WIDOW(ER) PETITION

Losing a spouse is emotionally devastating, and for non-citizens married to U.S. citizens, it can also create serious uncertainty about immigration status. U.S. immigration law recognizes this hardship and provides a special process—known as a widow(er) petition—that allows eligible widow(er)s of U.S. citizens to continue pursuing lawful permanent residence after the death of their spouse.

At AKN Immigration, we help widow(er)s navigate the widow petition process with care, clarity, and experienced legal guidance during an already difficult time.

What Is a Widow Petition?

A widow petition is a self-petition filed by the widow or widower of a U.S. citizen using Form I-360. It allows the surviving spouse to apply for a green card independently, without requiring a living petitioner.

This protection is provided under the Immigration and Nationality Act to ensure that a person does not lose immigration eligibility solely because of the death of their U.S. citizen spouse. While it is not a shortcut, a widow petition can resolve issues that would otherwise prevent a green card application from moving forward.

Who Is Eligible to File a Widow Petition?

Eligibility for a widow petition depends on meeting specific legal requirements. In general, a widow or widower may qualify if:

• The marriage to the U.S. citizen was legally valid and entered into in good faith
• The couple was married at the time of the U.S. citizen’s death
• There was no divorce or legal separation before the spouse passed away
• The widow(er) has not remarried before obtaining permanent residence
• The applicant is otherwise admissible under U.S. immigration law
• The U.S. citizen died less than 2 years before filing

Each case is unique, and eligibility should be evaluated carefully to avoid filing errors or missed deadlines.

How the Widow(er) Petition Process Works

A widow petition is filed using Form I-360, along with supporting documentation proving the marriage, the U.S. citizenship of the deceased spouse, and the applicant’s admissibility. Depending on the applicant’s situation, the widow petition may be filed on its own or together with an application for adjustment of status.

If the U.S. citizen spouse previously filed a family-based petition, that filing may automatically convert into a widow(er) petition after properly notifying USCIS that the U.S. citizen died. If no prior petition exists, the widow(er) may file independently.

Required Documents for a Widow Petition

A successful widow petition requires thorough documentation. Commonly required evidence includes:

• A copy of the marriage certificate
• The death certificate of the U.S. citizen spouse
• Proof of the spouse’s U.S. citizenship
• Evidence showing the marriage was genuine

Missing or incomplete documentation can lead to delays or denials, making careful preparation essential.

Filing Deadlines and Important Rules

A widow petition must generally be filed within two years of the U.S. citizen spouse’s death. This deadline is strictly enforced, and late filings are typically not accepted. Remarrying before approval can also affect eligibility.

Because of these strict rules, it is important to seek legal guidance as soon as possible.

Common Challenges in Widow Petition Cases

Widow petition cases can become complicated due to missing records, prior immigration issues, or questions about the validity of the marriage. Emotional stress and timing issues can also make the process overwhelming.

AKN Immigration reviews each case carefully to identify potential challenges early and develop a strategy to address them effectively.

How AKN Immigration Can Help

At AKN Immigration, we approach widow petition cases with compassion and legal precision. We assist clients with preparing and filing Form I-360, gathering supporting evidence, communicating with USCIS, and pursuing adjustment of status or consular processing when appropriate.

Our goal is to reduce stress, avoid unnecessary delays, and protect our clients’ ability to remain in the United States lawfully.