ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 2 12 LastLast
Results 1 to 10 of 12

Thread: Widower and citizenship

  1. #1
    Hi guys,
    I have a question and can't find anything related to it online.
    My wife passed away 6 months ago and I already got my 10years green card under widower category.
    My question is: for how long do I have to hold the green card before being eligible to apply for the citizenship? 3 years, 5 years? I have no clue.

    Thank you very much and have a great afternoon.

  2. #2
    Hi guys,
    I have a question and can't find anything related to it online.
    My wife passed away 6 months ago and I already got my 10years green card under widower category.
    My question is: for how long do I have to hold the green card before being eligible to apply for the citizenship? 3 years, 5 years? I have no clue.

    Thank you very much and have a great afternoon.

  3. #3
    Good question. I would think it would be 5yrs as the petitioner no longer exists. Did you do an I-360?
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  4. #4
    No, I didn't do an I-360. We had a pending I-485 when she passed.

  5. #5
    How was it adjudicated?
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  6. #6

  7. #7
    I mean how was your application approved? You say you were approved under the widower category which implies no interview so you must have offered evidence of a good faith marriage?
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  8. #8
    What happened was, we had the I-485 interview scheduled and my wife passed away before the interview. So I showed up by myself with her death certificate and did the interview. I got approved and my green card has category "IW-6" wich is for widow/er of US Citizen.
    Of course I showed a bunch of evidence because we got married for love, and were married for 5 years.
    That's my doubt: I know people are supposed to stay married for 3 years in order to apply for the citizenship. But in my case I have no idea of the waiting time.

  9. #9
    I suspect you are looking at 5yrs (minus 90 days) before you can apply for Naturalization although if LPR is gained via an I-360 under VAWA it's only 3yrs. That's why I was asking if you had filed an I-360.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  10. #10
    Whereas, I opine that the OP is looking at the 3-year minus 90 days N-400 application timeline. I'm basing it on FY10 Department of Homeland Security Appropriations bill (P.L.111-83) that President Obama signed into law on 10/28/09, which among other things, invalidated the 'widow(er) penalty.'

    There are no hard-cut implementing guidelines yet coming from either the DHS or the DOS in relation to this law. But some practitioners assume that if the USC spouse filed an I-130 petition prior to his/her death, then the I-130 petition will be automatically converted to an I-360 petition. As is the case in the OP's instance.

Similar Threads

  1. Citizenship
    By in forum Immigration Discussion
    Replies: 2
    Last Post: 08-02-2005, 07:51 PM
  2. widower and father here since 1989 on expired tourist visa
    By Jim Hanlon in forum Immigration Discussion
    Replies: 2
    Last Post: 10-13-2004, 07:40 PM
  3. HELP for father/widower on expired visa
    By Jim Hanlon in forum Immigration Discussion
    Replies: 5
    Last Post: 10-12-2004, 12:40 PM
  4. Replies: 2
    Last Post: 07-18-2003, 06:09 PM
  5. CITIZENSHIP
    By in forum Immigration Discussion
    Replies: 3
    Last Post: 06-17-2003, 11:49 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: