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If you were married to a U.S. citizen who had filed Form I-130, for you before he or she died, you do not need to file Form I-360. If you were married to a U.S. citizen before the citizen’s death, but had no I-130 petition filed on your behalf, you can self-petition within 2 years of the citizen’s death on Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. To qualify, you must not have been divorced or legally separated from a U.S. citizen at the time of death. Your eligibility end if you have remarried. You may be eligible to receive a green card through widow/widower status if you:
- Were married to a U.S. citizen at the time he/she passed away;
- Pending or approved Form I-130, Or
- Have filed a Form I-360 within 2 years of your spouse’s death*
- Have not remarried;
- Not divorced or legally separated from your spouse at the time spouse died;
- Able to provide proof, that you were in a bona fide marital relationship until the time of your spouse’s death;
- Are admissible to the United States;
*no later than October 28, 2011, if your citizen spouse died before October 28, 2009, and you were married less than 2 years.