Green Cards for Widows 

This guide is intended for widowed immigrants who are seeking an immigration benefit through their deceased spouse.
Generally

To immigrate as the widow(er) of a citizen, you must prove the following:

1. you were legally married to the citizen,

2. you entered the marriage in good faith, and not solely to obtain an immigration benefit.

Widow(er) with a Pending Immigrant Petition
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. Further, 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.

Widow(er) without a Pending Immigrant Petition

If you were married to U.S. citizen before the citizen’s death, but had no I-130 petition filed on your behalf, you can self-petition as an “immediate relative” on Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. To qualify, you must not have been divorced or legally separated from the U.S. citizen at the time of death. You must file within 2 years of the citizen’s death.

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