What Happens to My Green Card Application If My Spouse Passes Away?

Losing a spouse is an incredibly painful experience, and if you’re in the middle of the Green Card process, the uncertainty can feel overwhelming. Many people worry that their immigration journey will come to an abrupt end, but there are legal protections for widows and widowers of U.S. citizens. Here’s what you need to know if you’re in this situation.

Green Card After Spouse Passes Away: The Widow(er) Petition Option

If your spouse was a U.S. citizen and passed away while your Green Card application was pending, you may still qualify for lawful permanent residence. Instead of continuing the application through your spouse’s petition, you can file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This allows you to remain eligible for a Green Card after your spouse’s death.

Eligibility Requirements for Widow(er) Green Card

To qualify for a Green Card as a widow or widower, you must:

• Have been legally married to your U.S. citizen spouse at the time of their death.

• File Form I-360 within two years of your spouse’s passing.

• Not have remarried before obtaining permanent residency.

• Prove that your marriage was bona fide, not solely for immigration purposes.

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What If My Spouse Had Already Filed Form I-130?

If your spouse had already filed Form I-130 (Petition for Alien Relative) before passing away, USCIS may automatically convert it into an I-360 Widow(er) Petition. In many cases, you don’t need to refile, but it’s essential to check with USCIS or an immigration attorney to ensure your case proceeds smoothly. If you have unmarried children under 21, they may be included in your I-360 petition as derivative beneficiaries, allowing them to obtain Green Cards along with you.

Financial Support & Affidavit of Support

One concern widows and widowers face is the Affidavit of Support (Form I-864), typically required for family-based immigration. If your spouse has passed away, you may not need this form, but you must still show that you won’t become a public charge. This is usually done by demonstrating financial self-sufficiency or by securing a substitute sponsor.

What If My Spouse Was a Green Card Holder, Not a U.S. Citizen?

Unfortunately, if your spouse was a lawful permanent resident (not a U.S. citizen), the widow(er) petition does not apply. However, you may have other options, such as self-petitioning under humanitarian relief programs or applying through VAWA (Violence Against Women Act) if applicable.

U.S. immigration laws provide a path for widows and widowers to continue their Green Card process. If you’re in this situation, it’s crucial to seek legal guidance to ensure you take the right steps. For expert immigration assistance, contact Elizee Law Firm today—we’re here to help you navigate this difficult time with clarity and confidence.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.