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Losing a spouse is devastating, and for immigrant widows and widowers in Santa Ana, the grief is compounded by uncertainty about immigration status. If your US citizen spouse has passed away, you have legal rights to self-petition for a green card under the Immigration and Nationality Act. SoCal Immigration Services helps Arab families in Orange County navigate this process with compassion and expertise.

Reviewed for accuracy by

Maria Santos

DOJ Accredited Representative • 15+ years experience

Understanding Widow and Widower Self-Petitions

Under INA Section 204(a)(1)(A)(ii), the surviving spouse of a US citizen can file a self-petition for immigrant classification without a sponsoring relative. This provision recognizes that widows and widowers should not lose their immigration pathway simply because their US citizen spouse passed away.

Before 2009, widows and widowers had to file within two years of the citizen spouse's death. The FY2010 Department of Homeland Security Appropriations Act removed this two-year filing deadline, meaning you can now file an I-360 widow/widower petition at any time after your spouse's death, regardless of how long ago it occurred.

This is a critical protection for Arab families in Santa Ana and throughout Orange County. Many immigrants depend on their US citizen spouse for immigration sponsorship, and this law ensures that a spouse's death does not result in deportation or loss of status.

Eligibility Requirements for Widow/Widower Self-Petition

To qualify for a widow or widower self-petition under INA 204(a)(1)(A)(ii), you must meet all of the following requirements:

•You were legally married to a US citizen at the time of their death
•Your deceased spouse was a US citizen at the time of death
•You have not remarried since your US citizen spouse's death
•You entered into the marriage in good faith, not solely for immigration benefits
•The marriage was legally valid in the jurisdiction where it took place
•You are not inadmissible under INA Section 212(a)(4) (public charge) or have obtained a waiver
•You are not inadmissible under INA Section 212(a)(6)(C) (fraud/misrepresentation) or have obtained a waiver
•You were not involved in your spouse's death

Filing Form I-360: Step-by-Step Process

The self-petition process for widows and widowers involves filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Here is the process:

1
Gather Documentation
Collect your marriage certificate, spouse's death certificate, proof of your spouse's US citizenship (naturalization certificate, US passport, or birth certificate), and evidence of bona fide marriage.
2
Complete Form I-360
Fill out Form I-360 accurately. Check the box for widow/widower classification. The filing fee is $435 as of 2026, though fee waivers are available for those who qualify based on income.
3
Compile Supporting Evidence
Prepare a comprehensive evidence package proving the bona fide nature of your marriage. Include joint financial records, photographs, affidavits from family and friends, and shared lease or mortgage documents.
4
Submit to USCIS
Mail your complete I-360 petition package to the appropriate USCIS service center. For California residents, this is typically the USCIS California Service Center in Laguna Niguel.
5
Biometrics Appointment
After USCIS receives your petition, you will be scheduled for a biometrics appointment at the nearest USCIS Application Support Center. For Santa Ana residents, this is often the Santa Ana ASC.
6
File Form I-485 (Adjustment of Status)
If you are in the United States, you can file Form I-485 concurrently with or after your I-360 is approved. The I-485 filing fee is $1,440 and includes the biometrics fee and employment authorization.

Evidence and Documentation Needed

USCIS requires thorough documentation to approve a widow/widower self-petition. The following table outlines the key evidence categories:

Document Category	Examples	Purpose
Marriage Proof	Marriage certificate, wedding photos, ceremony records	Proves legal marriage existed
Spouse's Citizenship	US passport, naturalization certificate, birth certificate, Certificate of Citizenship (N-600)	Confirms spouse was a US citizen
Death Certificate	Official death certificate from county/state vital records	Proves the citizen spouse has passed away
Bona Fide Marriage Evidence	Joint tax returns, joint bank accounts, shared lease/mortgage, insurance beneficiary designations	Shows marriage was entered in good faith
Affidavits	Sworn statements from family, friends, community members who knew the couple	Third-party verification of genuine relationship
Children's Documents	Birth certificates of children born to the marriage	Additional proof of bona fide marriage
Communication Records	Phone records, emails, letters between spouses	Demonstrates ongoing marital relationship

