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  1. #1
    Join Date
    Oct 2005
    Location
    California
    Posts
    13

    Default My spouse died a month before my naturalization interview

    Hi,

    I have just returned from a very dissapointing day...I am a permanent resident(from Canada) I had my interview for naturalization today.

    My immigration attorney filed for naturalization under section 319,"been married and living with a u.s. citizen for 3 years".
    My husband tragically passed away 5 weeks ago from a cerebral anyeurism. I called my attorney and explained the circumstances, she told me it would be fine...go to the appointment anyway,just bring the death certificate.

    I was denied...talk about kicking someone when they are down...
    I was told i have to start over and file under section 316 "been a permanent resident for at least 5 years". I have to pay all the fees again...and wait...

    Is there no loophole or clause for these kinds of circumstances???
    When I filed we were married and living together, right up until he passed away last month...and also obviously when I received the appointment letter, in July. I just can't believe this!
    And what abouy the lawyer sending me there anyway...I had to drive 2 hours there and 2 hours back...go through the whole thing only to be turned away and told...my lawyer should have known!

    Any advice would be very much appreciated...I really didn't need the extra stress...being made a widow at 32 is hard enough...

    Thank you

  2. #2
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    Unfortunately, the alien and U.S. citizen must be living in marital union during the entire three-year period. Divorce, death, or expatriation of the U.S. citizen spouse prior to taking of the oath renders an applicant ineligible for naturalization - 8 CFR 319.1(b)(2). You will have to wait two more years.

    Best regards,

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