Removing conditions. Widowed. [merged threads]

[Kristina G. 0]

My husband passed away a few months ago, we've been married two and a half years and have a little baby... I have a green card for 2 years and it expires in 6 months. What should I file to renew a green card or am I eligible for a citizenship? I've read that in some cases you can apply for citizenship sooner than it's supposed to be...

[Hypnos 6,576]

I am sorry for your loss. 

 

You should immediately file for RoC using an I-751 on the basis that your US citizen spouse is deceased. 

 

You are required to provide evidence of a good faith marriage, and need to enclose a photocopy of a certified copy of your spouse's death certificate. 

 

After you've been an LPR for five years (minus 90 days) you can file for citizenship. 

[Unlockable 7,306]

Sorry for your loss.

 

Good luck to you.

[Kristina G. 0]

Thank you, that's very helpful information!!! 

[Marrienne 112]

I am so sorry for your loss!!!

 

Isn't it 3 years since she was married to a US citizen?

I know I can apply in 3 years not five. 

[LionessDeon 2,060]

1 hour ago, Marrienne said:

I am so sorry for your loss!!!

 

Isn't it 3 years since she was married to a US citizen?

I know I can apply in 3 years not five. 

 

http://www.visajourney.com/content/naturalization_requirements

 

• Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:
• the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years; 
       the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and 
        the applicant meets all other naturalization requirements.

OP states they were married 2 1/2 years.  

 

Edited January 24, 2017 by LionessDeon

[Hypnos 6,576]

The length of the marriage is actually irrelevant if the US citizen spouse is deceased. 

 

Even if they had been married for three years, or longer, the fact that they have passed away means that the three year filing option is no longer available. 

 

I know because I'm in the same situation. 

[Kristina G. 0]

What about if we have a baby who was born in the US? One more thing I've heard that if your spouse passed away then for the interview you're gonna have to come with his parents. Parents have to say that they want me to be here. Is that true?

[Marrienne 112]

8 minutes ago, Hypnos said:

The length of the marriage is actually irrelevant if the US citizen spouse is deceased. 

 

Even if they had been married for three years, or longer, the fact that they have passed away means that the three year filing option is no longer available. 

 

I know because I'm in the same situation. 

I am so sorry to hear that and thank you for clearing that up.

[Marrienne 112]

1 minute ago, Kristina G. said:

What about if we have a baby who was born in the US?

The baby is a citizen but you must file for ROC and for citizenship regardless of anything else.

My daughter is a US citizen *I* still have to jump through the hoops when the time comes.

[Hypnos 6,576]

5 minutes ago, Kristina G. said:

One more thing I've heard that if your spouse passed away then for the interview you're gonna have to come with his parents. Parents have to say that they want me to be here. Is that true?

100% not true.

 

4 minutes ago, Marrienne said:

I am so sorry to hear that and thank you for clearing that up.

Thanks for your kind wishes.

Edited January 25, 2017 by Hypnos

[Kristina G. 0]

Thank you so much for explanation!!!

 

[Daisy.Chain 317]

4 hours ago, Kristina G. said:

What about if we have a baby who was born in the US? One more thing I've heard that if your spouse passed away then for the interview you're gonna have to come with his parents. Parents have to say that they want me to be here. Is that true?

I'm sorry to hear about your situation.

 

Your baby won't affect your need to file ROC immediately, and you won't need his parents. It's nice that they want you to stay :).

[Kristina G. 0]

43 minutes ago, Daisy.Chain said:

I'm sorry to hear about your situation.

 

Your baby won't affect your need to file ROC immediately, and you won't need his parents. It's nice that they want you to stay :).

Unfortunately, I don't know what they want. After my husband died they invited me and my baby to live with them until we all heal but now they just kicked us out and took everything from us...That's why I'm asking because I'm scared to deal with those people especially about immigration.

[Marrienne 112]

2 minutes ago, Kristina G. said:

Unfortunately, I don't know what they want. After my husband died they invited me and my baby to live with them until we all heal but now they just kicked us out and took everything from us...That's why I'm asking because I'm scared to deal with those people especially about immigration.

His parents' opinions do  not affect your immigration and the US government does not care what his parents want or think.

 

The only thing is, ROC is pricey,.that's all. Someone can chime in about the cost but otherwise you have nothing to worry about when it comes to immigration. Just file your papers and all will be fine.