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TomEn

Husband passed away. Not sure what to do next!

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Dear VJ family,

 

My husband the USC passed away on Feb 11, 2019. I know that it is too soon for me to be thinking about what to do next but please try to understand that I am couped up in our house all alone by myself and trying to do things on my own but failing at it with bouts of dpression and anxiety attacks at most times! So, please if you do not have something nice and helpful to say please stay away.

 

We were married since Aug 14, 2015 and have been in a happy married life. I lost my husband due to medical negligence on the above mentioned day. Sept 2018 marked three years of our marriage and Dec 2018 marked three years of being a legal resident through marriage and I was eligible to apply for N-400. Now my N-400 and my I-751 are pending at the NBC with an 18 month estimated wait time.

 

My question is,

 

Do I withdraw the N-400 application?

 

If I do, is that going to make my I-751 application start afresh?

 

Valueable input is much appreciated.

 

T&E

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Posted (edited)

You can't gain citizenship through marriage since your spouse passed. Also, don't tell people they can't post that's against the terms of visa journey. Are you sure it was negligence? If so, get yourself a lawyer. 

Edited by Redheadguy03

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17 minutes ago, junkmart said:

You may still apply for citizenship, but you will have to wait five years, as the three year option is no longer available to you under your circumstances. I do not know the answer about withdrawing the N-400.

 

I can't imagine what you are going through. I'm so sorry. Wishing you all the best.

Thank you @junkmart

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My friend was in the same situation, she had to wait to the 5 year mark to gain citizenship as a widow. 

 

I do do feel your pain, I was married to my husband for 2.5 years and he unexpectedly passed. He had a conditional GC, and yes, the death certificate was submitted to the gvmt and now 2 years later I got notice for his deportation (since we never filed to remove conditions, duh; he DIED!). That's our government! 

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3 minutes ago, MrsB2212 said:

Hello 

 

I don’t have the answers to your questions as I just got my green card today. 

 

I just wanted to offer offer my condolences to you , at what must be such a terrible time.

My heart breaks for you. My you find strength through this. 

 

❤️❤️

Thank you @MrsB2212 trying to survive each day!

3 minutes ago, Georgia16 said:

Sorry for your loss.

 

Under section D. 2 you can see that you no longer can continue with your N-400 at this time. (You can apply again under the 5-year rule)

You can contact USCIS and explain that your spouse has passed away and that you, therefore, are withdrawing your application for the N-400 I would attach his death certificate if it was me.

 

You do not have to start all over with the ROC.

 

 

1769812693_Skrmbillede2019-03-01kl_17_04_37.png.f81b2e74653211adee74e925c9da5af5.png

 

@Georgia16 thank you so much for the information. I shall call them now.

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Posted (edited)
4 minutes ago, Mystic2fire said:

My friend was in the same situation, she had to wait to the 5 year mark to gain citizenship as a widow. 

 

I do do feel your pain, I was married to my husband for 2.5 years and he unexpectedly passed. He had a conditional GC, and yes, the death certificate was submitted to the gvmt and now 2 years later I got notice for his deportation (since we never filed to remove conditions, duh; he DIED!). That's our government! 

thank you @Mystic2fire. I am waiting on the DC and the state of TX is really slow! I will call them to revoke the N-400. Im sorry for your loss as well. hopefully time will heal

Edited by TomEn

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1 minute ago, TomEn said:

@Georgia16 thank you so much for the information. I shall call them now.

 

A letter with case number would probably be better or if you can do an info pass. 


K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       

 

ROC from K-1 + K-2:

12/08/18....ROC window opens

12/13/18....I-751 mailed to Lewisville, TX

12/14/18....Delivered at Lewisville, TX

12/20/18....Text with case number. TX service center

12/24/18....NOA1/Extension letter received

 

 

 

 

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Posted (edited)
52 minutes ago, TomEn said:

Do I withdraw the N-400 application?

Send a letter to the field office adjudicating your case that you are withdrawing your N400.  include a copy of the N400 receipt.  You do not need to explain why, if you do not wish to.

 

52 minutes ago, TomEn said:

If I do, is that going to make my I-751 application start afresh?

Your i-751 will still process, however you will need to inform USCIS of your husband's death by requesting a waiver in writing (this will remove the "joint" part of your petition).  Include a copy of the i-751 receipt with your letter.  USCIS may or may not RFE you for a copy of the death certificate.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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1 minute ago, fip & jim said:

I'm really sorry that you find yourself in this position. It must feel awful and uncertain right now. 

 

It sounds like you could do with some support before you can tackle what to do about your application. There are support groups you can contact to help you through this stage  - https://nationalwidowers.org/support-groups/  They may also know of advocates that can help you with the practicalities. 

 

It is very early days so take your time to grieve. 

 

 

@fip & jim thank you so much. I will contact them.

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