Widow Penalty to End

For years, the “widow penalty” meant that if a U.S. citizen died before USCIS decided a spousal petition—and the marriage was under two years—the surviving spouse could lose eligibility for a green card. Ending the widow penalty recognizes that genuine marriages do not become invalid because of tragedy and restores a fair path to permanent residence.

What changes for surviving spouses

• No two-year marriage requirement. A good-faith marriage to a U.S. citizen is what matters, not its length.
• Self-petition available. A widow(er) may file an I-360 self-petition within two years of the citizen’s death (absent remarriage).
• Automatic conversion. If a Form I-130 was filed before the death, it generally converts to an I-360, preserving priority and avoiding refiling.
• Immediate relative category. Visa numbers are always available, permitting concurrent filing of I-360 + I-485 (adjustment of status) when otherwise eligible.
• No Affidavit of Support. Widow(er)s use Form I-864W (exempt), though proof of bona fide marriage and admissibility remains required.
• Derivative children protected. Unmarried children may benefit as derivatives; CSPA can help preserve eligibility when processing takes time.

Eligibility and evidence

• Valid marriage to a U.S. citizen; no legal separation at death.
• No remarriage before approval of the self-petition.
• Proof of good-faith relationship: leases, taxes, joint finances, photos, affidavits, correspondence, and evidence of shared life.
• Standard admissibility documentation, including medical exam (I-693) and any needed waivers.

Adjustment vs. consular processing
Eligible applicants inside the U.S. can adjust status; others may proceed via consular processing with the approved I-360. In both paths, careful preparation reduces Requests for Evidence and interview issues.

Common pitfalls
Missing the two-year filing window, gaps in relationship proof, or complications like name changes and unavailable civil records can delay or derail approval.

How we help
We audit eligibility, structure the I-360/I-485 strategy, assemble compelling evidence, respond to RFEs, and guide you through interview and final approval—transforming loss into lasting stability.Es, and guide you through interview and final approval—transforming loss into lasting stability.