My husband died and citizenship may be denied

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berrinsinclair

Registered Users (C)
I had earlier posted a message about my N400 application asking if anyone knows for sure what happens when your US spouse dies even though you were married to them for 3 years. By the time my husband died I had had my green card for 3 years and 5 months. I applied for citizenship a couple of months ago and was fingerprinted. Later, a lawyer I talked to said my citizenship would be denied at the interview as they will notice the mistake they made. I did not want to believe it but I double checked and it is true. Immigration has a regulation on divorce and death with 3 years marriage. You can not get citizenship if you are divorced or widowed even if you were married for 3 years to a US citizen. I do think this is harsh. I understand the divorce as some people get married and divorce just to come here, but is it your fault if your spouse dies?

I will still take my chance and go to the interview (don't know when yet) and see what happens. Since I am close to 5 years anyways (not that close though. In May 2007, it will be 5 years) they may give it to me. Anyone thinks they may? I hope someone lifts up my spirits. I was waiting to go to my country as soon as I got my citizenship. Now who knows when. Heavens, does this ever end?
 
I'm sorry to hear about your husband's death. Please keep your spirits up!

Based on the facts you presented, it seems that your citizenship is just matter of time and some extra application fees and bureaucratic things....

Actually, I do not think that the immigration law is harsh in this case. You will not lose your permanent residency and will everntually get citizenship like any other PR resident in 5 yrs. Nothing to cry or sweat about.....this makes perfect sense since your situation can not be the same as somebody who is still married.

Bad news: It will be impossible for USCIS to give you citizenship based on your marriage at this point. You can go to your interview but do not keep your hopes too high. And do not try to cover the fact that your husband died or lie or keep slient about it. If you are caught lying, then you will be in a serious trouble.

Good news: You might convince your USICS officer to put you on the 5yr path and save $400 for an extra application (and wait until you are eligible). Or maybe that happens even automatically once USCIS knows the facts? Or maybe you will be over 5yrs at the time of interview? Do not know. Worse case scenario....just re-apply until you are 4yrs and 9 months and pay extra money. Certainly, make sure that you are not doubling your applications in the system. You may be entitled for a refund because of what happend to you? Lawyers or even someone here might know all these technical details...

So, do not be desperate....As great Churchill once said:

"Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honour and good sense."

You have every chances to prevail sooner or later....what a several extra months means anyway? Do you have a reason to be in a major rush? Green card gives you very good privilegies to "survive" until you get your citizenship.

Good luck!

P.S.: I'm not a lawyer or an immigration expert. I'm just an ordinary guy and you are soley responsible for your actions.
 
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Thank you for taking time to respond. I think you are right in every way. I will let you all know what happens when I go my interview. I feel like I am thinking too much about this. I am a person of faith. I will leave it in the hands of God and honor His decision. Your response was so supportive and so fair. Thanks a lot.. ;)
 
husband died

I'm so sorry to read your message about your dear husband and his awful death.

Please accept my deepest sympathy on your loss.

It's certainly not easy. youll be in my prayer.

Love

scarsacred
 
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berrinsinclair said:
I had earlier posted a message about my N400 application asking if anyone knows for sure what happens when your US spouse dies even though you were married to them for 3 years. By the time my husband died I had had my green card for 3 years and 5 months. I applied for citizenship a couple of months ago and was fingerprinted. Later, a lawyer I talked to said my citizenship would be denied at the interview as they will notice the mistake they made. I did not want to believe it but I double checked and it is true. Immigration has a regulation on divorce and death with 3 years marriage. You can not get citizenship if you are divorced or widowed even if you were married for 3 years to a US citizen. I do think this is harsh. I understand the divorce as some people get married and divorce just to come here, but is it your fault if your spouse dies?

I will still take my chance and go to the interview (don't know when yet) and see what happens. Since I am close to 5 years anyways (not that close though. In May 2007, it will be 5 years) they may give it to me. Anyone thinks they may? I hope someone lifts up my spirits. I was waiting to go to my country as soon as I got my citizenship. Now who knows when. Heavens, does this ever end?
Click to expand...


Hi. I have a similar situation and would love to hear if someone can answer. I was married for almost 5 years to a us born citizen. I am a green card holder for 3years and applied for citizenship 7months ago. I have my notice for my interview for June 2013. My husband just died in April 2013. Any help on what I need to do or should do please?
 
Allmyguess said:
Hi. I have a similar situation and would love to hear if someone can answer. I was married for almost 5 years to a us born citizen. I am a green card holder for 3years and applied for citizenship 7months ago. I have my notice for my interview for June 2013. My husband just died in April 2013. Any help on what I need to do or should do please?
Click to expand...

Sorry for your loss. Unfortunately, under current law your application will be denied because of the death of your spouse. Your only chance for getting the current application approved is if they change the law to allow eligibility to continue if the USC spouse dies while the application is pending.

If you're lucky, maybe they'll add such a change into the Comprehensive Immigration Reform bill that's being proposed and debated. To benefit from it if it happens, you'll need to keep your case pending until they pass the new law; I doubt they'd undo the denials of already-denied cases. So if you want to hold out hope for this, ask them to postpone your interview, and keep asking for postponements until the immigration reform either passes or is defeated (or they eventually deny your case for postponing too many times).

Note that the chances of such a change to the law are slim; I don't see any indication of such a change for marriage-based naturalization being included in the proposed immigration bill, although there are similar provisions for marriage-based green cards when the spouse dies.
 
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