I-360, Widow(er)

A Widow or Widower of a U.S. citizen

Form I-360 includes a specific category for the U.S. Citizen’s widow or widower seeking immigration benefits in the U.S.

Who may file Form I-360 as a Widow(er)?

Despite your U.S. citizen spouse’s death, you may still apply for immigration benefits using Form I-360. If your U.S. citizen spouse dies before filing a Form I-130, “Petition for Alien Relative,” to sponsor you for a green card, you may still be eligible to receive a green card by “self-petitioning” and filing Form I-360.

Form I-360 as a Widow(er) Eligibility

A widow(er) of a U.S. citizen may be eligible for immigration benefits if they meet the main eligibility requirements for Form I-360, as follows:

Marriage: The widow(er) must have been legally married to the U.S. citizen when the citizen died. The spouses must have entered a bona fide marriage in good faith and not solely for immigration purposes. You would not be eligible if you were already divorced or legally separated from your citizen spouse at the time of their death.

Good Moral Character: The widow(er) must demonstrate good moral character and that they do not have a prior criminal or immigration violation history.

Intent to Marry: The widow(er) must establish that they did not remarry, except for a widow(er) who remarried after age 60 or after age 50, if disabled. You are generally ineligible to file Form I-360 if you have remarried.

Filing Deadline: The widow(er) must file the Form I-360 petition within two years of the U.S. citizen spouse’s death. However, USCIS has the discretion to excuse late filings in certain circumstances.

However, you do not need to file this petition if your deceased U.S. citizen spouse had filed Form I-130 for you before they died, and it was approved or still pending when he died. Your Form I-130 was converted to a widow(er) ‘s Form I-360 when your U.S. citizen spouse died.

Supporting documents to establish Form I-360 eligibility:

Proof of marriage with the deceased U.S. Citizen spouse

Proof of termination of any prior marriages for either of you

Evidence of the U.S. citizen spouse’s death,

Evidence of your spouse’s U.S. citizenship

Other relevant documents.

Derivative beneficiaries for Form I-360

You may include on your Form I-360 your unmarried children under 21, whether or not your deceased U.S. Citizen spouse had previously filed a petition I-130 for them.

Source: USCIS

You may refer to your personalized filing instructions from Fil Am Law Firm based on your specific situation. Our simple instructions provide details on supporting documents with samples if you need them. Upon hiring and providing Fil Am Law Firm with your information and supporting documents, our legal team will organize the package and mail it to USCIS with your prepaid government filing fee.