N-400 Application after my husband's passing....

N

Needa

Registered Users (C)
I got to the US on 11/30/2007 and wanted to apply for Naturalization on August 30th of this year since I was married to an US Citizen.

My husband passed away two months ago and I was told by USCIS that I still have the right to apply for Naturalization they just mentioned that I have to have lived at the Address that I will put on the application for at least 90 days in order to apply.

Now that my husband passed I had to give up or appartment since I could not afford it on my own anymore. I was a stay-at-home mom and fulltime student. I moved out of our appartment on May 31, 2010 and moved into my brother-in-law's house (that's the address I am using now) until coming to Germany to visit my family (July 3, 2010 - August 19, 2010) in order to get myself back together. I have a little 20 month old so I need my family's help right now.

After returning to the US I plan on staying or even moving with my sister and her family for a bit (she lives in Florida), until I get my life together. Now my question is when do I send out the Applicatin for Naturalization?

Should I stay in MD until I finish the whole process of Naturalization? How long is the whole process going to take? Or do I move to Florida and apply for Naturalization after 90 days? I am very confused about what to do since I don't have any future plans at the moment.
 
Needa said:
I got to the US on 11/30/2007 and wanted to apply for Naturalization on August 30th of this year since I was married to an US Citizen.

My husband passed away two months ago and I was told by USCIS that I still have the right to apply for Naturalization they just mentioned that I have to have lived at the Address that I will put on the application for at least 90 days in order to apply.
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You have the right to apply ... in August 2012 (assuming that the 11/30/2007 date is when your green card was approved). Unfortunately, the death of your husband means you cannot use the 3 year rule; you have to wait and use the 5 year rule.
 
Jackolantern said:
You have the right to apply ... in August 2012 (assuming that the 11/30/2007 date is when your green card was approved). Unfortunately, the death of your husband means you cannot use the 3 year rule; you have to wait and use the 5 year rule.
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That's not what USCIS told me, they said I can still apply after 3 years. I just have to make sure I have been living at the address I will put down for at least 90 days. I just called USCIS and they did confirm what you just told me. I have to wait and use the 5 year rule.

Another question...is there any way I can bring my sister to the US who is a German citizen so that I don't have to be in the US by myself since I am going through a lot right now. I was wondering if I can apply for any kind of Visa that allows her to be with me until I am able to be on my own or just with my son.
 
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Somebody on the USCIS phone system told you that, right? Their phone staff is poorly trained and useless. Don't listen to them for anything important.

On the other hand, they are sort of telling you the truth. It's true that you can apply when it's 3 years ... but you'll be rejected if you do.
 
The law clearly states that death of the USC spouse terminates one's eligibility under the 3-year rule:

http://law.justia.com/us/cfr/title08/8-1.0.1.3.70.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."
 
Jackolantern said:
Somebody on the USCIS phone system told you that, right? Their phone staff is poorly trained and useless. Don't listen to them for anything important.

On the other hand, they are sort of telling you the truth. It's true that you can apply when it's 3 years ... but you'll be rejected if you do.
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Yes, they did tell me that the first time I called to get the information. I am glad I found this forum because I would have paid all the money and applied for naturalization only to rejected. Thank you!
 
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Needa said:
Yes, they did tell me that the first time I called to get the information. I am glad I found this forum because I would have paid all the money and applied for naturalization only to rejected. Thank you!
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The rule only applies to military based applications. For example, if your US spouse was killed in the line of military duty you would be eligible for naturalization now.
 
First and foremost, I want to extend my most sincere condolences, this must be a troubling time for you.

The 90 day residency requirement requires you to live in the same area overseen by your local district office for 90 days. In other words, you can move across town if you wish, as long as your new address is still under the same district office. If you move and you fall under a different jurisdiction, then you will have to wait another 90 days before you apply.

If you come here to Florida, like you said, then you will definitely have to wait 90 days before you apply.
 
cfiler said:
First and foremost, I want to extend my most sincere condolences, this must be a troubling time for you.

The 90 day residency requirement requires you to live in the same area overseen by your local district office for 90 days. In other words, you can move across town if you wish, as long as your new address is still under the same district office. If you move and you fall under a different jurisdiction, then you will have to wait another 90 days before you apply.

If you come here to Florida, like you said, then you will definitely have to wait 90 days before you apply.
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That 90 day requirement is moot right now, as the OP is ineligible until another 2+ years.
 
Jackolantern said:
That 90 day requirement is moot right now, as the OP is ineligible until another 2+ years.
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Right, since you guys were addressing the 3 vs 5 year question, I was addressing the 90 day question that she also had.

I should have been clearer.
 
cfiler said:
First and foremost, I want to extend my most sincere condolences, this must be a troubling time for you.

The 90 day residency requirement requires you to live in the same area overseen by your local district office for 90 days. In other words, you can move across town if you wish, as long as your new address is still under the same district office. If you move and you fall under a different jurisdiction, then you will have to wait another 90 days before you apply.

If you come here to Florida, like you said, then you will definitely have to wait 90 days before you apply.
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Thank you very much!
 
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