The widow(er) of a U.S. citizen
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If you were married to 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 the U.S. citizen at the time of death. Your eligibility end if you have remarried.
- 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 prove, 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.
Your Attorney Compiles your Case, you Sign, and your Attorney Submits. Your attorney prepares all necessary USCIS forms and any supporting materials in their power. If there is supporting documentation that only you as the client have access to (ex: former employer letters), they will tell you exactly what you need to do and provide you with samples, so you can get the correct documentation. Once everything is ready, your attorney will compile your case into a professional legal petition, with a cover letter and a table of contents that will please USCIS and/or the other immigration authorities. They will check everything again, and send it to you to print and sign, via our secure online system. You will print and sign your completed case, and mail it to us in the envelope we provide. Your attorney will verify that you signed in the correct places, and they will send it off to the correct USCIS Dropbox, processing center, or other authority. It is possible that USCIS or other immigration authorities may request additional documentation/clarification regarding your petition. Your attorney will handle any such requests, communicating with you as required. Please visit our How our Legal Services Work page.*
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