3 years or 5 years for Naturalization???

[pumukliboy]

hi all,

I am a permanent resident (family based, married US citizen), however my wife passed away. Normally it would be 3 years from perm. residency to apply for Naturalization for those married, and 5 years otherwise. What is the deal in this case? since my wife is dead, can I apply after 3 years or I have to wait 5 years?
Thanks for your help.

 

[Superstring]

hi all,

I am a permanent resident (family based, married US citizen), however my wife passed away. Normally it would be 3 years from perm. residency to apply for Naturalization for those married, and 5 years otherwise. What is the deal in this case? since my wife is dead, can I apply after 3 years or I have to wait 5 years?
Thanks for your help.

Good question, don't have 100% answer for you. However, unfortunatelly, I think that you will have to wait 5 yrs for the citizenship. The law requires that you still be married to U.S. citizen until the Oath is completed. I guess that marriage was dissolved upon your wife's death.

P.S.: I'm not a lawyer or immigration expert. I'm just an ordinary guy. You are soley responsible for your actions.

 

[Dani]

hi all,

I am a permanent resident (family based, married US citizen), however my wife passed away. Normally it would be 3 years from perm. residency to apply for Naturalization for those married, and 5 years otherwise. What is the deal in this case? since my wife is dead, can I apply after 3 years or I have to wait 5 years?
Thanks for your help.

I think it's 3 years. you just need to submit her death certificate. Not exactly sure though... check uscis website, they should have some info.

 

[boatbod]

Were you married to her for 3 years after receiving your GC, before she passed away?

Unfortunately I don't have a definite knowledge of your problem, but if you answer "yes" to the above, maybe you have a good chance. If you didn't already meet the eligibility criteria before she passed, I'm fairly sure you'll be out of luck.

 

[pumukliboy]

Were you married to her for 3 years after receiving your GC, before she passed away?

Unfortunately I don't have a definite knowledge of your problem, but if you answer "yes" to the above, maybe you have a good chance. If you didn't already meet the eligibility criteria before she passed, I'm fairly sure you'll be out of luck.

No, She passed a week after I got the permanent resident card, but we were married over 4 years at that point. So is it 5 years then?

 

[Al Southner]

Man...

Go to the local USCIS office and ask for a clarification. That's the only advise that I can give you.

Man... I can't give you any more advise, because this is a unique case. However, my condolences on the passing of your wife. I hope that you are doing well...

 

[Flydog]

Sorry, it looks like 5 years...
http://www.washingtonwatchdog.org/documents/cfr/title8/part319.html

(2) Loss of Marital Union—(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.