Losing a spouse is an incredibly difficult experience, especially when it disrupts your future plans for living in the United States. But if you are the widow of a U.S. citizen, there’s still a path forward. U.S. immigration law provides a process that allows surviving spouses to apply for a green card and eventually U.S. citizenship, even after their citizen spouse has passed away.
Marriage to a U.S. citizen does not automatically grant immigration status. However, the law makes accommodations for certain surviving spouses to continue the process. If your citizen spouse died before you were able to apply for permanent residence, you may still qualify for a green card. And once you become a permanent resident, you may later apply for naturalization just like other green card holders.
Applying for a Green Card as the Widow(er) of a U.S. Citizen
There are essentially two ways that the widow of a U.S. citizen can apply for permanent resident status. It depends if that U.S. citizen spouse had already filed a petition on your behalf before their death. There’s actually a third path to recognize the sacrifices of widow(ers) of U.S. service members killed in combat.
Pending or Approved Petition
If you were married to a U.S. citizen who filed Form I-130 (Petition for Alien Relative) for you before they died, you do not need to file an additional petition. The Form I-130 will be automatically converted to a Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant). If you have children (unmarried and under age 21), they may be included on the Form I-360 regardless of whether your deceased spouse had filed a petition for them.
If you separated from your spouse before death, you are not eligible. To qualify, you must not have been divorced or legally separated from the U.S. citizen at the time of death. Additionally, your eligibility to immigrate as a widow(er) ends if you have remarried.
No Previous Petition
If your U.S. citizen never filed Form I-130 for you, there is still a path to a green card. You can self-petition as an “immediate relative” on Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
To qualify, you must not have been divorced or legally separated from the U.S. citizen at the time of death. Also, your eligibility to immigrate as a widow(er) ends if you have remarried. You must file the I-360 petition within two years of the citizen’s death.
Military Widow(ers)
For surviving spouses of deceased U.S. military members who were killed in combat, there are separate immigration benefits. Military widow(ers) who meet certain requirements may self-petition for immediate relative status on Form I-360.
For more information and possible resources to help, contact USCIS about family based survivor benefits. They established a toll-free military help line, 877-CIS-4MIL (877-247-4645) exclusively for current members of the military and their families.
Eligibility for a Widow or Widower to Obtain a Green Card
In summary, a widow or a widower may be eligible to apply for permanent residence in the United States if that applicant:
- Was married to a U.S. citizen at the time that same citizen passed away;
- Has a pending or approved Form I-130 or files Form I-360 within 2 years of the U.S. citizen spouse’s death;
- Has not remarried;
- Was not divorced or legally separated from the U.S. citizen spouse at the time they died;
- Is able to prove that they were in a bona fide marital relationship until the time of your spouse’s death; and
- Is admissible to the United States.
Children of the Widow(er)
In most cases, the children of a U.S. citizen born abroad are automatically U.S. citizens. If the child is born abroad, you’ll likely need to contact the closest U.S. embassy to obtain documentary proof in the form of a Consular Report of Birth Abroad.
However, as mentioned previously, the U.S. citizen’s step children will also typically qualify for permanent resident status. It’s important to note that in order to be a legal step child, the parents must marry before the child turns 18. Unmarried children under the age of 21 will qualify as “derivatives” on the parent’s green card petition.
As immediate relatives, your derivative children are granted benefits of the Child Status Protection Act, which “freezes” their ages as of the date of the principal’s filing of Form I-130 or I-360, whichever is applicable. This provision prevents them from aging-out if they turn 21 prior to an approval of their green card application. They must, however, continue to meet any other additional filing requirements.
Becoming a U.S. Citizen as the Widow of a U.S. Citizen
Once you become a lawful permanent resident (green card holder), the next step may be applying for U.S. citizenship. As the widow of a U.S. citizen, you are eligible to apply for naturalization — just like other green card holders. However, the timeline for applying may vary depending on the circumstances.
Standard Naturalization Timeline
Most permanent residents must wait five years after receiving a green card before applying for citizenship. During this period, you must meet continuous residence and physical presence requirements, demonstrate good moral character, and pass English and civics tests.
As a permanent resident you generally must satisfy all of the following requirements:
- Are at least 18 years old
- Lived within the same state for at least 3 months before filing the application
- Met the 5-year continuous residence requirement
- Met the 30-month physical presence requirement
- Able to pass the English test as well as U.S. civics test
- Is a person of good moral character
Naturalization After Three Years (Spouses of U.S. Citizens)
Spouses of U.S. citizens may typically apply for naturalization after just three years as a permanent resident. It's essential that they’ve been living in marital union with the U.S. citizen for that entire time. This provision in the law gives spouses of U.S. citizens a fast path to naturalize as compared to typical applicants. However, this option does not apply to surviving spouses because the marital union ends at the time of the citizen’s death.
No Shortcut for Surviving Spouses
Even if you were married to a U.S. citizen, surviving spouses are generally not eligible for the shortened three-year naturalization timeline. Instead, you must follow the standard five-year rule. This is because the special three-year path requires that the citizen spouse be alive during the entire qualifying period.
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