Widow of US Citizen Green Card application requirements :
- Approved I-360 petition
- Alien petitions for him/herself
- Married to deceased U.S. citizen for at least 2 years
- Petition must be filed within 2 years of U.S. citizen’s death
- Alien not legally separated from U.S. citizen at the time of death
- Alien has not remarried
- Exempt passport, requires immigrant visa
The widow’s child can also receive the immigrant visa (IW-2) if he or she meets the definition of “child” at the time of visa issuance and at the time of admission or adjustment of status. The child must be listed on an approved i-360 petition.
Q. If my US citizen spouse has passed away, and I do not have a petition pending with USCIS, how do I obtain status as a widow(er)?
A. If your U.S. citizen spouse died on or after October 28, 2009, you will have two years from the date of the citizen spouse’s death to file a Form I-360 petition. If your U.S. citizen spouse died before October 28, 2009, and you did not have a Form I-130 pending on October 28, 2009, you had until October 28, 2011, to file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant for you and your unmarried minor children.
Q. Where do I file the Form I-360?
A. Currently, USCIS requires that applicants who are submitting a Form I-360 as a widow(er) file the form with the Vermont Service Center along with the supporting evidence and fees specified in the Form I-360 instructions. The Form I-360 and filing instructions can be found at the USCIS website, under the “Forms” tab.
Q. If I have a pending I-130 and qualify as an immediate relative, how do I find out if my petition has converted to a widow(er)’s I-360?
A. Your Form I-130 will automatically convert to a widow(er)’s Form I-360. USCIS will adjudicate your converted I-360 and notify you with a decision. If your case has been the subject of litigation in any Federal court on the issue of the effect of the petitioner’s death on your Form I-130, you will receive notification from USCIS that the Form I-130 has been reopened.
IMMIGRATION SERVICES IN HIGHEST DEMAND
United States Citizens and Lawful Permanent Residents can sponsor certain family members for permanent residence in the United States. This is the most common method of obtaining one’s “green card.” An individual can apply for a...
An individual may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification through PERM and then file Form I-140...
Green cards may be available to investors and entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs. One must invest $1,000,000, or at least $500,000 in a targeted employment area in new commercial enterprise....
A U.S. citizen who intends to marry a foreign national within 90 days of his or her fiancé(e) entering the United States, and both are free to marry, can apply for K-1 fiancé visa. The law requires that the couple met each other, in person...
The H-1B visa classification permits a foreign national to work in the United States for a temporary period. US employer should offer a position of employment that is in a specialty occupation and pay prevailing wage to satisfy H-1B requirement.
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture...
The judge may cancel removal in the case of an individual who is inadmissible or deportable from the United States, if such individual (1) has been an alien lawfully admitted for permanent residence for not less than 5 years...
All grounds of inadmissibility are listed in INA §212, regardless of the fact that individual is otherwise inadmissible, he or she may be admitted into the United States temporarily by the discretion of the Attorney General.
Affidavit of Support, Form I-864, is legally required for many family-based and some employment-based immigrants to show they will have adequate means of support after immigration to the United States. Every petitioner for his or...