Green card for the widow or widower of a U.S. citizen

A path the law kept open

Losing a spouse is disorienting enough without discovering that your immigration case died with them. It didn't have to, and in most cases it doesn't. Congress preserved a route for widows and widowers of U.S. citizens: you may petition for yourself, without any sponsor, and you are treated as an immediate relative — no visa caps, no waiting line for a number. The rules below have firm deadlines, so if you are recently bereaved, please let someone help you watch the calendar while you grieve.

Who qualifies

You may self-petition as a widow(er) if all of the following are true:

You were legally married to a U.S. citizen at the time of their death. There is no minimum length of marriage. The marriage must have been genuine — the same bona fide marriage evidence that supports any spousal case supports this one: joint finances, shared residence, insurance and beneficiary designations, and the testimony of people who knew you as a couple.

You file Form I-360 within two years of your spouse's death. This deadline is unforgiving. If the second anniversary is approaching, filing something complete and timely matters more than filing something perfect and late.

You have not remarried before the petition is approved. Remarriage before approval bars the widow(er) petition. This is a genuinely painful rule, and it makes timing conversations important for anyone considering a new marriage — talk to an attorney before, not after.

You must also be otherwise admissible, like any green card applicant. A legal separation situation at the time of death raises questions worth reviewing with counsel rather than guessing about.

If an I-130 was already pending: automatic conversion

If your spouse had already filed a Form I-130 for you before they died, you do not start over. The pending I-130 converts automatically to a widow(er) I-360 self-petition — no new filing, no new fee, and your original priority date is preserved. Tell USCIS of your spouse's death, and keep every receipt notice from the original case. If the I-130 had already been approved, the case can generally continue as well; the mechanics differ slightly, and we can review which posture you're in.

Your children can be included

Your unmarried children under 21 can be included on your I-360 as derivative beneficiaries — they follow your case rather than needing petitions of their own. Because children's eligibility can be affected by time and age, include them from the start and see our pages on green cards for children and CSPA protection against aging out if any child is approaching 21.

How the process works

Step 1 — File the I-360 with your marriage certificate, your spouse's death certificate, proof of their U.S. citizenship, and evidence of your genuine marriage. If you are in the United States and eligible, you can often file the I-360 together with Form I-485 ($1,440) to adjust status without leaving, and request a work permit (I-765, $260 with the I-485) in the same package. USCIS accepts electronic payment only.

Step 2 — If you are abroad, an approved I-360 moves through the National Visa Center and a consular interview, like other immigrant visa cases — see consular processing.

Step 3 — The interview. Expect one; interviews are near-universal in 2026. The focus is the genuineness of your marriage, so organized evidence and honest testimony carry the day. Our interview guide applies, adapted to your circumstances — you will not be asked to relive your loss beyond what the record requires, and you're entitled to have your attorney with you at USCIS.

One practical mercy in these cases: because you self-petition, there is no petitioning sponsor's I-864 affidavit of support in the usual form — though financial questions can still arise under the public charge rules, and a broader public-charge rule takes effect September 18, 2026 (the filing date controls which standard applies — see what that means). It's one more reason not to delay a case that's ready.

What to do next

Mark the two-year date from your spouse's death, gather the core documents — marriage certificate, death certificate, proof of citizenship, and your evidence of a shared life — and talk to an attorney about which posture you're in: fresh I-360, converted I-130, or approved petition continuing forward. We handle these cases with care, in English, Russian, Spanish and Uzbek — and in any other language through live translation, at a flat fee quoted up front. You've carried enough; let the paperwork be ours.