The widow of a U.S. citizen might apply for a inexperienced card and even receive U.S. citizenship. U.S. immigration regulation accommodates conditions the place the U.S. citizen partner dies earlier than the international nationwide partner might apply for everlasting residence (inexperienced card). And after a statutory interval, everlasting residents might typically apply for citizenship.
Marriage to a U.S. citizen doesn’t robotically make a international nationwide a U.S. citizen. There’s a course of. Happily, this course of is accessible even when the U.S. citizen has handed away.
If you happen to had been married to a U.S. citizen who handed away earlier than you obtained a inexperienced card, there’s a path to residence and citizenship. Because the widow(er) of a U.S. citizen you’ll be able to apply for a inexperienced card after which develop into a U.S. citizen by means of the naturalization course of.
Making use of for a Inexperienced Card because the Widow(er) of a U.S. Citizen
There are basically two ways in which the widow of a U.S. citizen can apply for everlasting resident standing. It relies upon if that U.S. citizen partner had already filed a petition in your behalf earlier than his or her demise. There’s truly a 3rd path to acknowledge the sacrifices of widow(ers) of U.S. service members killed in fight.
Pending or Accepted Petition
If you happen to had been married to a U.S. citizen who filed Kind I-130 (Petition for Alien Relative) for you earlier than she or he died, you don’t want to file a separate petition. The Kind I-130 can be robotically transformed to a Kind I-360 (Petition for Amerasian, Widow(er), or Particular Immigrant). You probably have youngsters (single and beneath age 21), they could be included on the Kind I-360 no matter whether or not your deceased partner had filed a petition for them.
If you happen to separated out of your partner earlier than demise, you aren’t eligible. To qualify, you will need to not have been divorced or legally separated from the U.S. citizen on the time of demise. Moreover, your eligibility to immigrate as a widow(er) ends when you’ve got remarried.
No Earlier Petition
In case your U.S. citizen by no means filed Kind I-130 for you, there may be nonetheless a path to a inexperienced card. You may self-petition as an “fast relative” on Kind I-360, Petition for Amerasian, Widow(er), or Particular Immigrant.
To qualify, you will need to not have been divorced or legally separated from the U.S. citizen on the time of demise. Additionally, your eligibility to immigrate as a widow(er) ends when you’ve got remarried. You could file the I-360 petition inside two years of the citizen’s demise.
Army Widow(ers)
For surviving spouses of deceased U.S. army members who had been killed in fight, there are separate immigration advantages. Army widow(ers) who meet sure necessities might self-petition for fast relative standing on Kind I-360.
For extra data and doable assets that will help you declare these advantages, contact USCIS. They established a toll-free army assist line, 877-CIS-4MIL (877-247-4645) solely for present members of the army and their households.
Eligibility for a Widow or Widower to Get hold of a Inexperienced Card
In abstract, a widow or a widower could also be eligible to use for everlasting residence in the USA if that applicant:
- Was married to a U.S. citizen on the time that very same citizen handed away;
- Has a pending or accredited Kind I-130 or recordsdata Kind I-360 inside 2 years of the U.S. citizen partner’s demise;
- Has not remarried;
- Was not divorced or legally separated from the U.S. citizen partner on the time she or he died;
- Is ready to show that she or he was in a bona fide conjugal relationship till the time of your partner’s demise; and
- Is admissible to the USA.
Kids of the Widow(er)
Normally, the youngsters of a U.S. citizen mother or father are robotically U.S. residents. If the kid is born overseas, you’ll doubtless must contact the closest U.S. embassy to acquire documentary proof within the type of a Consular Report of Delivery Overseas.
Nevertheless, the U.S. citizen’s step youngsters can even usually qualify for everlasting resident standing. It’s vital to notice that in an effort to be a authorized step little one, the mother and father should marry earlier than the kid turns 18. Single youngsters beneath the age of 21 will qualify as “derivatives” on the mother or father’s inexperienced card petition.
As fast family, your by-product youngsters are granted advantages of the Child Status Protection Act, which “freezes” their ages as of the date of the principal’s submitting of Kind I-130 or I-360, whichever is relevant. This provision prevents them from aging-out in the event that they flip 21 previous to an approval of their inexperienced card utility. They need to, nevertheless, proceed to satisfy another extra submitting necessities.
RECOMMENDED: Getting older Out and How the Youngster Standing Safety Act Helps
Making use of for Citizenship the Widow or Widower of a U.S. Citizen
Usually, the everlasting resident partner of a U.S. citizen qualifies for U.S. citizenship after simply three years with steady residence in the USA. This provision within the regulation offers spouses of U.S. residents a quick path to naturalize as in comparison with typical candidates (who apply on the premise of 5 years steady residence).
Nevertheless, it the U.S. citizen partner dies at any level earlier than the everlasting resident naturalizes, the three-year provision not applies. Because of this, the widow or widower of a U.S. citizen might typically apply for citizenship after 5 years solely.
If you happen to’re a widow(er) of a U.S. citizen, you’ll be able to doubtless naturalize as a citizen of the USA when you fulfill all the following necessities:
- Are at the least 18 years previous
- Lived throughout the similar state for at the least 3 months earlier than submitting the applying
- Met the 5-year steady residence requirement
- Met the 30-month bodily presence requirement
- In a position to move the English check in addition to U.S. civics check
- Is an individual of fine ethical character
To use for citizenship, you’ll must file Kind N-400 (Utility for Naturalization). For a extra detailed description of those standards, see the citizenship necessities.
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