What do you need to know about USCIS Form I-360?

Form I-360 is the petition form you use to let U.S. Citizenship and Immigration Services (USCIS) know that you were married to a U.S. citizen who recently died, and that you are interested in pursuing a green card based on that marriage but, of course, without your spouse’s help.

Do you need to file Form I-360 if your spouse died?

Your eligibility for classification as the widow (er) of a U.S. citizen on the basis of a Form I-360 that you file after your citizen spouse died ends if you remarry before you immigrate or adjust status. If your deceased citizen spouse filed a Form I-130, Petition for Alien Relative, before dying, you do not need to file a Form I-360.

What is I-360, Petition for Amerasian, Widow, or special immigrant?

I-360, Petition for Amerasian, Widow (er), or Special Immigrant Use this form to classify an alien as: An Amerasian (born after Dec. 31, 1950, and before Oct. 23, 1982); The widow (er) of a U.S. citizen;

Can a deceased citizen file a Form I-130?

If your deceased citizen spouse filed a Form I-130, Petition for Alien Relative, before they died, you do not need to file a Form I-360 because we automatically converted your spouse’s Form I-130 to a Form I-360. If your immigrant visa petition was originally filed as a Form I-130, your remarriage does not necessarily mean you cannot immigrate.

When do I need to file an I-360 form?

I-360 within 2 years of your spouse’s death (or no later than Oct. 28, 2011, if your citizen spouse died before Oct. 28, 2009, and you were married less than 2 years). To obtain a Green Card, you need to file Form I-360, Petition for Amerasian, Widow (er), or Special Immigrant, with all required documents as listed in the form instructions.