Question by Airman Squid: What procedures should a surviving spouse with expired green card do if US citizen spouse dies?
We will definitely consult the USCIS and a lawyer but today’s a weekend.
Permanent residency was obtained by being married to a US citizen. Married for 5 years and has lived in the US for 5 years which is the required time to apply for citizenship.
Failed to file Naturalization application due to financial struggles. Green card expired few months before US citizen spouse died.
Where does surviving spouse stand?
additional facts: couple has a child currently serving in the US Armed Forces on active duty and is currently waiting for Naturalization interview.
Best answer:
Answer by Phil
EDITED AND UPDATED RESPONSE
Nothing to worry about here.
If you have permanent residency and five years you can file to naturalize at any time; your spouse would have to do with a three year requirement.
Renew your green card right away and before you file.
DAR is right that it’s not a big deal to have an expired green card, you are still legally able to reside but you cannot apply for naturalization until you get a current card.
Verne, Green Cards expire after ten years and must be renewed, but it does not put the resident out of status, they are still entitled to remain. They are required to renew the card when it expires.
Know better? Leave your own answer in the comments!
Tags:Card, citizen, Consulting, dies, expired, Green, Living, procedures, should, spouse, surviving
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