Green Card & Immigrant Visas I-360 Widow(er) Petition

I-360 Widow(er) Petition

If your U.S. citizen spouse has died, you may still be eligible to obtain a green card through adjustment of status in the United States by filing an I-360 Widow(er) petition through the United States Citizenship and Immigration Services (USCIS). 

You may be eligible to adjust status to a lawful permanent resident regardless of whether or not your spouse filed an I-130 relative petition on your behalf. 

Filing Deadline

If you do not have a pending I-130, or an approved I-130, you must file your I-360 petition within 2 years after the death of your spouse. If you do not file within the 2-year deadline, you may no longer be eligible to receive your green card through an I-360 widow(er) petition.

Eligibility

To be eligible to receive a green card through an I-360 Widow(er) Petition, you must show:

• You were married to a U.S. citizen at the time of their death;
• You either have a pending I-130, approved I-130, or that you have filed Form I-360 within 2 years of your spouse’s death;
• You are not remarried;
• You were not divorced or legally separated from your spouse at the time of their death;
• You are able to prove that your marriage was genuine until the time of your spouse’s death; and
• You are admissible to United States.

Children of Widow(er) 

Your unmarried children under the age of 21 (known as “derivatives”) may be included in your petition. Under the Child Status Protection Act, your children’s age “freezes” as of the date of the filing of the I-130 petition or I-360 petition. Thus, even if they turn 21 before the adjustment of status application is adjudicated, they can still obtain their green card as long as the I-130 or I-360 was filed before they turned the age of 21. 

Spouse Deceased While I-130 Pending

If your spouse died while the I-130 petition was pending, USCIS will convert the I-130 to an I-360 petition after you have notified them of the passing of your spouse. You should notify USCIS as soon as possible by sending them a letter along with your spouse’s death certificate. 

Spouse Deceased After I-130 Approval

If the I-130 was approved before the death of your spouse, you do not need to file an I-360 and USCIS will continue processing your I-485 application for adjustment of status.

If your U.S. citizen spouse has passed away and you are unsure whether you, or your children can still obtain a green card, contact Boyadzhyan Law for a free initial case evaluation. (818) 572-4100 | info@boyadzhyanlaw.com