What to do when USC spouse passed away?

[J/G 85]

Dear All, 

 

My husband (USC Spouse) have been through a tough time with his health in last 2 years. He had a stroke and the recovery was "hell" for him, to say the least. He's been through the wringer and last night he has to be admitted to ER with high blood pressure and very low O2 level in his blood, non-covid related both of us has been vaccinated. I'm am so heartbroken and devastated. We've been together for 10 years (married for 4 years this June 2021) and we spent 24/7 together since the day we met. And now I can even be in the same building. 

 

As much as I have a positive outlook and wishes, I have to be realistic with his health, he is in so much pain and discomfort. Worst case scenario is that he does not make it. I'm 100% set to stay in the US. I have nothing to go back to, everything I know about life is here in the US, this is our home, my home. so leaving is absolutely not an option. 

 

1. Should he passed, is there anything I need to do in regards of my I-751 (filed Sept 2019) and N-400 (filed Sept 2020) applications? 
2. How will this affect my legal status / citizenship? 
3. Has anyone been in similar situation? Any advice to share with me? 

 

This forum has been a god sent, thank you for reading and I hope someone will be able to point me to the right direction. Thank you. 

 

Stay safe & healthy everyone. 

 

Best, 

J/G

 

 

[Ontarkie 14,665]

~~Duplicate thread removed. Only one thread is needed as members visit multiple forums.~~ 

 

Mod hat off  

 

I'm so sorry and wishing your husband a speedy recovery. 

[sweetadams 138]

3 hours ago, J/G said:

Dear All, 

 

My husband (USC Spouse) have been through a tough time with his health in last 2 years. He had a stroke and the recovery was "hell" for him, to say the least. He's been through the wringer and last night he has to be admitted to ER with high blood pressure and very low O2 level in his blood, non-covid related both of us has been vaccinated. I'm am so heartbroken and devastated. We've been together for 10 years (married for 4 years this June 2021) and we spent 24/7 together since the day we met. And now I can even be in the same building. 

 

As much as I have a positive outlook and wishes, I have to be realistic with his health, he is in so much pain and discomfort. Worst case scenario is that he does not make it. I'm 100% set to stay in the US. I have nothing to go back to, everything I know about life is here in the US, this is our home, my home. so leaving is absolutely not an option. 

 

1. Should he passed, is there anything I need to do in regards of my I-751 (filed Sept 2019) and N-400 (filed Sept 2020) applications? 
2. How will this affect my legal status / citizenship? 
3. Has anyone been in similar situation? Any advice to share with me? 

 

This forum has been a god sent, thank you for reading and I hope someone will be able to point me to the right direction. Thank you. 

 

Stay safe & healthy everyone. 

 

Best, 

J/G

 

 

Wishing him speedy recovery. Hang in there, stay strong and safe.

[HRQX 4,145]

3 hours ago, J/G said:

Should he passed, is there anything I need to do in regards of my I-751 (filed Sept 2019) and N-400 (filed Sept 2020) applications?

For I-751 interview, you would present his death certificate as the reason for you attending alone. INA 216(c)(1)(B): "in accordance with subsection (d)(3), the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Department of Homeland Security respecting the facts and information described in subsection (d)(1)."

 

For N-400, you would become ineligible for 3-year rule. 8 CFR 319.1(b)(2)(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." You would have to file again when you are eligible for 5-year rule.

Edited January 31, 2021 by HRQX

[J/G 85]

1 hour ago, HRQX said:

For I-751 interview, you would present his death certificate as the reason for you attending alone. INA 216(c)(1)(B): "in accordance with subsection (d)(3), the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Department of Homeland Security respecting the facts and information described in subsection (d)(1)."

 

For N-400, you would become ineligible for 3-year rule. 8 CFR 319.1(b)(2)(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." You would have to file again when you are eligible for 5-year rule.

Hello HRQX, 

In either application do I need to submit a form notifying the USCIS? if so how do I do it (i.e. Which form)? Given my situation do I need to look into hiring an immigration attorney? We've been doing everything ourselves from the beginning. 

Thank you. J/G 

[HRQX 4,145]

1 hour ago, J/G said:

In either application do I need to submit a form notifying the USCIS? if so how do I do it (i.e. Which form)?

https://www.nolo.com/legal-encyclopedia/what-conditional-residents-should-do-after-spouses-death.html

You will have to ask USCIS to convert your I-751 into one with a waiver request. Get in touch with the USCIS Customer Contact center to get help with this