Our office recently secured approval of a green card for a widow of a U.S. citizen through the I-360 petition process. This type of case highlights an important immigration option that many people do not realize exists. Under U.S. immigration law, the widow or widower of a U.S. citizen may still qualify for a green card even after the U.S. citizen spouse has passed away.
The process is completed by filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with U.S. Citizenship and Immigration Services (USCIS). This immigration petition allows the surviving spouse of a U.S. citizen to self-petition for lawful permanent residence, meaning the applicant does not need a living spouse to sponsor them.
Eligibility for a Green Card as the Widow or Widower of a U.S. Citizen
To qualify for a green card through the I-360 widow(er) petition, the applicant must generally show:
- A valid marriage to a U.S. citizen
- The marriage was entered into in good faith
- The U.S. citizen spouse passed away
- The surviving spouse has not remarried
- The petition is filed within two years of the U.S. citizen’s death
In many situations, the applicant may also be able to file Form I-485 Adjustment of Status, which is the application for the green card (lawful permanent residence) itself.
Proving a Bona Fide Marriage
One of the most important parts of an I-360 widow(er) immigration case is demonstrating that the marriage was real and not entered into for immigration purposes. USCIS often requires documentation such as:
- Marriage certificates
- Joint bank accounts
- Shared lease or mortgage documents
- Insurance policies
- Photographs of the couple
- Evidence of living together
USCIS may also schedule an immigration interview to review the relationship and confirm eligibility for the widow green card petition.
Strict Filing Deadlines
Timing is extremely important in widow immigration cases. In most circumstances, the I-360 petition for a widow or widower must be filed within two years of the U.S. citizen spouse’s death. Missing this deadline can prevent the surviving spouse from obtaining a green card through this category.
Because of these strict time limits and documentation requirements, the I-360 widow green card process can become complicated without proper preparation.
Help With the I-360 Widow Green Card Process
Our recent case approval demonstrates that the I-360 widow(er) petition can provide a path to a green card for surviving spouses of U.S. citizens. However, these immigration cases often require careful documentation, strong evidence of a bona fide marriage, and proper handling of USCIS procedures.
If you believe you may qualify for a green card as the widow or widower of a U.S. citizen, it is important to understand the I-360 petition process, USCIS requirements, and filing deadlines. Our office regularly assists clients with widow immigration petitions, green card applications, and adjustment of status cases.
If you have questions about the I-360 widow green card process, contact our office to discuss your immigration options. 954-913-1163 or mslowik@slowiklaw.com