N-400 pending US spouse passed, 3 year rule no longer applies, what will happen?

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N-400 pending US spouse passed, 3 year rule no longer applies, what will happen?

My U.S. citizen husband just passed away while my N-400 is still pending. I possess a 10-year green card. How his passing would affect my naturalization application? I had my finger printing. I did apply for the 3-year rule before we were married for 3 years, but not due to his passing do I need to wait for the full 5 years? Would my case be rejected without a refund? What will happen next?

Asked on July 28, 2017 under Immigration Law, New Hampshire

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You will not get a refund but at the time of the interview, you may be denied and told to reapply because technically you are no longer married due to your spouse's death.  However, they  may make an exception because at the time of filing you were married and were eligible to apply for citizenship after 3 years.


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