Loune-Djenia Askew,Esq.
Oct 2, 2023
Widows or widowers who were married to a U.S. citizen at the time of death of the citizen may apply for a Green Card if the deceased U.S. citizen spouse filed Form I-130 (Petition for Alien Relative) for them before passing away. USCIS will treat the previously filed Form I-130 as a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
Widows or widowers who were married to a U.S. citizen at the time of death of the citizen may apply for a Green Card if the deceased U.S. citizen spouse filed Form I-130 (Petition for Alien Relative) for them before passing away. USCIS will treat the previously filed Form I-130 as a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. If the couple had children (unmarried and under 21), they may be included in the Form I-360 regardless if the deceased U.S. citizen spouse filed for them. To qualify, the widow/widower must not have been divorced or separated from the U.S. citizen spouse at the time of their death. The eligibility to immigrate as a widow(er) ends if the widow(er) has remarried.
Widow(er) Without a Pending or Approved Immigrant Petition
If you were married to a U.S. citizen and they passed but had not filled form I-130 you can self-petition as an ”immediate relative” on Form I-360. To qualify you must file within two (2) years of your spouse’s death. If your spouse did not have Form I-130 pending at the time of death, you must file the Form I-360 no more than two (2) years after your spouse's death.
Eligibility Criteria
You may be eligible to receive a Green Card through widow(er) status if you:
Were married to a U.S. citizen at the time of their death
Either have a pending or approved Form I-130
File form I-360 within two (2) years of death
Did not get remarried
Were not divorced or legally separated from your spouse at the time of their death
Are able to prove that you were in a bond fide marital relationship until the time of your spouse’s death
Are admissible to the U.S..
If you live outside the U.S.
You should submit the following evidence as documentation with your application:
Two passport-style photos
A Copy of your birth certificate
A Copy of your passport with nonimmigrant visa
A Copy of your passport page with admission or parole stamp
Form I-94 Arrival/Departure record
Form I-693, Report of Medical Examination and Vaccination Record
Form I-130 receipt notice or approval letter (Form I-797)
From I-360 with all required documents, if filling at the same time with Form I-485
If not filling concurrently, Form I-360 receipt notice or approval letter ( Form I-797)
Children of Widow(er) of a U.S. Citizen
Your unmarried children (21 and under) may be included on your immigration petition. As “immediate relatives,” your derivative children are granted benefits under the Child Status Protection Act, which freezes their ages as of the date of the Principal filling of Form I-130 or I-360. When you have a pending Form I-485, it is possible for you to apply for authorization to work in the U.S. and to seek parole.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns