Immigration Law

Spouses Of Deceased U.S. Citizens

By Robert Kraft

A spouse of a deceased US citizen may file a petition on his/her behalf and qualify as an immediate relative. Certain eligibility requirements must be met before filing the petition:

The widow was married to the US citizen for at least two years;
The deceased spouse must have been a US citizen at the time of death;
The US citizen and widower were not separated at the time of the citizen's death;
The widow has not remarried at the time of filing.

The widower must self-petition on Form I-360, and submit supporting documentation establishing the deceased spouse's citizenship, and evidence illustrating the relationship between the deceased spouse and widower. This may include a marriage certificate, divorce decrees of earlier spouses, the US citizen's birth certificate or naturalization certificate and death certificate.

The widower need not be residing in the United States to file the petition. If the widower is outside the U.S., the petition will be filed at the Immigration Service's overseas offices or at the U.S. consulate with jurisdiction over the alien's place of residence.

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Full post as published by Immigration Law Answers Blog on March 12, 2008 (boomark / email).