Another Win: Widow Petition and Adjustment of Status Approved
Our client—a recent widow of a U.S. citizen—has secured both approval of the widow(er) self-petition and green card (adjustment of status). This outcome highlights how a carefully prepared record, timely filings, and strategic problem-solving can convert a difficult loss into lasting immigration stability.
What we proved
- Qualifying relationship: A good-faith marriage to a U.S. citizen, with no legal separation at the time of death. Additionally, there must be no remarriage before approval.
- Timeliness: Filing within two years of the spouse’s passing. Alternatively, confirming that a prior I-130 properly converted to an I-360 widow(er) petition.
- Bona fides: Joint residence and commingled life—leases, taxes, insurance, photos, affidavits. These demonstrate a real marriage, not one for immigration purposes.
- Admissibility: Addressing entry, prior status, and any immigration or criminal issues. Completing the medical exam (I-693) and documenting all required vaccinations are also necessary.
Why this path matters
- Immediate relative category: Visa numbers are always available, enabling concurrent filing of the I-360 and I-485 adjustment when eligible.
- No I-864 required: Widow(er) self-petitioners are exempt from the Affidavit of Support. They typically submit Form I-864W to claim the exemption.
- Protection for children: Unmarried children can benefit as derivatives. They can pursue their own adjustments based on the approved widow(er) petition.
How we overcame hurdles
- Resolved document gaps (older marriage evidence, name changes, unavailable civil records).
- Organized a clear timeline of the relationship and medical events.
- Responded to USCIS Requests for Evidence with targeted proof and expert affidavits.
- Coordinated biometrics, medicals, and interview prep, ensuring consistent, credible testimony.
What approval delivers
- Permanent residence, work authorization, and travel permission (post-approval).
- A pathway to U.S. citizenship when eligible.
- Stability for the entire family unit.
How we can help you
If you lost a U.S. citizen spouse, act quickly. We will audit eligibility, structure the I-360 + I-485 strategy, and prepare compelling evidence. Moreover, we manage interviews and shepherd the case through approval—so you can focus on healing and moving forward.
