Widow or Widower of a U.S. Citizen

✅ No wait list

🌿 Quick Summary

•Who: Surviving spouse of deceased U.S. citizen, Must file within 2 years of spouse's death, Must not have remarried
•Wait time: No wait list — visas always available
•Total estimated time: 12–24 months

Description

If your U.S. citizen spouse died, you may still be able to get a green card — even if your spouse never filed a petition for you before passing away. This is called the "widow(er)" path. To qualify, you must file your petition within 2 years of your spouse's death and you must not have remarried. There is no annual visa cap for this category, so you do not have to wait in a long line once your petition is approved.

Who Qualifies

✅ Who Can Apply

•You were legally married to a U.S. citizen
•Your U.S. citizen spouse has died
•You file your I-360 petition within 2 years of your spouse's death
•You have not remarried
•Your children and their children may also be included as derivatives

❌ Who Cannot Apply

•People who remarried after the U.S. citizen spouse died
•People who file more than 2 years after the spouse's death
•People who were legally separated (not just separated) at the time of death in some jurisdictions

⏱ Timeline

Total estimated time: 12–24 months

I-360 petition processing

~8–14 months

I-485 (adjustment) or consular processing

~8–18 months

☑ Application Checklist

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File I-360 within 2 years of your spouse's death — missing this deadline permanently bars this pathimmediately
Do not remarry before your green card is approved — remarrying terminates eligibilityongoing
Gather all evidence of a genuine marriage: joint tax returns, lease agreements, insurance policies, photos together, bank statementsBefore filing
Obtain certified copy of your spouse's death certificateBefore filing
Obtain proof of your spouse's U.S. citizenshipBefore filing
If the U.S. citizen spouse had children from this or another marriage, determine if they qualify as derivative beneficiaries and include them in your I-360Before filing
Get medical exam (Form I-693) from a USCIS civil surgeonbefore_i485_filing
File I-864W instead of I-864 — you are exempt from the usual sponsor income requirementsAt filing
Do not travel without Advance Parole if I-485 is pendingDuring pending

✉️ Letter Templates

💡 Tips to Speed Up and Prevent Denial

🔴 Avoid Denial

The 2-year filing deadline is absolute. If you miss it, this path is permanently closed. File as soon as possible after the death of your spouse, even if you are still in mourning. You can always add documents later if needed.

🔵 Quality

USCIS still looks at whether the marriage was genuine (not just for immigration purposes). Gather strong evidence of a real relationship: joint tax returns filed together, insurance beneficiary designations, shared leases or mortgages, bank accounts, and photographs together over time.
If your deceased spouse had already filed an I-130 for you before dying, you may be able to use that petition instead of filing a new I-360. Consult an immigration lawyer to determine the best path in your specific situation.