Immigrating to America can be an exciting time, especially for a couple that is looking forward to living together. However, things happen, and unfortunately a question that must be asked is: My U.S. citizen spouse died – can I still apply for permanent residency in the U.S.? As a green card lawyer can explain, yes, you can depending on whether or not you qualify under the requirements for an I-360 for Widowers. The general requirements and steps for this process are detailed below:
Who Can File An I-360 For Widowers?
To qualify as a widower, you must meet the following eligibility criteria:
- Marriage To A U.S. Citizen:
- You must have been legally married to a U.S. citizen at the time of their death.
- Filing Within Two Years:
- You must file the I-360 petition within two years of your spouse’s death. The sooner this is filed with the help of an attorney, the better.
- Good Faith Marriage:
- You must demonstrate that the marriage was genuine and not entered into for immigration purposes.
- Unmarried At Time Of Filing:
- You must not have remarried since your spouse’s death.
- Eligibility To Enter The U.S.:
- You must not be inadmissible under U.S. immigration law (e.g., due to criminal history, health issues, etc.).
Steps To File An I-360 As A Widower
- Complete Form I-360:
- Provide all required information about yourself, your deceased spouse, and the marriage. As our friends at Bolour / Carl Immigration Group, APC would recommend, it is best to contact a lawyer to ensure that you fill this out properly. Even the smallest mistake can cause this to be rejected, complicating your immigration process.
- Submit Supporting Documents:
- Proof of your spouse’s U.S. citizenship (e.g., birth certificate, naturalization certificate).
- Evidence of the bona fide marriage, such as:
- Marriage certificate.
- Joint financial records.
- Photos or affidavits from people who knew about the relationship.
- Your spouse’s death certificate.
- Proof that you meet all eligibility criteria.
- File The Petition:
- Submit the I-360 form and supporting documents to the appropriate U.S. Citizenship and Immigration Services (USCIS) address.
- Adjustment Of Status (If Applicable):
- If you are in the U.S. and eligible, you can file Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently with Form I-360 or after it is approved.
What Happens After Filing?
- Approval Of The I-360: If USCIS approves your petition, you can move forward with applying for a green card.
- Visa Processing (If Outside The U.S.): If you are abroad, the approved petition will be sent to the National Visa Center (NVC) to begin consular processing for your immigrant visa.
- Adjustment Of Status (If In The U.S.): You can apply for permanent residency while staying in the U.S.
Of course, this is a very simplified overview of this entire process. Each immigration case is unique, so your process might not follow the exact steps mentioned above. That is why it is best to have legal representation so you do not complete any unnecessary steps. Contact an attorney near you for help.