Green Card for Widow(er) of a U.S. Citizen

If you were married to a U.S. citizen who had filed Form I-130, Petition for Alien Relative for you before he or she died, you do not need to file anything. The Form I-130 will be automatically converted to a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. If you have children (unmarried and under age 21), they may be included on the Form I-360 regardless of whether your deceased spouse had filed a petition for them.

To qualify, you must not have have been divorced or legally separated from the U.S. citizen at the time of death. Your eligibility to immigrate as a widow(er) ends if you have remarried.

If you were married to a U.S. citizen before the U.S. citizen’s death but your spouse did not file a Form I-130 on your behalf before they died, you can self-petition as a widow(er) by filing a Form I-360.

You must file the Form I-360 within 2 years of the U.S. citizen spouse’s death.

However, if you were married less than 2 years and your citizen spouse died before Oct. 28, 2009, you had to have filed your Form I-360 by Oct. 28, 2011.

For surviving spouses of deceased U.S. military members who were killed in combat, there are separate immigration benefits under section 1703 of Public Law 108-136. Aliens in these categories may self-petition for “immediate relative” status on Form I-360.

You may be eligible to receive a Green Card as a widow(er) if you:

• Were married to a U.S. citizen at the time they passed away;
• Have an approved Form I-360 either automatically converted from a Form I-130, or filed within 2 years of your spouse’s death (or no later than Oct. 28, 2011, if your citizen spouse died before Oct. 28, 2009, and you were married less than 2 years);
• Are not remarried;
• Were not divorced or legally separated from your spouse at the time they died;
• Can prove that you were in a bona fide marital relationship with your spouse; and
• Are admissible to the United States.

To obtain a Green Card, you need to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with all required documents as listed in the form instructions. If your U.S. citizen spouse filed a Form I-130, Petition for Alien Relative, before their death, the petition automatically converts toa Form I-360.

If You Live in the United States

You may file Form I-485, Application to Register Permanent Residence or Adjust Status, either at the same time you file your Form I-360 or after you file the Form I-360 whether it is pending or approved.  If you already filed Form I-485 based on the Form I-130 petition filed by your spouse, USCIS will continue to process this application and you do not need to file another one.

If You Live Outside of the United States

Your approved Form I-360 petition will be forwarded overseas to the U.S. embassy or consulate that has jurisdiction over where you live. For more information, see the Consular Processing page.

You should submit the following evidence or documentation with your application:

• Two passport-style photos;
• A copy of your birth certificate;
• A copy of your passport page with nonimmigrant visa (if applicable);
• A copy of your passport page with admission (entry) or your parole stamp (if applicable);
• Form I-94, Arrival/Departure Record (if applicable). If CBP gave you an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website;
• Form I-693, Report of Immigration Medical Examination and Vaccination Record, or partial Form I-693 (such as a vaccination record) if applicable; Form I-360 with all required documents, if filing at the same time (concurrently) with Form I-485;
• If not filing concurrently, Form I-360 (or Form I-130 if applicable) receipt notice or approval letter (Form I-797);
• Certified police and court records of criminal charges, arrests, or convictions (if applicable);
• Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);
• Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or waiver of the 2-year foreign residence requirement under INA 212(e) (for more information, see Form I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the INA, as Amended));
• If you currently hold A, G, or E nonimmigrant status and you enjoy certain diplomatic privileges and immunities as a result of your occupational status, include Form I-508, Application for Waiver of Rights, Privileges, Exemptions, and Immunities; and
• Form I-566, Interagency Record of Request – A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (only if you have A, G, or NATO nonimmigrant status).

You will need to undergo a medical exam to be eligible for adjustment as an immediate relative. To locate a civil surgeon near you, see the Find a Medical Doctor page.

Your unmarried children under the age of 21 (known as “derivatives”) may be included on your immigrant petition.

As “immediate relatives,” your derivative children receive benefits of the Child Status Protection Act, which “freezes” their ages as of the date of the Form I-360 filing or automatic conversion, whichever is applicable. This provision prevents them from “aging out” if they turn 21 before we adjudicate their adjustment-of-status or visa application. However, they must continue to meet any other additional filing requirements. For more information, see our page on the Child Status Protection Act.

Generally, when you have a pending Form I-485, you can  apply for authorization to work in the United States and seek advance parole (advance permission to travel and be admitted to the United States upon your return). For further information, see the Employment and Travel Documents pages.

For further information, see sections 201(b)(2)(A)(i) and 204(a)(1)(A) of the Immigration Nationality Act (INA) and 8 CFR 204.2(i)(1)(iv) and 245.