If your U.S. citizen spouse passes away, you may still be able to apply for immigration benefits using Form I-360. This comprehensive guide will walk you through everything you need to know about the process, eligibility requirements, costs, and more.
What is Form I-360 for Widow(er)s?
Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is designed for widows and widowers of U.S. citizens seeking immigration benefits. If your spouse dies before filing Form I-130 (Petition for Alien Relative) on your behalf, you can self-petition for a green card by filing Form I-360.
Eligibility Requirements
To qualify for immigration benefits under the widow(er) category, you must meet the following criteria:
- Marriage: You must have been legally married to the U.S. citizen at the time of their death. The marriage must be bona fide, meaning it was entered into in good faith and not solely for immigration purposes. Divorced or legally separated individuals at the time of the spouse’s death are not eligible.
- Good Moral Character: You must demonstrate good moral character, indicating no criminal history or previous immigration violations.
- Intent to Marry: You must not have remarried, except if remarried after age 60 or after age 50 if disabled.
- Filing Deadline: You must file Form I-360 within two years of your spouse’s death, although USCIS may excuse late filings under certain circumstances.
Supporting Documentation
To establish eligibility, provide supporting documents such as:
- Proof of marriage
- Evidence of the U.S. citizen spouse’s death
- Other relevant documents demonstrating the bona fides of your marriage and your good moral character.
Cost of Form I-360
The filing fee for Form I-360 is $515. This fee can be paid via money order, personal check, cashier’s check, or credit card using Form G-1450, Authorization for Credit Card Transactions.
Processing Time
The processing time for Form I-360 averages 15 to 17.5 months, depending on the USCIS service center handling your application. Processing times may vary, so check the USCIS website for the most current estimates.
Steps to File Form I-360
- Prepare Your Application
- Gather all required documents, including proof of your marriage, evidence of your spouse’s death, and any other necessary paperwork.
- Complete the Form
- Accurately fill out Form I-360, providing all requested information and ensuring all sections are completed.
- Submit Your Application
- Mail your completed form and supporting documents to the appropriate USCIS address listed in the form instructions.
- Receive Confirmation
- You will receive a notice of receipt from USCIS confirming they have received your petition.
- Wait for Processing
- Monitor the status of your petition through the USCIS Case Status Checker online.
What Happens After Approval?
Once your Form I-360 is approved:
- If you are in the U.S., you may file Form I-485 (Application to Register Permanent Residence or Adjust Status) to adjust your status to lawful permanent resident.
- If you are outside the U.S., you will need to go through consular processing to obtain your immigrant visa.
Filing Tips
- Ensure all information is accurate and complete.
- Include all required supporting documentation.
- Stay informed of any changes to USCIS policies or fees.
Navigating the Form I-360 process can be complex, but understanding the requirements and steps involved will help you apply successfully. For personalized assistance and legal advice, consider consulting with an immigration attorney or a reputable immigration service provider.
FAQs: Form I-360 for Widow(er)s: Application Guide
Have more questions about Form I-360 for Widow(er)s? Read answers to common questions below.
Do I need to file Form I-360 if my deceased spouse filed Form I-130 for me?
No, if your spouse filed Form I-130 before their death, USCIS will automatically convert it to Form I-360 and continue processing your application.
Can I include my children on my Form I-360?
Yes, you can include your children as derivatives on your Form I-360.
What should I do if my Form I-360 is denied?
If your Form I-360 is denied, you may appeal the decision or file a motion to reopen or reconsider the case. It is advisable to seek assistance from an immigration attorney to understand the reasons for the denial and to explore your options.
Can I stay in the U.S. while my Form I-360 is pending?
Yes, if you were in the U.S. at the time of your spouse’s death and filed Form I-360 within the required time frame, you can stay in the U.S. while your petition is pending.
Can I withdraw my Form I-360 petition?
Yes, you can withdraw your Form I-360 petition at any time before a decision is made. To do so, you must send a written request to the USCIS office where you filed your petition, including your name, receipt number, and a statement indicating your desire to withdraw the petition.
How do I check the status of my Form I-360?
You can check the status of your Form I-360 by visiting the USCIS Case Status Online page and entering your receipt number. You can also contact the USCIS National Customer Service Center at +1-800-375-5283 for updates.
Related Resources
- USCIS Forms and Fees: Complete Breakdown
- How to Check USCIS Case Status Online
- Green Card Overview: Timeline, Costs, and Types
- How to Get a Marriage Green Card in US