Common Challenges and Solutions

Widow and widower petitions can present unique challenges, especially for Arab immigrants in Santa Ana. Here are common issues and how to address them:

•Short marriage duration: If your marriage was brief before your spouse's death, USCIS may scrutinize the bona fide nature more closely. Counter this with extensive evidence of shared life, joint finances, and third-party affidavits.
•Missing documents from abroad: Many Arab immigrants have difficulty obtaining documents from their home countries. USCIS accepts secondary evidence with an explanation of why primary documents are unavailable.
•Cultural marriage ceremonies: Some couples have religious or cultural ceremonies before or instead of civil ceremonies. Ensure you have proof of a legally recognized marriage in the jurisdiction where it occurred.
•Prior immigration issues: If you had prior unlawful presence or immigration violations, these must be addressed. Waivers may be available under INA Section 212.
•Remarriage disqualification: If you remarry at any point, you lose eligibility for the widow/widower self-petition. This applies even if the subsequent marriage ends in divorce.
•Domestic violence situations: If you experienced domestic violence during the marriage, you may qualify under VAWA provisions, which provide additional protections and do not require the same bona fide marriage evidence.

How SoCal Immigration Services Helps

Our team in Santa Ana provides comprehensive support for widow and widower self-petitions:

•Free initial consultation to evaluate your eligibility and discuss your specific situation
•Arabic and English-speaking staff who understand the cultural sensitivities of bereavement in Arab families
•Complete preparation of Form I-360 and all supporting documentation
•Help obtaining translations of foreign documents including marriage certificates and death certificates
•Assistance with concurrent I-485 adjustment of status filing
•Employment authorization (EAD) and advance parole applications while your case is pending
•Guidance on public benefits eligibility during the petition process
•Ongoing case monitoring and USCIS correspondence management

FAQFrequently Asked Questions

Q:Is there a deadline to file a widow/widower self-petition?

A: No. Since the FY2010 DHS Appropriations Act, there is no longer a deadline to file a widow/widower I-360 petition. You can file at any time after your US citizen spouse's death, whether it occurred one month ago or twenty years ago.

Q:Can I work while my widow/widower petition is pending?

A: If you file Form I-485 (adjustment of status) concurrently with your I-360, you can apply for an Employment Authorization Document (EAD) using Form I-765. Processing typically takes 3-5 months. You cannot work until you receive the EAD.

Q:What happens if my US citizen spouse filed an I-130 for me before they died?

A: If your spouse already filed an I-130 petition that was pending or approved at the time of death, that petition can be converted or you can file a separate I-360 widow/widower petition. The I-360 is often more straightforward and does not require a substitute sponsor.

Q:Do my children qualify under my widow/widower petition?

A: Yes. Your unmarried children under 21 can be included as derivative beneficiaries on your I-360 petition. They can adjust status along with you without filing separate petitions.

Q:What if I cannot prove my spouse was a US citizen?

A: You must provide evidence of your spouse's US citizenship. If you cannot locate their naturalization certificate or passport, you can request records from USCIS using Form G-1041 or obtain a birth certificate from the state of birth. Our office assists with these document requests.

Disclaimer: This article provides general information about immigration services in Santa Ana and does not constitute legal advice. SoCal Immigration Services is a document preparation company, not a law firm. For legal advice specific to your situation, please consult with a licensed immigration attorney.

Published: February 13, 2026Last Updated: February 13, 2026

Lost Your US Citizen Spouse? We Can Help.

Our compassionate team at SoCal Immigration Services understands the grief and uncertainty you are facing. We help widows and widowers in Santa Ana and Orange County file self-petitions to secure their immigration status. Call us for a confidential consultation at (714) 421-8872.

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Widow & Widower Self-Petition in Santa Ana: Immigration Options After Losing Your US Citizen Spouse