Husband died before Oath Taking

[EireneFaith 54]

 Hello  to all

 

My friend's Naturalization was approved last December 2018. Because she has a change name it takes a while for her to get an Oath taking schedule. Last March her husband passed away. By the way she applied under 3 year rule and they have been married for less than 5 years when she was approved. This June she is scheduled for oath taking. The question is will she be allowed to have the oath taking because the husband died before the oath taking ceremony? Thank you for  reading and responding to my inquiry.

[afrocraft 313]

13 minutes ago, EireneFaith said:

 The question is will she be allowed to have the oath taking because the husband died before the oath taking ceremony? Thank you for  reading and responding to my inquiry.

Wow. That's harsh. Give her a hug for the rest of us. Here's what the USCIS Policy Manual says:

 

2. Loss of Marital Union due to Death, Divorce, or Expatriation
Death of U.S. Citizen Spouse

An applicant is ineligible to naturalize as the spouse of a U.S. citizen if the U.S. citizen dies any time prior to the applicant taking the Oath of Allegiance. However, if the applicant is the surviving spouse of a U.S. citizen who died during a period of honorable service in an active-duty status in the U.S. armed forces, the applicant may be eligible for naturalization based on his or her marriage under a special provision.

[EireneFaith 54]

3 minutes ago, afrocraft said:

Wow. That's harsh. Give her a hug for the rest of us. Here's what the USCIS Policy Manual says:

 

2. Loss of Marital Union due to Death, Divorce, or Expatriation
Death of U.S. Citizen Spouse

An applicant is ineligible to naturalize as the spouse of a U.S. citizen if the U.S. citizen dies any time prior to the applicant taking the Oath of Allegiance. However, if the applicant is the surviving spouse of a U.S. citizen who died during a period of honorable service in an active-duty status in the U.S. armed forces, the applicant may be eligible for naturalization based on his or her marriage under a special provision.

 

Thank you so much for your response. God bless.

[afrocraft 313]

6 minutes ago, EireneFaith said:

 

Thank you so much for your response. God bless.

You bet. There's no good way to say this, but please tell your friend not to attempt to hide the fact that her spouse is deceased. That would be material misrepresentation and grounds for denaturalization. Better to reapply under the 5-year rule.

[EireneFaith 54]

Just now, afrocraft said:

You bet. There's no good way to say this, but please tell your friend not to attempt to hide the fact that her spouse is deceased. That would be material misrepresentation and grounds for denaturalization. Better to reapply under the 5-year rule.

I will tell her. Thank you again. God bless.