This guide is intended for widowed immigrants seeking to obtain an immigration benefit through their deceased spouse.
You may be eligible to receive a green card through widow/widower status if you: 1. Were married to a U.S. citizen at the time he or she passed away 2. Either have a pending or approved Form I-130 or you have filed a Form I-360 within 2 years of your spouse’s death (or no later than October 28, 2011, if your citizen spouse died before October 28, 2009, and you were married less than 2 years). 3. Are not remarried 4. Were not divorced or legally separated from your spouse at the time he or she died 5. Are able to prove that you were in a bona fide marital relationship until the time of your spouse’s death 6. Are admissible to the United States
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.
Living Outside the U.S. with a Pending Immigrant Petition
If you live outside of the U.S. and your spouse had previously submitted an I-130 on your behalf, your approved petition will be forwarded overseas to the U.S. embassy or consulate that has jurisdiction over where you live. From there, you will go through an interview at your local U.S. embassy or consulate to confirm your eligibility.