Approved Widow Petition. Client Married short time to U.S.C. Widow. Congress removed this requirement, effective Oct. 28, 2009. Your eligibility to immigrate as a widow(er) ends if you have remarried. Your eligibility to immigrate as a widow(er) ends if you have remarried. You must file within 2 years of the citizen’s death. If your citizen spouse did not have a Form I-130 pending at the time of death, you must file the Form I-360 no more than 2 years after the death of your citizen spouse.