IMMIGRANT VISAS

Spouse of a Deceased U.S. Citizen

How do I apply?

A widow or widower of a U.S. citizen may file a Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant on his or her own behalf in the family-based, immediate relative category if he or she had been married to the U.S. citizen for at least two years, was not legally separated at the time of death and has not remarried. To qualify, the petition must be filed with the United States Citizenship and Immigration Services (USCIS) within two years of the death of the U.S. citizen.

A widow or widower resident in India or Bhutan should contact USCIS at the U.S. Embassy, New Delhi for information on the steps that must be taken to file the petition, Form I-360. A widow or widower resident in the U.S. should contact their local USCIS office for further information.