Husband passed away. Not sure what to do next!

[TomEn 90]

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

[Redheadguy03 505]

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 March 1, 2019 by Redheadguy03

[junkmart 320]

27 minutes ago, TomEn said:

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

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.

[MrsB2212 123]

44 minutes ago, TomEn said:

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

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. 

 

❤️❤️

Edited March 1, 2019 by MrsB2212

[Georgia16 2,858]

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.

 

 

 

[TomEn 90]

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

[Mystic2fire 5]

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! 

[TomEn 90]

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.

 

 

 

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

[TomEn 90]

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 March 1, 2019 by TomEn

[Georgia16 2,858]

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. 

[Mystic2fire 5]

1 minute ago, TomEn said:

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

It took nearly four months for me to get my husbands D.C. It is yet another waiting game. 

[Going through 5,668]

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 March 1, 2019 by Going through

[fip & jim 452]

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. 

 

 

[TomEn 90]

1 minute ago, Mystic2fire said:

It took nearly four months for me to get my husbands D.C. It is yet another waiting game. 

i guess it is!

[TomEn 90]

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.