Skip to content
WE LIVE IN USA
RaccoMy list
All guides ＋
My products
WEWELIVEINUSAVisa
Menu
中文

Explore visasI-360Overview

IW-1 / IW-2Widow or widower of a U.S. citizen

For the widow or widower of a U.S. citizen who wants a green card, and for their unmarried children under 21.

At a glance

How you apply
Form I-360, which you file yourself within 2 years of your spouse's death. If your spouse had already filed Form I-130 for you, it converts to an I-360 automatically, as long as you met the widow(er) requirements on the date of death, and you do not file anything new
Checked Oct 18, 2026[1,2]
What you get
A green card (permanent residence) as an immediate relative of a U.S. citizen. Immigrant visas for immediate relatives are unlimited, so one is always available High confidence
Checked Oct 18, 2026[1,2,3]
Can family come
Your unmarried children under 21 can be included on your I-360 and immigrate as IW2 derivatives High confidence
Checked Oct 18, 2026[1,4]
Can you work
Not automatically. While your Form I-485 green card application is pending you can generally apply for a work permit and for advance parole (permission to travel and return); the pending I-485 by itself does not let you work, so you start once the work permit is approved, unless you already hold other work authorization
Checked Oct 22, 2026[1,5]
Petition fee
$515 for Form I-360 (Form G-1055, edition 10/07/26). Form I-485 and immigrant visa fees are separate
Checked Oct 18, 2026[6,7]

Overview

High confidence If you were married to a U.S. citizen when they died, you may be able to get a green card as their widow or widower. You can be classified as an "immediate relative" of a U.S. citizen (visa symbol IW1) if your spouse filed a petition for you before they died or you file one within 2 years of the death, and you meet the other requirements listed below. Immigrant visas for immediate relatives are unlimited, so one is always available.[1,3,4]

Who qualifies

You may qualify if you:

  • High confidence Were legally married to the U.S. citizen when they died, and were not divorced or legally separated at that time. Your spouse must have been a U.S. citizen at the time of death.[1,2]
  • Entered the marriage in good faith, not only to get an immigration benefit, and can prove the marriage was real (bona fide).[1]
  • Have an approved Form I-360: either converted automatically from a Form I-130 your spouse filed for you, or filed by you within 2 years of your spouse's death.[1]
  • Have not remarried. If you filed the I-360 yourself after your spouse died, remarrying before you immigrate or adjust status ends your eligibility as a widow(er). If your spouse had filed Form I-130 for you, remarriage does not necessarily end the case: section 204(l) of the Immigration and Nationality Act (INA) allows USCIS to approve the petition as a Form I-130 even if you have remarried. An immigration attorney can tell you whether that applies to your facts.[8]
  • Are admissible to the United States. If a ground of inadmissibility applies to you, USCIS's list of evidence for Form I-485 includes Form I-601, Application for Waiver of Grounds of Inadmissibility, if applicable.[1]

Documents for Form I-360

A widow(er)'s Form I-360 must come with proof that your spouse was a U.S. citizen, plus, where available, these primary documents: your marriage certificate issued by civil authorities, proof that all prior marriages of both of you ended, and your spouse's death certificate issued by civil authorities. If a primary document is unavailable, USCIS evaluates secondary evidence for authenticity and credibility. For the marriage and the end of earlier marriages, it may include religious documents, tribal records, census records or sworn statements (affidavits); for the death, religious documents, funeral service records, obituaries or affidavits. Affidavits must come from people with personal knowledge of the event. When the State Department's Foreign Affairs Manual shows that such documents are generally available in your country, USCIS first requires a letter from the registrar saying yours is not.[2]

How the case moves

  1. Start the petition

    High confidence If your spouse filed Form I-130 for you, you do not need to file anything: the I-130 is converted to a Form I-360 automatically, whether it was pending or already approved, as long as you met the widow(er) requirements on the date of death. If there was no I-130, you file Form I-360 yourself, with the documents listed in the form instructions, within 2 years of the death.[1,2]

  2. If you are in the U.S.

    You may file Form I-485 (adjustment of status) together with the I-360, or later while the I-360 is pending or after it is approved. If you already filed an I-485 based on your spouse's I-130, USCIS keeps processing it and you do not file another.[1,10]

  3. If you live abroad

    USCIS sends the approved I-360 to the State Department, and the U.S. embassy or consulate with jurisdiction over where you live handles your immigrant visa (consular processing).[1,2]

Getting the green card inside the U.S.

