In the complex system of the United States immigration laws, certain rules provide some degree of hope for the immigrant wishing to become a US citizen. One of them permits spouses of the citizens of the U. S. to apply for naturalization after spending only 3 years in the capacity of permanent residents if the criteria are met but it is not easy when the partner who is a citizen dies, the rest of the process will be much more challenging. In this article, we will look at The Impact of a U.S. Citizen’s Spouse’s Death on Naturalization.
The Three-Year Rule
Consider a person who immigrates and becomes a green card holder through marriage to a U.S. citizen and look forward to applying for citizenship by taking advantage of the rule which means they have lived with their spouse for 3 years and they can apply for naturalization.
The Tragic Turn of Events
But life is unpredictable. If the U.S. citizen spouse dies before the immigrant spouse submits their naturalization application, it raises a crucial question: Can the immigrant still pursue naturalization under the three-year rule? Let’s find out.
The Legal Reality
Unfortunately, U.S. immigration law is clear on this issue. The provision allowing immigrants to apply for naturalization after three years of marriage becomes null and void if the U.S. citizen spouse dies. This is outlined in the Immigration and Nationality Act (I.N.A.) § 319(a) and further clarified in the Code of Federal Regulations (8 CFR § 319.1(b)(2)(i)), which states that a person is ineligible for naturalization as the spouse of a U.S. citizen if the marital union ends due to death.
The Waiting Game
With the three-year rule no longer applicable, the immigrant spouse must follow the standard requirements for naturalization. This typically means waiting five years minus 90 days before submitting an N-400 application, unless other exceptions apply. Understanding these waiting periods is crucial for immigrants preparing to apply for citizenship.
The Implications of Timing
Even if the immigrant spouse had submitted their N-400 application before the U.S. citizen spouse’s death, they would not be allowed to proceed with the swearing-in ceremony if they had relied on their spouse’s citizenship to apply early. The U.S. Citizenship and Immigration Services (USCIS) policy manual is clear, that is, an applicant is ineligible for naturalization as the spouse of a U.S. citizen if the spouse dies before the applicant takes the Oath of Allegiance.
The loss of a U.S. citizen spouse is a profound and life-altering event. When this happens, the path to naturalization under the three-year rule is no longer an option. Immigrants must face the reality of waiting the standard period before continuing their pursuit of U.S. citizenship. Navigating this complex legal landscape often requires the guidance of experienced immigration professionals who can provide clarity and support during such difficult times.
Naturalization Process
Standard Requirements:
Typically, spouses of U.S. citizens can apply for naturalization after three years of permanent residency if they remain married. However, if the U.S. citizen spouse dies before the application is submitted or before taking the Oath of Allegiance, this three-year requirement no longer applies.
New Eligibility Timeline:
The widow(er) must then meet the standard five-year residency requirement for naturalization, which includes:
- Being at least 18 years old.
- Residing in the same state for at least three months before filing.
- Meeting continuous residence and physical presence requirements.
- Passing English and civics tests.
- Demonstrating good moral character.
Application Process:
If an N-400 (Application for Naturalization) was filed before the spouse’s death, and if the applicant had completed all necessary steps but had not taken the Oath, they would be ineligible to complete the process due to the death of their spouse
Implications of Remarriage after U.S. Citizen Spouse Death
1. Loss of Widow(er) Status for Immigration
- Once you remarry, you are no longer considered a widow or widower in the eyes of U.S. immigration law. This means you cannot apply for a green card based on your previous marriage to your deceased spouse.
2. New Sponsorship Possibilities
- If your new spouse is a U.S. citizen or lawful permanent resident, they can sponsor you for a green card. You would need to go through the standard marriage-based immigration process, which includes filing Form I-130 (Petition for Alien Relative) and possibly Form I-485 (Application to Register Permanent Residence or Adjust Status) if you are in the U.S..
3. Timing of Remarriage
- It is advisable to avoid remarriage until after you have filed your application for a green card based on your deceased spouse’s status. If you remarry before applying, it can complicate or terminate your eligibility for that application.
4. Filing Requirements
- If you choose to pursue a green card based on your deceased spouse’s status, you must file Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) within two years of their death. After remarriage, this option is no longer available.
5. Legal and Emotional Considerations
- Legally, remarriage dissolves your widow status; however, emotionally, many individuals still identify as widows or widowers even after remarrying1. This personal identification does not affect legal proceedings but can be important for emotional healing and personal identity.
Understanding the implications of a U.S. citizen spouse death on one’s immigration journey is the first step toward making informed decisions and seeking the appropriate legal counsel to navigate the challenges ahead.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your application in the United States straightforward and successful. Whether you’re applying for a U Visa or T Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
