Help! Question on citizenship eligibility of surviving spouses ( widows/widowers )

[snagisetty]

Hi, Wife of a good friend of mine got her greencard through marriage exactly 2 years and 9 months ago. They have been married for 10 years and living in US all this time. Technically she can file the application today. However, a week ago disaster struck and her husband passed away. We would like to get her citizenship process started but I can't figure out if she is eligible to apply yet. The worksheet in application doesn't mention the eligibility criteria for widows or widowers. Based on your experience, do you think she should be able to get her application going? I sincerely appreciate your advise. Thank you.

 

[Jackolantern]

Widows and widowers are not eligible for citizenship based on the 3 year marriage rule. However, they can apply on their own merit later using the regular 5 year rule.

 

[Bobsmyth]

Widows and widowers are not eligible for citizenship based on the 3 year marriage rule.

That's not entirely true as INA 319(d) extends naturalization eligibility for the surviving spouse of a US citizen who dies while actively serving in the armed forces.

 

[Jackolantern]

That's not entirely true as INA 319(d) extends naturalization eligibility for the surviving spouse of a US citizen who dies while actively serving in the armed forces.

However, that provision isn't the 3-year marriage rule, it's a different rule that doesn't require 3 years of marriage or 3 years of permanent residence.