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    mike657's Avatar
    mike657 Posts: 2, Reputation: 1
    New Member
     
    #1

    Jun 30, 2009, 10:06 AM
    Change of Martial Status
    I am a permanent resident of United Status and Married, but recently my wife passed away and do I need to change my status to Single, if so what is the process
    DCcityboy's Avatar
    DCcityboy Posts: 648, Reputation: 27
    Senior Member
     
    #2

    Jun 30, 2009, 12:13 PM

    No need to change or notify the USCIS, unless you are a conditional permanent resident. Is your card a 2-year card or 10-year card?

    My condolences for your loss.
    mike657's Avatar
    mike657 Posts: 2, Reputation: 1
    New Member
     
    #3

    Jul 1, 2009, 07:54 AM
    Hi DCcity boy
    Thank you for the reply.
    My GC is 10 yr, do I have to talk to USCIS?
    DCcityboy's Avatar
    DCcityboy Posts: 648, Reputation: 27
    Senior Member
     
    #4

    Jul 1, 2009, 11:44 AM

    No need, your permanent residence is complete (not conditional). You can file for citizenship after you have been a permanent resident for 5 years (actually 4 years, 9 months).

    You cannot file under the expedited three year rule, pursuant to 8 CFR 319.(b)(2)(I) which states in part, “A person is ineligible for naturalization as the spouse of a United States citizen under Section 319(a) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce…The regulations expound on the law and explain how the Service applies and uses the law. Although Section 319(a) of the Act only speaks about living in marital union, the three years immediately preceding the date of filing the application, the Service must also further comply with the regulations.

    I trust this is responsive to your inquiry. Good luck.

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