---
kind: "section"
citation: "8 C.F.R. § 319.3"
title: "8"
number: "319.3"
heading: "Surviving spouses of United States citizens who died during a period of honorable service in an active duty status in the Armed Forces of the United States."
url: "https://uscodex.org/cfr/8/319.3"
---

# §319.3. Surviving spouses of United States citizens who died during a period of honorable service in an active duty status in the Armed Forces of the United States.

- (a) **Eligibility.** To be eligible for naturalization under section 319(d) of the Act, the surviving spouse, child, or parent of a United States citizen must:
  - (1) Establish that his or her citizen spouse, child, or parent died during a period of honorable service in an active duty status in the Armed Forces of the United States and, in the case of a surviving spouse, establish that he or she was living in marital union with the citizen spouse, in accordance with [8 CFR 319.1(b)](/cfr/8/319.1.md?p=b), at the time of the citizen spouse's death;
  - (2) At the time of examination on the application for naturalization, reside in the United States pursuant to a lawful admission for permanent residence;
  - (3) Be a person of good moral character, attached to the principles of the Constitution of the United States, and favorably disposed toward the good order and happiness of the United States; and
  - (4) Comply with all other requirements for naturalization as provided in [8 CFR 316](/cfr/8/316.md), except for those contained in [8 CFR 316.2(a)(3) through (6)](/cfr/8/316.2.md?p=a-3..a-6).
- (b) **Remarriage of the surviving spouse.** The surviving spouse of a United States citizen described under [paragraph (a)(1)](#a-1) of this section remains eligible for naturalization under section 319(d) of the Act, even if the surviving spouse remarries.

## Notes

### Amendments

[56 FR 50488, Oct. 7, 1991, as amended at 76 FR 53798, Aug. 29, 2011]

### Authority

Authority: 8 U.S.C. 1103, 1430, 1443.

### Amendments

[56 FR 50488, Oct. 7, 1991, as amended at 76 FR 53798, Aug. 29, 2011]