Spouse died..Citizenship ques etc

[lonelyheart 0]

Hello All, I am a new member of this forum and it was really great to find this site especially to me who is very worried and confused about immigration and citizenship as well. Please help me understand and need your answer pertaining to my query.

I was married to a US Citizen in another country last april of 2003. Arrived here in the United States last October of 2005 as IR1. June of last yea, my daughter(minor age) (from my 1st marriage) followed me as IR2. Last Feb of 2007, gave birth to a healthy boy (current marriage)...a US citizen. Just recently, my husband suddenly passed away. My ques are:

1. Am I and my daughter still a legal permanent residence of the United States though husband died already? Our permanent resident card is IR1 10 yrs

2. Do i have to wait for 5yrs before applying for citizenship?

3. What about my daughter, is she going to take an exam too?

4. during my citizenship exam and interview, will they ask for my husband? will they deny me bec he is deceased already?

Thank you very much.

[eau_xplain 2]

I'm sorry to hear about your loss.

To answer your questions:

1. Am I and my daughter still a legal permanent residence of the United States though husband died already? Our permanent resident card is IR1 10 yrs

Yes, you and your daughter are still legal permanent residents.

2. Do i have to wait for 5yrs before applying for citizenship?

As a general rule, you have to wait 5 years from the "Resident Since" date on your GC before you are eligible to apply for Naturalization. You also have to take into consideration any time spent outside the US for over 6 months at a time as it resets your "naturalization eligibility" clock.

3. What about my daughter, is she going to take an exam too?

If your daughter is still under 18 years of age by the time you become a naturalized citizen, then she will acquire US citizenship through you. If she turns 18 before you become a USC, then she will have to apply on her own.

4. during my citizenship exam and interview, will they ask for my husband? will they deny me bec he is deceased already?

You will be sending proof of your marriage to your husband and his subsequent death (marriage certificate, death certificate, etc). You will not be denied because he is deceased.

I wish you and your children the best.

[lucyrich 20]

I'll just echo eau_explain's responses, both the sympathy expressed and the correct answers to the questions asked.

Your green card is permanent, regardless of your husband's death. The only way it would terminate is if you left the US for a long time or did something to cause it to end. Generally, leaving the US for less than six months shouldn't be a problem, but if you plan any trips this long or longer, be sure you review and understand the rules about abandonment of status before leaving.

Also, regardless of travelling, be sure you file taxes every year. You probably should seek the help of an accountant at least the first year, if not every year.

You're not eligible to apply for citizenship after three years, because you are no longer the spouse of a US Citizen. Even though it's tragic and no fault of your own, the rules require that the marriage continue until the citizenship oath if you want to take advantage of the "three year" opportunity for citizenship based on marriage to a USC. You are eligible to apply for citizenship after five years of continuous permanent residency, provided you meet all the other requirements. And you can send in your applications 90 days before the five year period is completed.

[payxibka 10,045]

Once you have obtained your 10 yr greencard you are no longer dependant on the USC for status.... So you are OK to move forward with whatever residency or citizenship plans you wish

[lonelyheart 0]

Thank you to all of you and the symphaties...my life has to go on for the sake of my 2 little children. I have no clue on how and where and which to start, but God will guide me and need not to be worried.

Well, guys me and my kids are planning to spend our holidays back to my country next year like for 2 weeks, so, obviously, i have to wait till it is 2010 for me to apply for my naturalization. Please explain to me when on 2010 can i start applying my citizenship? I know this is far too long for me to think, but am just curious and need knowledge.

God Bless all of you!

[lucyrich 20]

Please explain to me when on 2010 can i start applying my citizenship? I know this is far too long for me to think, but am just curious and need knowledge.

Your Green Card has a "resident since" date printed on it, which I assume is sometime in October of 2005. You can apply 90 days before you complete five years as a permanent resident in the US, assuming you meet all the other requirements. That would be somewhere around July of 2010. See the M-476 Guide to Naturalization for more details.

Edited October 1, 2007 by lucyrich

[lonelyheart 0]

Please explain to me when on 2010 can i start applying my citizenship? I know this is far too long for me to think, but am just curious and need knowledge.

Your Green Card has a "resident since" date printed on it, which I assume is sometime in October of 2005. You can apply 90 days before you complete five years as a permanent resident in the US, assuming you meet all the other requirements. That would be somewhere around July of 2010. See the M-476 Guide to Naturalization for more details.

ty