Petitions for Widow(er)s
This guide is intended for widowed immigrants seeking to obtain an immigration benefit through their deceased spouse.
GenerallyTo immigrate as the widow(er) of a citizen, you must prove that you were legally married to the citizen, and that you entered the marriage in good faith, and not solely to obtain an immigration benefit.
Specific EligibilityYou may be eligible to receive a green card through widow/widower status if you:
1. Were married to a U.S. citizen at the time he or she passed away
2. Either have a pending or approved Form I-130 or you have filed a Form I-360 within 2 years of your spouse's death (or no later than October 28, 2011, if your citizen spouse died before October 28, 2009, and you were married less than 2 years).
3. Are not remarried
4. Were not divorced or legally separated from your spouse at the time he or she died
5. Are able to prove that you were in a bona fide marital relationship until the time of your spouse's death
6. Are admissible to the United States
Application ProcessDepending on whether an I-130 was submitted on your behalf, you will either do nothing (as the I-130 will be automatically converted to an I-360), or you will submit Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.