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Filed: Citizen (apr) Country: Australia
Timeline
Posted

I have a good friend who has been helping a guy from Peru or Ecuador (not sure) in preparation for his N-400 interview on August 2nd.  Unfortunately, his USC wife died between the time he filed his paperwork and the time of his interview.  He is applying based on marriage.  However, I do NOT know if it's an I-751/N-400 combo interview.  I am assuming it is not, as there was no requirement for his wife to be there.

 

Does he tell them his wife is dead?  Does he keep it quiet and just get through the interview?  Because he is getting his citizenship through his marriage, would keeping quiet constitute fraud?  Neither of us want this guy to do the wrong thing, and I have no idea what to say my friend, his coach.

 

I need to guide my friend as to how to coach him and tell him the proper thing to do.  He is not a native English speaker.  I've never seen a post from someone whose spouse has died in the interim.  What are the rules?

 

Thanks so much!  And please, no guesswork.

 

Sukie in NY

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

Filed: Citizen (apr) Country: Australia
Timeline
Posted

OK - I have found the answer.  Unfortunately, the poor guy must now wait another two years, and he will have pay AGAIN to file an N-400.  I feel so sorry for him...

 

Sukie in NY

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
8 minutes ago, Sukie said:

OK - I have found the answer.  Unfortunately, the poor guy must now wait another two years, and he will have pay AGAIN to file an N-400.  I feel so sorry for him...

 

Sukie in NY

I'm glad you found the answer.  It would have terrible if his citizenship had been approved, then later revoked....

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Australia
Timeline
Posted
1 minute ago, Sugarlegetiti said:

He should not have filed in the first place since the wife died before he filed. Now he has to wait till 5years.

You did not read my message.  She died AFTER he filed.  And he only has to wait two more years.  Not 5.

 

Sukie in NY

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

Filed: Citizen (apr) Country: Australia
Timeline
Posted
9 minutes ago, shomer said:

As a frequent poster, you know the answer to this.  He should always tell the truth, and yes, hiding it would be fraud.  I don't know what you mean by "coaching," but you shouldn't train anyone to lie to USCIS.  

Coaching in English, and in memorizing the answers to the questions.  Not coaching to lie.

 

C'mon.  You know me better than this.

 

Sukie in NY

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

Filed: Citizen (apr) Country: Australia
Timeline
Posted

So does he call USCIS?  Does he front up to his interview with a copy of his wife's death certificate to withdraw his application?  What are his next steps to make sure he does things correctly?

 

Sukie in NY

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted (edited)
4 minutes ago, Sukie said:

You did not read my message.  She died AFTER he filed.  And he only has to wait two more years.  Not 5.

 

Sukie in NY

Sorry  about that you are right, I  thought the wife died before he filed

Edited by Sugarlegetiti
Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted
3 minutes ago, Sukie said:

So does he call USCIS?  Does he front up to his interview with a copy of his wife's death certificate to withdraw his application?  What are his next steps to make sure he does things correctly?

 

Sukie in NY

He has to call USCIS tell them the  truth and they will tell him what yo do next.

Posted

He can provide the death certificate showing the date of death.....they would see that he wasn't withholding information from them.

IR-1/CR-1
Spoiler

GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS APPROVED: 15-JUN-2016

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
CONDITIONAL GREEN CARDS RECEIVED: 23-SEP-2016
 
I-751 FILER   
Spoiler
FILED REMOVAL OF CONDITIONS: 25-JUN-2018
FILE SENT TO NEBRASKA SERVICE CENTER 11-MAY-2019
10-YR GREEN CARDS APPROVED 17-JUN-2019 
10-YR GREEN CARDS RECEIVED 21-JUN-2019 :dance: 

N-400 FILER
Spoiler
FILED CITIZENSHIP ONLINE; RECEIVED NOA1: 8-DEC-2019
BIOMETRICS WALK-IN: 18-DEC-2019
INTERVIEW SCHEDULED: 26-OCT-2020
APPROVED/SAME DAY OATH CEREMONY: 26-OCT-2020
 
US PASSPORT
APPLICATION APPOINTMENT AT USPS (ROUTINE): 16-SEP-2021
PASSPORT APPROVED: 30-SEP-2021
PASSPORT RECEIVED: 5-OCT-2021
Posted
4 hours ago, Sukie said:

OK - I have found the answer.  Unfortunately, the poor guy must now wait another two years, and he will have pay AGAIN to file an N-400.  I feel so sorry for him...

 

Sukie in NY

While it's a bummer he will have to apply again, I honestly feel that this really pales in comparison to losing your spouse. I'm so sorry for his loss, I hope he can move forward one day. 

Posted

Withdrawing the N-400 prior to the interview may be advisable. As you say, sadly his naturalisation cannot be approved under those circumstances. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: Citizen (apr) Country: Russia
Timeline
Posted
12 hours ago, Sukie said:

So does he call USCIS?  Does he front up to his interview with a copy of his wife's death certificate to withdraw his application?  What are his next steps to make sure he does things correctly?

 

Sukie in NY

Personally I would schedule an Infopass appointment and have them go with the death certificate to formally withdraw the application (since the local office handles the N400).  There was a similar story in the ROC forum from @Zombie69 where his husband unfortunately died after the interview, but he was able to still go to the oath.  He may have more information regarding this type of situation.

 

Good Luck to your friend!

 

 

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

 
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