citizen spouse has passed away, and I do not have a petition pending with USCIS, how do I obtain status as a widow(er)?
A. If your U.S. citizen spouse died on or after October 28, 2009, you will have two years from the date of the citizen spouse’s death to file a Form I-360 petition. If your U.S. citizen spouse died before October 28, 2009, and you did not have a Form I-130 pending on October 28, 2009, you have until October 28, 2011, to file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant for you and your unmarried minor children. Q. Where do I file the Form I-360? A. Currently, USCIS requires that applicants who are submitting a Form I-360 as a widow(er) must file the form with the Vermont Service Center along with the supporting evidence and fees specified in the Form I-360 instructions. The Form I-360 and filing instructions can be found at the USCIS website, under the “Forms” tab. Q. If I have a pending I-130 and qualify as an immediate relative, how do I find out if my petition has converted to a widow(er)’s I-360? A. Your Form I-130 will automatically convert to a widow(er)’
Related Questions
- My spouse passed away and now I must file as single instead of married. Because a widow or widower still maintains the home, wouldn that be considered head of household for tax purposes?
- What status can my spouse and children obtain if I’m applying for an H-1B visa or I already have an H-1B visa, and can they work and/or study in the U.S.?
- When we filed our I-485 petition, we applied for an EAD card for my spouse who is on H-4 status. What is her status if she uses the EAD card?
