Powell Immigration Law PC | Business, Employment and Family Immigration Law | California

Green Cards for Widows/Widowers of U.S. Citizens

A basic overview of the visa is provided here. If you have further inquiries as to the application process or whether or not this is the correct route for your needs, please don't hesitate to contact us.


Widows or widowers whom were previously married to a United States citizen at the time of his or her death may still apply for a green card. To immigrate as the widow(er) of a citizen, the individual must prove that he or she was legally married to the citizen and entered the marriage in good faith (not for purposes of obtaining immigration benefits).


An individual may be eligible to receive a green card through widow/widower status if the following are demonstrated:

  • Marriage to a U.S. citizen at the time of his or her death.
  • A pending or approved Form I-130 or one has been filed.
  • I-360 within two years of the spouse’s death (or no later than October 28, 2011, if the citizen spouse died before October 28, 2009 and the marriage spanned less than 2 years).
  • The individual is not remarried.
  • The individual was not divorced/legally separated from his or her spouse at the time of death.
  • Proof that the marital relationship was legitimate until the time of the spouse’s death.
  • The applicant is admissible to the U.S.


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