Please HELP!!!

[loredana 0]

Hello everyone,

I am new to this forum and i tried to search similar issues like mine but I couldn't find anyone having the same problems as mine.

Ok... I got my GC in August 30 2002. My husband was a US citizen since 2000 and we have been married since 1997. Unfortunatelly he passed away in Dec 2004. Early 2005 I went to Atlanta office to ask if I was eligible for my citizenship after 3 years even if my husband passed away...they said yes...and I applied...I went through the whole process...went to interview...passed and I was waiting for the Oath in the same day...1 hour after, the officer came back to me and asked me if i filled a form regarding my husbad being passed away...i said no and then he said that I have to withdraw my application or they will deny my application which whould have been much worse consequences and apply again after 5 years of residency. So I withdrew my application...he made me sign it and I went home to wait for my 5 year requirement. This year I applied again calculating 90 days before august 30 2007 when I would have had 5 years residency... somehow by mistake I applied at the beginning of May instead at the end of May. Went through the same process again....had the interview on 09/13 and I passed it again and because it was late in the day they said that I have to wait for the letter for my Oath in the mail....Yesterday I went to ask if there is any way they can fit me in the ceremony sooner because of my grandmother being very sick and my contry passport expired and to get a new one takes forever and a day and I was afraid that if I have to go to my contry while I was asked to come to Oath....the officer that I had the interview with asked me to come in because they found a problem with my application...I have filled 22 days too early...so they will deny my application and I will have to file again...keep in mind that this will be the third time paying the fees.

What can I do?

[Kez/JWolf 6]

Sorry to hear you have had such a bad time.... there is nothing you can do but re-apply and pay again....

Good Luck

Kez

[annatenna 0]

Sorry to hear you have had such a bad time.... there is nothing you can do but re-apply and pay again....

Good Luck

Kez

It all seems very unfair - why didn't they notice that you'd applied too soon right at the start and return your application - I'd expect that would be the first thing they would check. Even if they kept the fee, at least you wouldn't have had to go through the interview needlessly. It makes no sense!

I hope you can sort something out.

[diadromous mermaid 36]

Sorry to hear you have had such a bad time.... there is nothing you can do but re-apply and pay again....

Good Luck

Kez

It all seems very unfair - why didn't they notice that you'd applied too soon right at the start and return your application - I'd expect that would be the first thing they would check. Even if they kept the fee, at least you wouldn't have had to go through the interview needlessly. It makes no sense!

I hope you can sort something out.

The Service is not obliged to inform aliens that are ineligible for benefit.

§ 319.1 Persons living in marital union with United States citizen spouse.

(a) Eligibility. To be eligible for naturalization under section 319(a) of the Act, the spouse of a United States citizen must establish that he or she:

(1) Has been lawfully admitted for permanent residence to the United States;

(2) Has resided continuously within the United States, as defined under §316.5 of this chapter, for a period of at least three years after having been lawfully admitted for permanent residence;

(3) Has been living in marital union with the citizen spouse for the three years preceding the date of examination on the application, and the spouse has been a United States citizen for the duration of that three year period;

(4) Has been physically present in the United States for periods totaling at least 18 months;

(5) Has resided, as defined in §316.5 of this chapter, for at least 3 months immediately preceding the filing of the application, or immediately preceding the examination on the application if the application was filed early pursuant to section 334(a) of the Act and the three month period falls within the required period of residence under section 316(a) or 319(a) of the Act, in the State or Service district having jurisdiction over the alien's actual place of residence and in which the alien has filed the application;

(6) Has resided continuously within the United States from the date of application for naturalization until the time of admission to citizenship;

(7) For all relevant periods under this paragraph, has been and continues to be a person of good moral character, attached to the principles of the Constitution of the United States, and favorably disposed toward the good order and happiness of the United States; and

(8) Has complied with all other requirements for naturalization as provided in part 316 of this chapter, except for those contained in §316.2 (a)(3) through (a)(5) of this chapter.

(b.) Marital union(1) General. An applicant lives in marital union with a citizen spouse if the applicant actually resides with his or her current spouse. The burden is on the applicant to establish, in each individual case, that a particular marital union satisfies the requirements of this part.

(2) Loss of Marital Union 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.