To immigrate as the widow(er) of a U.S. citizen, you must prove that you were legally married to the citizen, and that you entered the marriage in good faith, and not solely to obtain an immigration benefit.

You may be eligible to receive a permanent residence card (Green Card) through widow/widower status if you:

• Were married to a U.S. citizen at the time he or she passed away;

• Were not divorced or legally separated from your spouse at the time he or she died;

• Are able to prove that you were in a bona fide marital relationship until the time of your spouse’s death;

• Are not remarried ;

• Are admissible to the United States and

• 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.

Note: If you were married less than two years, and your citizen spouse died before October 28, 2009, you must file your Form I-360 no later than October 28, 2011.

Your unmarried children under the age of 21 (known as “derivatives”) may be included on your immigration petition.

To obtain a permanent residence card (Green Card):

• Complete the Form 1-360, Petition for Amerasian, Widow(er), or Special Immigrant. Review the form instructions for directions.

• Submit evidence as listed in the form instructions. Refer to Form I-360 instructions for further details.

• Submit the Filing Fee(s). Include the appropriate filing fee with the Form I-360.

• Sign and File the Form I-360. File the application at the correct filing location according to form instructions.

Note: If your spouse filed Form I-130, Petition for Alien Relative, before his or her death, USCIS will consider the petition as if you had filed a Form I-360. USCIS will automatically convert the Form I-130 into a Form I-360.

If you live in the United States:

• You may file Form I-485, Application to Register Permanent Residence or Adjust Status, either at the same time you file your Form I-360 or after you file the Form I-360 whether it is pending or approved. If you already filed Form I-485 based on the petition filed by your spouse, USCIS will continue to process this application and you do not need to file another one.

• Refer to Form I-485 Instructions for further details.

If you live outside the United States:

Your approved petition will be forwarded overseas to the U.S. embassy or consulate that has jurisdiction over where you live. For more information, see the “Consular Processing” page.

Widow(er) With Pending or Approved 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.

Children of Widow(er) of a U.S. Citizen

If you have children (unmarried and under age 21), they may be included on the Form I-360 regardless of whether your deceased spouse had filed a petition for them.

Widow(er) of a U.S. Military Member

For surviving spouses of deceased U.S. military members who were killed in combat, there are separate immigration benefits under section 1703 of Public Law 108-136. Individuals in these categories may self-petition for “immediate relative” status on Form I-360.

Note: If you want to receive an electronic notification, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of your application.

Once USCIS receives your form, we will process your application and then you will receive:

• A receipt notice of your Form I-360 and/or Form I-485 and

• A notice of a decision in writing.

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, $435 filing fee

Additional Form If You Live in the United States - Form I-485, Application to Register Permanent Residence or Adjust Status, $1,140 filing fee

Biometrics fee, $85