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  • Citizenship problem-Help please!!!!

    Hello everyone,
    I have a huge problem. I tried to find something similar on the board but I guess no one encountered my situetion before.
    I married my husband in 1997(he was GC at that time). In 2000 he got his citizenship.In August 2002 I got my GC. In December 2004 my husband passed away leaving me with 2 children(one was 6 mo old). In 2005 September I went to INS in downtown Atlanta to ask if I was elligible to apply for citizenship based on 3 years marriage with a US citizen. They said yes....so I went and applied. I got my fingerprints done in January 2006 and then I got my interview letter for Feb.22 2006. I went and I passed the test and everything and they gave me the N-..I don't have it in front of me but it said congratulation.... They said to wait in the waiting room to receive the letter for the oath which i was supposed to take the same day. In about 1 hour the officer came back and called my name again. He asked me if I had any other forms with me. I said that I don't and I asked what forms. He said that I needed I-360 because my husband died and I am a widow. I answered that I was not aware of needing that form. Nobody made me aware of it especially the officer that I asked if I was elligible to apply. He asked me to come in his office and he said that I had to make a decision right then and there if I want my application denied and not be able to apply again for 5 years starting with Feb 22 or withdraw my petition and apply again when I will have 5 years of GC which it will be in August 2007. Now I am sad of the whole experience and I need help or at least some advice. Were they right? Should I have done something diffrent? Please help me!!!!

  • #2
    Hello everyone,
    I have a huge problem. I tried to find something similar on the board but I guess no one encountered my situetion before.
    I married my husband in 1997(he was GC at that time). In 2000 he got his citizenship.In August 2002 I got my GC. In December 2004 my husband passed away leaving me with 2 children(one was 6 mo old). In 2005 September I went to INS in downtown Atlanta to ask if I was elligible to apply for citizenship based on 3 years marriage with a US citizen. They said yes....so I went and applied. I got my fingerprints done in January 2006 and then I got my interview letter for Feb.22 2006. I went and I passed the test and everything and they gave me the N-..I don't have it in front of me but it said congratulation.... They said to wait in the waiting room to receive the letter for the oath which i was supposed to take the same day. In about 1 hour the officer came back and called my name again. He asked me if I had any other forms with me. I said that I don't and I asked what forms. He said that I needed I-360 because my husband died and I am a widow. I answered that I was not aware of needing that form. Nobody made me aware of it especially the officer that I asked if I was elligible to apply. He asked me to come in his office and he said that I had to make a decision right then and there if I want my application denied and not be able to apply again for 5 years starting with Feb 22 or withdraw my petition and apply again when I will have 5 years of GC which it will be in August 2007. Now I am sad of the whole experience and I need help or at least some advice. Were they right? Should I have done something diffrent? Please help me!!!!

    Comment


    • #3
      My gut feel is that they were right, you applied for Citizenship on the basis of marriage and you are not.

      You can double check by reading the guide on the USCIS web site.

      Comment


      • #4
        to be eligible in 3 years, one needs to be living with a USC spouse for a period of 3 years. I'm not sure if there are any special considerations for a widow. The form I360 appears to be required of a widow in the event that the alien wishes to acquire LPR after the death of a US spouse. I can't see anything that specifically addresses your situation on the form.

        Was the GC you received in August 2004 a 10 year card?
        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

        Comment


        • #5
          actually it is a 10 year Green card

          Comment


          • #6
            we were married for 9 years. 4 years he was a citizen while we were living together.

            Comment


            • #7
              The applicant must have been an LPR for 3 years AND married to a USC for 3 years at the time of application. You married in 1997, he became a USC in Dec 2000, you received LPR in August 2002 but you were only married for 2 + years while he was a USC, before he died.

              Unless there are special provisions, I'm not finding anything on expeditied Naturalization for a widow. I think you have to await 5 yrs.

              I also can't find a requirement for form I360, though!
              The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

              Comment


              • #8
                Be thankful you have the Green Card, that you don't have to worry about finding another sponsor (as some widows have had to do who didn't already have the GC). It sounds like you'll just have a longer wait, during which you'll be able to do pretty much what you want.

                You didn't say--did you withdraw the petition?

                Comment


                • #9
                  yes I did withdraw my petition. I said that they made me make a decision on the spot.

                  Comment


                  • #10
                    I wished that i will visit my country were I was born with my US passport. My other passport expired and it is very hard to make another one because I will have to register my marriage from here....so on and so forth....It will take forever to do it. I wanted to visit it in May this year....do I have any options as documentations to travel? Thank you for your other reply

                    Comment


                    • #11
                      Lory,
                      Just get your country's passport and be patient. One day you will be a US citizen and life will be the same, its just the initial excitement that one thinks will last forever.

                      Please learn to appreciate what you have.

                      Am surprised you spend more time worrying about citizenship than about your dead husband..or did you marry him to become a citizen?

                      Comment


                      • #12
                        Marasmus,
                        Please be kind.

                        Comment


                        • #13
                          All you have lost is your husband..you will get citizenship later, you have not lost it.

                          If he came back today, do you think he would like you comparing his loss to the issue of citizenship? There should be more love for him for sure, if you really loved him dont you think?

                          You sound like you would marry another man who would give you citizenship since the last one died without fulfilling the 'commitment'.

                          Comment


                          • #14
                            marasmus,
                            I hope you will never get in my shoes. It's hard when you lose so many things. I don't plan to marry another man in this lifetime. I don't like the idea of my children having a step father.
                            anyway I wrote to the senator of my state. Hopefully he might be able to help my dignity.

                            Comment


                            • #15
                              It us usual for most countries to require their citizens to use their passports when enetering, so also having a US passport would make no difference.

                              Comment

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