Deceased Spouse Citizenship

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Pungiwalla

Registered Users (C)
Have a relative who is a non US citizen, the spouse of this person was USC.

Is there a way this person can apply for USC based on the her deceased husband's citizenship?

Where can you find more information on statute, law etc? Is there a stipulated time within which this person has to file for citizenship after the spouse has been deceased?
 
Pungiwalla said:
Is there a way this person can apply for USC based on the her deceased husband's citizenship?
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No. But if the living spouse does not have a green card, there are some circumstances that would allow pursuing a green card.

If the living spouse already has a green card, then it is just a matter of waiting out the standard 5-years of residence in the United States, upon which the surviving spouse can apply on his/her own merit.
 
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Pungiwalla said:
Yes, she does not have a GC, how does she go about obtaining citizenship?
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She needs to get a green card first. Then 5 years after that, she can apply for US citizenship.

To pursue that green card, form I-360 must be filed, to apply as a "special immigrant" in the widow category. She must have been married for at least 2 years to the USC.
http://www.uscis.gov/portal/site/us...toid=95be2c1a6855d010VgnVCM10000048f3d6a1RCRD

Search for similar cases in the Family Based Green Card section of this site, then ask more questions in that section if necessary.

What is her status currently in the US? If she is in the US illegally, that makes things more complicated and she might need to see a lawyer.
 
Jackolantern said:
What is her status currently in the US? If she is in the US illegally, that makes things more complicated and she might need to see a lawyer.
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She is not in the US, residing overseas, No US GC etc. Can she do consular processing and obtain green card and enter USA?
 
Pungiwalla said:
She is not in the US, residing overseas, No US GC etc. Can she do consular processing and obtain green card and enter USA?
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Yes, if the I-360 is approved. But for it to be approved, certain requirements must have been met, such as the death being less than 2 years ago (details in the instructions).
 
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