Guide to Form I-360 Widow(er)

Introduction

Losing your spouse is a deeply personal and painful experience. The life you both envisioned together, the plans you made, and the journey you started now feel paused, taking an unexpected turn.

If your spouse was a US citizen, you may have been on the path to becoming a permanent resident together. But now, that path continues with a step you never anticipated.

Form I-360 allows you, as the surviving spouse of a US citizen, to petition for a green card on your own. It lets the U.S. Citizenship and Immigration Services know that your marriage was genuine and that even though your spouse is no longer here, you wish to continue the process you began together.

What is Form I-360 Widow(er)?

Form I-360, also known as Petition for Amerasian, Widow(er), or Special Immigrant, is used by different categories of immigrants to apply for special immigration benefits. Form I-360 Widow(er) is used by the surviving spouse of a U.S. citizen to apply for lawful permanent residence after their spouse’s death. 

Usually, in a marriage-based green card application, the US citizen spouse files on behalf of their foreign spouse, but the Form I-360 petition allows the widow(er) to self-petition, which means you can apply without needing a sponsor. 

What is the Cost of Form I-360 widow(er)?

The current fee for Form I-360 is $515. It can be paid in various ways at the time of filing via money order, personal check, etc

What Is the Processing Time for Form I-360?

Usually, your application is processed in 15 to 17.5 months. However, the time depends on the USCIS service center where you are applying.

What Are the Eligibility Criteria for a Widow(er) Petition?

You will qualify for the eligibility criteria or self-petitioning as a widow(er) under Form I-360; you must meet the following conditions:

1. You must have been legally married at the time your spouse died.
2. The marriage must be a bona fide marriage. It should not have been done solely for immigration purposes.
3. The applicant must have a good moral character, meaning they should not have a criminal background or immigration violation.
4. You will have to establish that you did not remarry.
5. Your US citizen spouse died less than two years before you filed the petition.
6. You have not remarried since their passing.
7. You were not legally separated from your spouse at the time of their death.

What Documents Are Required for Form I-360 Widow(er) Petition?

The following is the list of documents that will be required for processing your Form I-360 Widow(er):

1. Death certificate of your spouse.
2. A copy of your marriage certificate to a US citizen 
3. A copy of the termination of marriages that either you or your US spouse was in before your marriage.
4. Proof that the spouse who died was an American citizen, such as a birth certificate if he was born in the United States or a Naturalization Certificate or Certificate of Citizenship issued by USCIS or US passport of your spouse that was valid at the time of death or Form FS-240 which is a report of birth abroad of a US citizen.
5. Proof of bona fide marriage, such as photos, Joint Accounts, etc.
6. Proof of Good moral character, such as a Police clearance certificate if required.

How to File Form I-360 as a Widow(er)?

The following are the steps that you will have to follow to file Form I-360:

Step 1

Gather all the required documents mentioned above to prove your case.

Step 2 

Start filling out Form I-360, which contains the following parts:

1. Part 1: You will be required to mention information about the person or organization filing the Petition
2. Part 2: Classification Requested, mentioning that you are a widow(er).
3. Part 3: Information about the person for whom the petition is being filed. Here, you will have to fill in only the information for the widow.
4. Part 4: USCIS wants to know whether you will apply for a green card in the US through adjustment of status or consular processing abroad. You must also disclose any past unauthorized work and pending petitions.
5. Part 5: It requests details about the petitioner’s children.
6. Part 6: It is inapplicable to widows/widowers and is for other categories.
7. Part 7: This part asks you about the deceased spouse’s information, including marital status at the time of death.
8. Parts 8-10: You do not have to reply.
9. Part 11: Requires the petitioner’s declaration and signature.
10. Part 12 is inapplicable to a widow(er).
11. Parts 13-14: This part is for the interpreter or preparer. If you are using the help of anyone while filling out the information, then you can complete this part.
12. Part 15: Additional information you can provide that did not fit any other part.

Step 3 

Apply, along with the supporting evidence, to USCIS.

Step 4

Wait for the USCIS’s decision. They will send you a receipt notice confirming your application has been received. If your application is approved after this, you may proceed with your green card application. If denied, you will have to appeal if options are available.

How can Fileright help you?

Filing Form I-360 as a widow or widower isn’t easy. From proving your marriage was genuine to collecting the right documents, the process can be stressful and time-consuming, especially without legal guidance.

FileRight helps you complete the petition with confidence. Our platform turns complex forms into simple, guided questions that are easy to understand and answer. You’ll also receive a personalized document checklist, clear filing instructions, and a full review of your answers to help catch any errors or missing details.

If you want extra support, you can book a consultation with a licensed immigration expert, starting at just $79.