was naturalized. I have a feeling that the officer probably saw my packet to request the immediate swearing in and I was so prepared and had so much evidence that he decided to use his discretion to approve my 400 and scheduled the oath ceremony for me. I did everything I legally should, I disclosed everything under oath, I was honest, I was not trying to conceal anything, and I was naturalized. So my thoughts to you is be very honest, you have to be law disclose everything to the immigration officer, if you hide, that is against the federal law and you are not supposed to lie under oath. I hope that helps a bit.

Edited July 26, 2018 by Zombie69

[NYCruiser 423]

3 minutes ago, Sukie said:

C'mon, Cruiser.  I was asking HOW he should proceed - and now I have the answers.  Hope your process is going well.

 

Sukie in NY

Yes me'am...The waiting game. I am ok with it

[Penguin_ie 5,993]

*****  closed  per Op request ******