High confidence Because a widow(er) is an immediate relative, several restrictions in 8 CFR 245.1(b) that keep other people from adjusting status do not apply to you: having worked in the United States without authorization, not being in lawful status on the day you file, failing to keep lawful status continuously since entry, and having entered as a Visa Waiver Program visitor. Restrictions without that exception still apply unless you qualify under INA 245(i), including for people who were not admitted or paroled after inspection by an immigration officer, who entered in transit without a visa, or who arrived serving on board a ship or aircraft or to join one as crew. An immigration attorney can apply these rules to your history.[2,11]

High confidence While your Form I-485 is pending, you can generally apply for a work permit (Form I-765) and for advance parole (Form I-131), which is advance permission to travel and be admitted again when you return. You also need an immigration medical exam by a civil surgeon (USCIS's Find a Medical Doctor page lists them), reported on Form I-693.[1,6]

Your children

High confidence Your unmarried children under 21 can be included on your I-360 as derivatives (visa symbol IW2), even if your late spouse never filed a petition for them, and they can come with you or join you later. The Child Status Protection Act (CSPA) freezes a child's age on the date the I-360 was filed or the I-130 converted: a child who was under 21 on that date does not "age out" by turning 21 before USCIS or the consulate decides the case. Children must still meet the other requirements, including staying unmarried. Derivative status does not extend to sons or daughters who do not qualify as children under these rules.[1,2,4,12]

Fees

USCIS fees from Form G-1055, edition 10/07/26, and 8 CFR 106.2; State Department fee from 22 CFR 22.1 (eCFR as of Oct. 1, 2026). Some applicants qualify for reduced fees or fee waivers; check Form G-1055.
ItemAmountNotes
Form I-360, widow(er) petition$515You do not file a new I-360 if your spouse's Form I-130 converted automatically
Form I-485, green card application in the U.S.$1,440 paper / $1,390 online$950 paper / $900 online for a child under 14 who files together with one parent's Form I-485
Form I-765, work permit$520 paper / $470 online$260 if you filed your Form I-485 with a fee on or after April 1, 2024 and it is still pending; $0 if you filed it, and paid its fee, on or after July 30, 2007 and before April 1, 2024 and it is still pending
Form I-131, advance parole (travel permission) while your I-485 is pending$630 paper / $580 online$0 if you filed your Form I-485, and paid its fee, on or after July 30, 2007 and before April 1, 2024 and it is still pending. U.S. Customs and Border Protection (CBP) charges a separate Immigration Parole Fee (Public Law 119-21) each time you are paroled at a port of entry unless it finds an exception applies; the listed exceptions include a lawful adjustment applicant returning after temporary travel abroad
Immigrant visa application abroad (State Department, per person)$325 or $20522 CFR 22.1 sets $325 for immediate relative and family preference applications and $205 for other immigrant visa applications, including I-360 self-petitioners. It does not name widow(er) cases, so pay the amount the State Department bills you
High confidenceChecked Oct 18, 2026[1,6,7,13]

Recent policy changes

Recent policy changes

Official

Updates

Ask WELIVEINUSA Visa

Ask WELIVEINUSA Visa

Answers come from our sourced database and your own timeline, sorted into fact, public data, inference and unknown. No AI model is used in this version, so questions outside what we cover get an honest "not covered".

Questions people ask

Can I file Form I-360 online as a widow or widower?

High confidence USCIS says certain Form I-360 petitions can be filed online, and its list of forms available to file online names Violence Against Women Act (VAWA) self-petitioners for Form I-360 and does not mention widow(er)s. Check that list before you file. By mail, where you send the I-360 depends on your eligibility category, where you live and whether you file Form I-485 at the same time. USCIS changed the I-360 filing locations on Oct. 7, 2026, so use its current Direct Filing Addresses for Form I-360 page.[8,14]

What happens if USCIS denies my I-360?

High confidence The denial notice gives the reasons and explains your right to appeal. Appeals of widow(er) I-360 denials go to the Board of Immigration Appeals (BIA), not to USCIS's Administrative Appeals Office (AAO), and you file them on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals. An immigration attorney can review the notice with you.[2,15,16]

My spouse was a U.S. service member killed in combat. Is there a separate path?

Yes. Surviving spouses of U.S. military members who were killed in combat have separate immigration benefits under section 1703 of Public Law 108-136, and may self-petition for immediate relative status on Form I-360. An immigration attorney can tell you which path fits your facts.[1]

Related categories

Content last reviewed: Oct 18, 2026 · General information, not legal advice.

Sources

  1. 1.Green Card for Widow(er) of a U.S. Citizen - USCISUSCIS · Agency page · Checked Oct 18, 2026
  2. 2.8 CFR 204.2eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  3. 3.Visa Availability and Priority DatesUSCIS · Agency page · Checked Sep 27, 2026
  4. 4.22 CFR 42.11eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  5. 5.8 CFR 274a.12 - Classes of aliens authorized to accept employmenteCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  6. 6.Fee Schedule (Form G-1055) - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
  7. 7.8 CFR 106.2 - USCIS feeseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  8. 8.I-360, Petition for Amerasian, Widow(er), or Special Immigrant - USCISUSCIS · Form / instructions · Checked Oct 18, 2026
  9. 9.9 FAM 502.1 IV CLASSIFICATIONS OVERVIEWU.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Oct 18, 2026
  10. 10.Concurrent Filing of Form I-485USCIS · Agency page · Checked Sep 27, 2026
  11. 11.8 CFR 245.1eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  12. 12.Child Status Protection Act (CSPA)USCIS · Agency page · Checked Sep 27, 2026
  13. 13.22 CFR 22.1 - Schedule of fees for consular services (Department of State)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  14. 14.Forms Available to File Online - USCISUSCIS · Agency page · Checked Oct 12, 2026
  15. 15.I-290B, Notice of Appeal or Motion - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
  16. 16.The Administrative Appeals Office (AAO)USCIS · Agency page · Checked Sep 27, 2026