8 CFR § 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.

---
identifier: "/us/cfr/t8/s319.3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "8 CFR § 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."
title_number: 8
title_name: "Aliens and Nationality"
section_number: "319.3"
section_name: "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."
chapter_name: "DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "C"
subchapter_name: "NATIONALITY REGULATIONS"
part_number: "319"
part_name: "SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: SPOUSES OF UNITED STATES CITIZENS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "8 U.S.C. 1103, 1430, 1443."
cfr_part: "319"
---


# 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), 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, except for those contained in 8 CFR 316.2(a)(3) through (6).

(b) *Remarriage of the surviving spouse.* The surviving spouse of a United States citizen described under paragraph (a)(1) of this section remains eligible for naturalization under section 319(d) of the Act, even if the surviving spouse remarries.

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