When you are the widow or widower of a U.S. citizen, after your spouse dies, you may still be able to petition for immigration benefits in the United States. For example, through filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This article will walk you through what is Form I-360, who can apply, the cost, filing, and the most commonly asked questions.
What is Form I-360 for Widow(er)s?
The Form I-360 is a US immigration form that permits some widows and widowers to obtain a green card or other immigration benefits after the death of their U.S. citizen spouse. There is a part of this form devoted to the Widow(er) of a U.S. Citizen type. If your spouse was a U.S. citizen who died before he could file Form I-130 (Petition for Alien Relative) on your behalf, then you can still “self-petition” for permanent residency by completing Form I-360.
Immigration law in the United States is tough and you need the right support along the way. Law and Visas will be there for you to help you with the petition process and do it in the right way.
Who Should Submit Form I-360?
For filing a Form I-360, there are a few important things you must have to do:
Conditions For Marriage: You were legally married to your U.S. citizen spouse when they died. It had to be an authentic marriage, entered in good faith (not for immigration). If you were divorced or legally divorced when your husband died, this petition is not for you.
Good Moral Character: You have to show good moral character. That means no criminal record or previous immigration violations.
Plan to Marry: If you have remarried after your spouse dies, you are generally not allowed to submit Form I-360. However, there are exceptions. And if you married after age 60 (or after age 50 if disabled), you might still qualify.
When You Must File Form I-360: You must submit Form I-360 within two years of your spouse’s death. On occasion, the U.S. The Citizenship and Immigration Services (USCIS) will let late filing but at their discretion.
Besides demonstrating that you have these documents, you will also have to show proof of marriage and your spouse’s death for you to receive immigration status.
How Much Does It Cost To Submit Form I-360?
Form I-360 filing fee is $515. Pay this fee at the time you submit your form, by money order, cashier’s check, personal check, or credit card on Form G-1450, Authorization for Credit Card Transactions.
Form I-360 – How Long Does It Take To Get Filled?
Depending on which USCIS service center your application is processed through, Form I-360 processing times can vary. This form takes USCIS about 15–17.5 months on average. Remember that processing times vary, so check the USCIS website regularly to be sure.
Common Questions About Form I-360
1. Should I File Form I-360 If my late spouse Already Filed Form I-130 for Me?
You don’t have to fill out a new Form I-360 if your spouse had filed Form I-130 (Petition for Alien Relative) before his death. The pending I-130 petition will automatically be processed and transformed into a Form I-360 by USCIS.
2. Can my children be added to my Form I-360?
Your unmarried children under 21 can indeed appear on your Form I-360, even if your late spouse never petitioned for them before.
3. Can I stay in the U.S. with my Form I-360 pending?
And yes, you can usually stay in the United States while your Form I-360 is being processed. But if your status on immigration expires before your petition or green card application gets approved, you may have problems with working and traveling. — If so, you’ll want to get in touch with an immigration lawyer to find out.
The Law and Visas Ask My Attorney program matches you with licensed immigration attorneys to get your questions answered.
Now that you know what is needed when the forms are due, and how much they cost for Form I-360, you can make the appropriate preparation to proceed with your immigration application. Make sure you get legal help to make sure you do it right if you don’t know anything about any portion of the application.
