The death of a U.S. citizen spouse does not always end the immigration process. In many cases, a surviving husband or wife and children may still qualify for lawful permanent residence (“Green Card”) in the United States.
Our firm helps surviving spouses and their families determine whether they are eligible for immigration benefits and guides them through the application and visa process.
“We were married for less than two years.”
Many people believe that a surviving spouse must have been married for at least two years. In most cases, that is no longer required under current U.S. immigration law.
“My spouse died before our immigration case was finished.”
If your U.S. citizen spouse filed an immigrant petition for you before passing away, your case may still continue. Some pending or approved petitions can remain valid after the U.S. citizen spouse’s death.
“I Live Outside the United States.”
Many surviving spouses can pursue their immigration case through a U.S. Embassy or Consulate. Living outside the United States does not automatically prevent you from qualifying.
In some cases, unmarried children under age 21 may also benefit from a surviving spouse’s petition. Every family’s circumstances are different, and age-related rules can be important.
Certain surviving spouse cases must be filed within strict legal time limits. Waiting too long may affect eligibility.
If your U.S. citizen spouse has passed away, it is important to obtain legal advice as soon as possible.
We assist with:
Losing a spouse is one of life’s most difficult experiences. Understanding your immigration rights should not add unnecessary stress.
A careful review of your circumstances may reveal options that you did not know were available.
Schedule a confidential consultation to determine whether you and your family may still qualify for U.S. immigration benefits.
Every family’s circumstances are different, but the immigration process for a surviving spouse of a U.S. citizen generally follows these steps:
Step 1: Determine Eligibility
An immigration attorney reviews your circumstances to determine whether you qualify as a surviving spouse under U.S. immigration law or whether another surviving spouse-based immigration may be available.
Important factors include:
Step 2: File the Appropriate Petition with the United States Citizenship and Immigration Services (“USCIS”)
The next step depends on your circumstances:
Widow(er) Self-Petition Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant (“Form I-360”):
If no family petition was previously filed by your U.S. citizen spouse, you may be eligible to file a Form I-360, as a self-petitioning surviving spouse.
Automatic Conversion of Form I-130, Petition for Alien Relative (“Form I-130”):
If your U.S. citizen spouse filed Form I-130, before passing away, that Form I-130 may automatically convert to a Form I-360 under U.S. immigration law.
Supporting documentation generally includes:
Step 3: USCIS Review
The USCIS reviews the application and may request additional information before making a decision.
A properly prepared case can help avoid unnecessary delays.
Step 4: Immigrant Visa or Green Card Processing
After USCIS approval, the next step depends on where you are living:
If you are outside the United States:
You will generally complete immigrant visa processing through a U.S. Embassy or Consulate.
If you are in the United States and otherwise eligible:
You may be able to apply for adjustment of status to become a lawful permanent resident.
Step 5: Receive Permanent Residence
Once the process is completed, you may receive your Green Card.
In many cases, eligible unmarried children under 21 may also receive a Green Card as part of the process.
Surviving spouse cases often involve strict filing deadlines and special legal requirements. Early legal advice can help preserve available immigration options and avoid the loss of valuable rights.
The K-1 fiancé(e) visa interview is one of the final steps before a foreign fiancé(e) can travel to the United States and marry his/her U.S. citizen petitioner. If your K-1 fiancé(e) visa is refused following the interview, what should you do next? The answer depends on why the consular officer
Prospective EB-5 investors should consider filing before November 30, 2026, to avoid substantial increases in United States Citizenship and Immigration Services (“USCIS”) filing fees. The USCIS is implementing significant fee increases that will affect EB-5 investors, regional centers, and EB-5 investment projects. For EB-5 investors who are ready and eligible
When you sponsor your husband or wife for a U.S. immigrant visa, the government wants to see that there will be adequate financial support once your spouse becomes a lawful permanent resident (“Green Card Holder.”). For most marriage-based cases, this requires completing a Form I-864, Affidavit of Support (“Form I-864”)
Licensed U.S. immigration attorneys with over 35 years of combined experience. Members of the American Immigration Lawyers Association (AILA) - not visa consultants.
Direct access to licensed U.S. attorneys from our offices in Ho Chi Minh City and Manila. Every case is handled by a qualified legal professional - not outsourced to staff.
K-1 fiancé visas, CR-1/IR-1 spousal visas, EB-5 investor visas, L-1A, EB-1C, EB-3 and more.
Copyright 2018 – 2026 Enterline and Partners Consulting | All Rights Reserved
