Naturalization Interview scheduled, death of spouse

[PromisedLife]

Asking on behalf of a friend.

Her spouse unexpectedly passed away last week. Her interview is scheduled 3 weeks from now and was scheduled prior to his passing. She applied for citizenship based on marriage to a US citizen. They've been married for 4 years, she had a 2-year green card, prior to receiving a 10-year gc about a year ago.

Will she still be eligible for citizenship despite her spouse's passing?

While this this might not determine her eligibility, he was former military and was killed during a police academy training accident. Their children (minors) are US citizens as well.

Thanks so much, and if you're of the 'praying kind' please keep this family in your prayers.

 

[OHRoadwarrior]

I'm sorry for her loss. Unfortunately the gov't specifically uses this to disqualify her at this time.



http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-31517/0-0-0-31522.html

 

[PromisedLife]

Thanks for the reply.

I'm sure that info will feel like rubbing salt in an open wound

Is there any way you could pm me that link? For some reason I'm unable to copy the link, or 'quote' you in a reply and copy it that way.

 

[OHRoadwarrior]

Put you cursor on the www part, left click, highlight all to the right and copy.

 

[PromisedLife]

I'm sorry, it's not working for me at all. Your username and 'reply with quote' aren't even working links for me? Strange. I tried to type in the url manually, but it was a broken link. If you have a sec and could message me the link (hopefully that will work), I'd really appreciate it! Thanks!

 

[OHRoadwarrior]

You do not have messaging enabled. There have been some javascript issues. Turn off javascript or try another browser.

 

[ecmst12]

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-31517/0-0-0-31522.html

I think your friend should speak with an immigration attorney before her interview.

 

[OHRoadwarrior]

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-31517/0-0-0-31522.html

I think your friend should speak with an immigration attorney before her interview.

Here is the relevant section.

(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.

 

[Proserpina]

That passage refers to what is colloquially known as the "3 year fast track" citizenship path available only to LPRs who have received their residency based upon a bona fide marriage to a US citizen.


OP will be eligible if she waits the usual 5 year period.


It's all here:

http://www.uscis.gov/files/article/M-476.pdf

 

[Proserpina]

OP's friend, rather.

Darned lack of an edit button. No, Warrior, I didn't disabled wotchamacallit yet - though I do thank you for reminding me of how to fix it!

 

[stealth2]

If you're using Firefox, disabling JavaScript doesn't seem to make a difference. You might try IE.

 

[Mass_Shyster]

If you're using Firefox, disabling JavaScript doesn't seem to make a difference. You might try IE.

Using adblock with Firefox seems to fix it. I haven't found a solution for the iPad yet.

OP: If you use google to search for "Persons living in marital union with United States citizen spouse.", the first hit is the one you are looking for.