Comprehensive Guide to Obtaining a Green Card as a Widow(er) of a U.S. Citizen
A U.S. citizen's widow(er) can still obtain a marriage-based green card. The "Widow's Penalty law" was eliminated in October 2009, allowing widow(er)s to apply for a green card regardless of the marriage duration before their spouse's death.
Eligibility Criteria:
1. You were married to a U.S. citizen when they passed away
2. You can prove a "good faith" marital relationship
3. You have not remarried
4. You are admissible to the United States
Application Process:
1. Submit Form I-360 (or have a pending/approved Form I-130) within two years of your spouse's death
2. Choose between Adjustment of Status (if in the U.S.) or Consular Processing (if outside the U.S.)
Adjustment of Status:
- If Form I-130 was filed: USCIS converts it to Form I-360
- If no Form I-130: Submit Form I-360
- Submit Form I-485 for permanent residence
- Processing time: 14-28 months
Consular Processing:
- Submit Form I-360 (or converted Form I-130)
- Complete Form DS-260
- Attend biometrics appointment and in-person interview
- Complete medical examination
- Processing time: 17-24 months
Fees:
- Form I-360: $435 (if not converting from I-130)
- Form I-485: $1,140 + $85 biometrics fee (for most applicants)
- Consular Processing: Approximately $1,200
For more information on the immigration process for widow(er)s, visit: https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-widower
To check your application status, use the USCIS case status tracker: https://egov.uscis.gov/casestatus/landing.do
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified immigration attorney for advice specific to your situation.