What if my deceased U.S. citizen spouse never filed a Form I-130 on my behalf?
A. If you were legally married for less than two years to a now deceased U.S. citizen, at the time of the U.S. citizen’s death, you may submit a completed Form I-360, with the appropriate filing fee to the Vermont Service Center, if a Form I-130 was not filed on your behalf. You must check box “m. Other, explain:” in Part 2 of the petition and cite the basis for eligibility as “Deferred Action — Surviving spouse of a deceased U.S. citizen, married less than two years.” Q. What if my Form I-130 was denied due to the death of my U.S. citizen spouse? A. If you are the surviving spouse of a U.S. citizen petitioner whose petition was denied by USCIS due to the death of the U.S. citizen petitioner, and prior to the issuance of this guidance, you may submit a completed Form I-360, with the appropriate filing fee to the Vermont Service Center. The beneficiary must check box “m. Other, explain:” in Part 2 of the petition and cite the basis for eligibility as “Deferred Action — Surviving spous
Related Questions
- My spouse’s employer has filed a PERM Labor Certification on his behalf. Shall I have my employer file a PERM Labor Certification application on my behalf as well?
- Tax Relief for Innocent Spouses Question #3: My former spouse has already filed a Form 8857, Request for Innocent Spouse Relief. Can I file one, too?
- Is there an minimum age requirement as a U.S. sponsor to file an Form I-130 petition for a spouse?
