Are Widows and Widowers Eligible to Still File for a Green Card?

The widows or widowers who were married to US citizens at the time of the citizen’s death are eligible to apply for a US Green Card. In order to apply, you will need to prove that you were legally married to the citizen, that you entered the marriage in good faith and not for immigration purposes. You will also need to meet the eligibility requirements for the US and have an approved or pending Form I-130 or a filed Form I-130 within 2 years of your spouse’s death.

How Do I Apply?

The first step for a widow(er) is to complete Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. After the form is complete you will need to submit the required evidence and the filing fee. The I-360 requires the following:

  • A copy of the marriage certificate to the US citizen and proof of divorce on any previous marriages.
  • Proof that your spouse was a US citizen which could include a birth certificate, a Naturalization certificate or a US passport
  • Copy of the death certificate of the US citizen

If you already live in the US at the time of your spouse’s death, you will also need to file Form I-485, Application to Register Permanent Residence or Adjust Status. If you are living outside of the US, you just need to file the Form I-360 and wait for a decision. If your spouse had already filed Form I-300 but a decision had not yet been reached, it will automatically be turned into Form I-360 for you by the government. Any children you have may be included on Form I-360. If your spouse was a member of the armed forces who was killed in combat, you may self-petition for “immediate relative” status on your Form I-360.

Are You Interested in applying for a Green Card as a Widow?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for Niren and Associate award-winning immigration firm that adheres to the highest standards of client service.

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