Green Card for a Widow(er) of a U.S. Citizen
Widow petition and AOS
Widow petition and aos . Congress removed this requirement, effective Oct. 28, 2009. 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. Individuals in these categories may self-petition for “immediate relative” status on Form I-360. To obtain a Green Card, you need to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with all required documents as listed in the form instructions.