Californiya Immigration

Approved Widow Petition

by

Approved Widow(er) Petition — Green Card for Surviving Spouse

Approval of this petition classifies the
surviving spouse as an “immediate relative” under U.S. immigration law. As a result, this status allows them to move forward to obtain lawful permanent resident status (a green card). 

Approved Widow Petition

Who Is Eligible?

To qualify for a widow(er) petition, all of the following must be true: 

  • You were legally married to a U.S. citizen at the time of their death. 
  • You entered the marriage in good faith — not solely for immigration benefits. 
  • You were not divorced or legally separated from your U.S. citizen spouse when they died. 
  • You have not remarried after your spouse’s death. 
  • Either you have a pending or approved immigrant petition filed by the deceased spouse before death
    (converted to Form I-360), OR you file a new I-360 within the required time period. 

If your spouse did *not* file an I-130 before they died, you must file Form I-360 as a
self-petition within **2 years of your spouse’s death**. 

How the Petition Gets Approved

A widow(er) petition can be based on either of the following:

  • Automatic conversion: If your deceased spouse filed a Form I-130
    petition for you before passing away, USCIS will automatically convert that I-130 to
    an I-360 widow(er) petition after notice of death is submitted. 
  • New I-360 filing: If no I-130 was filed, you must file your own Form I-360
    within the two-year deadline. 

What Happens After Approval

Once your I-360 petition is approved, you move on to the next step of the immigration process: 

  • If you live in the U.S.: You may file Form I-485, Application to Register
    Permanent Residence or Adjust Status    , either concurrently with Form I-360 or after
    I-360 approval. 
  • If you live outside the U.S.: The approved I-360 will be forwarded to the
    U.S. embassy or consulate in your country, where you will complete immigrant visa
    processing. 

In either case, you must demonstrate admissibility to the United States and meet all general
requirements for a green card. 

Derivative Benefits for Children

Unmarried children under the age of 21 may be included as “derivative beneficiaries” on
your widow(er) petition. As immediate relatives, children benefit from the provisions of
the Child Status Protection Act, which can “freeze” their age as of the date of filing and
prevent them from “aging out” before the process is complete. 

Restrictions and Time Limits

• You **lose eligibility** for widow(er) classification if you remarry before immigration
or adjustment of status. 
• If no I-130 was filed before death, you must file your I-360 within the regulatory
two-year window after the spouse’s death. 

Filing Tips and Requirements

When submitting Form I-360 for widow(er) classification, include: 

  • Marriage certificate showing the marriage at the time of death. 
  • Death certificate of the U.S. citizen spouse. 
  • Evidence the marriage was in good faith (photos, joint financial records, affidavits). 
  • Proof that you were not divorced or legally separated at the time of death. 
  • Form I-360 filing fee and supporting documents per USCIS instructions. 

Work Authorization and Travel (if Adjusting Status)

If you file Form I-485 along with or after your I-360, you may also apply for an
Employment Authorization Document (EAD) and Advance Parole (travel permission) while
your adjustment case is pending. 

Contact Form