Widow/Widower Green Card in Downey: Self-Petition After Spouse's Death
Continue your green card journey even after the loss of your U.S. citizen spouse
Quick Answer
Widows and widowers of U.S. citizens in Downey can self-petition for a green card using Form I-360, provided they were married at the time of the spouse's death and file within 2 years.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
Losing a spouse is devastating, and the immigration uncertainty that follows makes it even harder. For widows and widowers in Downey who were married to U.S. citizens, there is a path to continue your green card journey. SoCal Immigration Services provides compassionate assistance during this difficult time.
Widow/Widower Self-Petition Overview
Key points:
• You can petition for yourself (no sponsor needed)
• Your deceased spouse's petition can continue if already filed
• Derivative children may also be included
• The marriage must have been valid at time of death
Eligibility Requirements
- •Your deceased spouse was a U.S. citizen at the time of death
- •You were legally married at the time of your spouse's death
- •You have not remarried since your spouse's death
- •You file within 2 years of your spouse's death
- •The marriage was genuine, not for immigration purposes
- •You were not legally separated at time of death
The 2-Year Filing Deadline
1. No Prior Petition Filed:
• You must file Form I-360 within 2 years of death
• Include evidence of the bona fide marriage
• This is a strict deadline with no exceptions
2. Petition Already Pending:
• If your spouse filed I-130 before death, it can continue
• The petition converts to a widow/widower case
• Notify USCIS promptly of the death
Required Documents
- •Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
- •Death certificate of U.S. citizen spouse
- •Marriage certificate
- •Proof of spouse's U.S. citizenship (naturalization certificate, passport, birth certificate)
- •Evidence of bona fide marriage (photos, joint accounts, leases, children)
- •Your passport and identity documents
- •Two passport-style photos
- •Any prior immigration documents
Proving a Genuine Marriage
• Joint financial documents (bank accounts, tax returns, property)
• Insurance policies naming each other as beneficiaries
• Photos together over time
• Birth certificates of children together
• Joint lease or mortgage documents
• Affidavits from family and friends
• Correspondence and communication records
We help Downey families compile compelling evidence packages during this difficult time.
The Application Process
- 1Gather Documentation
Collect death certificate, marriage certificate, proof of citizenship, and evidence of bona fide marriage
- 2File Form I-360
Submit self-petition to USCIS within 2 years of spouse's death
- 3File Form I-485
If in the U.S., file for Adjustment of Status (can be concurrent)
- 4Attend Biometrics
Complete fingerprinting and photos at USCIS Application Support Center
- 5Interview
Attend interview if required (may be waived in some cases)
- 6Receive Green Card
Upon approval, receive permanent resident status
Children of Widow/Widower
• They were stepchildren of your deceased spouse at the time of death
• They are under 21 and unmarried at the time of filing
• They were residing with you at the time of your spouse's death
Children who are already U.S. citizens through their parent don't need to be included.
What If Your Spouse Filed I-130 Before Death?
• The petition is not automatically denied
• USCIS can convert it to a widow/widower case
• Notify USCIS of the death with a copy of the death certificate
• Your case can continue processing
• You may need to file additional documentation
This applies whether the I-130 was pending or already approved.
Remarriage Considerations
• You cannot have remarried at the time of filing I-360
• However, you CAN remarry AFTER filing the I-360 petition
• Remarriage after filing does NOT affect your eligibility
• This is different from other family-based immigration categories
• Children's eligibility may be affected by your remarriage
Filing Fees and Costs
| Form | Fee | Notes |
|---|---|---|
| I-360 Self-Petition | $0 | No filing fee for widow/widower |
| I-485 Adjustment | $1,225 | If filing for green card in U.S. |
| Biometrics | $85 | Fingerprinting and photos |
| Medical Exam | $200-400 | Required for I-485 |
| Document Preparation | Varies | Professional assistance |
Downey Widow/Widower Immigration Services
- •Widow/widower self-petition preparation
- •Evidence organization for bona fide marriage
- •Adjustment of status filing
- •Assistance for derivative children
- •Arabic and English speaking staff
- •Understanding of cultural sensitivities around loss
FAQFrequently Asked Questions
Q:What if my spouse died more than 2 years ago?
A: Unfortunately, the 2-year filing deadline is strict. However, if your spouse had filed an I-130 for you before death, different rules may apply. Contact us to review your specific situation.
Q:Can I work while my widow petition is pending?
A: If you file I-485 Adjustment of Status along with your I-360, you can also file for a work permit (I-765). This allows you to work while waiting for your green card.
Q:What if my spouse filed I-130 but it was denied?
A: If the I-130 was denied before your spouse's death, you may still be able to file a new I-360 widow/widower petition if you meet the requirements and are within the 2-year deadline.
Q:Do I need to prove my spouse was a U.S. citizen?
A: Yes, you must provide evidence of your spouse's citizenship such as a U.S. passport, naturalization certificate, or birth certificate. This is essential for your petition.
Q:What if we were separated but not divorced?
A: Legal separation may affect your eligibility. If you were informally separated but legally still married, you may still qualify. The key is whether you were legally married at the time of death.
Q:Can I travel while my application is pending?
A: You should apply for advance parole (I-131) before traveling. Leaving the U.S. without advance parole while your I-485 is pending may be considered abandonment of your application.
Need Widow/Widower Immigration Help in Downey?
We understand this is a difficult time. Let our compassionate team help you navigate the immigration process after your loss.
Related Articles
Family Preference Wait Times in Whittier: Understanding Visa Bulletin Priorities for Arab Families
Complete guide to family preference category wait times for Arab families in Whittier including F1-F4 categories, Visa Bulletin updates, and strategies to reduce waiting periods.
Widow and Widower Immigration Petitions in Santa Ana: Self-Petition Guide for Arab Families
Immigration options for widows and widowers of US citizens in Santa Ana. Self-petitioning under INA 204(a)(1)(A)(ii), Form I-360, and Arabic-speaking support.
Sibling Petition Wait Times in Ontario: F4 Family Preference Guide for Arab Families
Current F4 sibling petition wait times and filing guide for Arab families in Ontario. Form I-130, maintaining eligibility, CSPA age-out protection, and Arabic-speaking help.
J-1 Waiver Services in San Marcos: Two-Year Home Residency Requirement Help for Arab Professionals
Expert J-1 waiver assistance in San Marcos for Arab professionals subject to the two-year home residency requirement including all five waiver bases and application process.