Widow(er) of U.S. Citizen: I-360 Green Card (2026)

When a U.S. citizen dies, their surviving foreign spouse has a window — two years — to self-petition for a green card on Form I-360. Unlike almost every other family-based green card, the widow(er) path does not require the citizen spouse to have filed anything. The surviving spouse files the petition themselves, based on the marriage and the death.

This guide covers who qualifies, the two-year deadline, the automatic conversion rule for pending I-130s, and what USCIS looks for to confirm that the marriage was real.

Who qualifies

To self-petition as a widow(er):

1. You were legally married to a U.S. citizen at the time of their death
2. You were not divorced or legally separated from the citizen at the time of death
3. You file Form I-360 within 2 years of the citizen’s death
4. You have not remarried before the I-360 is adjudicated
5. You are admissible as an immigrant (or eligible for a waiver)

Children (unmarried under 21) of the deceased citizen can be derivative beneficiaries and adjust status alongside the widow(er).

The 2009 change: no more 2-year marriage rule

Before 2009, widow(er)s had to have been married to the citizen for at least 2 years at the time of death. That rule was removed by law in 2009. Today there is no minimum marriage length. A marriage that lasted two weeks qualifies, as long as it was bona fide.

This change matters for people whose spouses died shortly after the wedding. Many older guides and articles still reference the 2-year marriage rule — it is no longer the law.

Automatic conversion of pending I-130

If your U.S. citizen spouse had already filed Form I-130 for you before dying, you do not need to file a new I-360. USCIS automatically converts the pending or approved I-130 into a widow(er) I-360. You continue the process from where the I-130 left off.

The automatic conversion rule also applies to:

• Derivative children of the surviving spouse
• Certain other pending family petitions filed by the deceased citizen

If an I-130 was filed but not yet approved, the conversion is automatic and no action is required from you beyond notifying USCIS of the death.

The 2-year deadline

You must file Form I-360 within 2 years from the date of your spouse’s death. Missing this deadline is almost always fatal to the self-petition. USCIS does not generously extend the deadline.

For people with a pending I-130 at the time of death, the 2-year rule does not apply — the I-130 remains valid as a widow(er) petition. But if no I-130 was ever filed, the 2-year window is the only path.

Evidence for the I-360

Proof of marriage

• Official marriage certificate
• Proof that any prior marriages of either spouse were legally terminated

Proof of the spouse’s U.S. citizenship

• Birth certificate showing U.S. birth
• Certificate of naturalization
• U.S. passport
• Consular Report of Birth Abroad

Proof of the spouse’s death

• Official death certificate

Proof the marriage was bona fide

USCIS looks at the same types of evidence as a regular marriage-based green card:

• Joint bank accounts, leases, deeds, mortgages
• Joint tax returns
• Utility bills in both names
• Life insurance with the widow(er) as beneficiary
• Photos together, travel records, shared social events
• Affidavits from friends and family

For short marriages, the evidence may be thinner — USCIS understands this. The question is whether the marriage was genuine, not how much documentation exists.

The filing process

Step 1: Gather death certificate and marriage certificate

These are the foundation documents. Order certified copies from the relevant state vital records office.

Step 2: File Form I-360

Within 2 years of the death. Check the box indicating widow(er) self-petition.

Step 3: File Form I-485 concurrently (if inside the U.S.)

If you are in the U.S. in any status — or even out of status, as an immediate relative — you can file Form I-485 for adjustment of status concurrently with the I-360. Immediate relative status means no visa bulletin wait.

Step 4: Biometrics and interview

Standard USCIS biometrics and interview process.

Step 5: Approval

USCIS approves the I-360 (or converts the pending I-130) and then approves the I-485. The green card is issued with your permanent residence date set to approval.

Costs in 2026

• Form I-360: $515
• Form I-485 (concurrent filing): $1,440
• Biometrics fee: included in I-485
• Medical exam: $200–$500
• Attorney fees (typical): $2,500–$6,000

Widow(er)s may request a fee waiver (Form I-912) based on financial hardship. Waivers are commonly granted for widow(er) cases because the death of the sponsor often causes financial strain.

Consular processing for widow(er)s abroad

If you are outside the United States when your spouse dies, you can still self-petition on Form I-360 and then consular process at a U.S. embassy. The 2-year deadline still applies.

Remarriage and the self-petition

A widow(er) who remarries before the I-360 is adjudicated loses eligibility. The self-petition is denied.

Remarriage after the I-360 is approved (but before the I-485 is adjudicated) is a more complicated question. USCIS policy has historically allowed the I-485 to proceed if the I-360 was already approved, but legal advice is recommended before remarrying mid-process.

Once you have the green card, remarriage has no effect on your status.

Derivative children

Unmarried children under 21 of the deceased citizen (who are also stepchildren or biological children of the widow(er)) can be included as derivatives on the I-360. They adjust status alongside the surviving spouse.

The Child Status Protection Act (CSPA) protects children from “aging out” while the petition is pending. If your child received a conditional 2-year green card, they will later need to file Form I-751 to remove conditions just as spouse-based conditional residents do.

Timelines

• I-360 adjudication: 12–24 months
• Concurrent I-485 adjudication: parallel with the I-360
• Total to green card: 1–2 years typical

Widow(er) cases are generally adjudicated more quickly than standard family-based green card cases because there is no visa bulletin wait and no sponsor’s affidavit of support to evaluate. After 5 years as a permanent resident (3 years if you remarry a U.S. citizen), you may apply for U.S. citizenship through naturalization.

Common mistakes

• Missing the 2-year deadline. This is the most common reason widow(er) cases are lost. Mark the calendar the day of the death.
• Remarrying too soon. Even after an I-360 approval, remarriage before the green card can cause problems.
• Assuming a short marriage disqualifies. It does not. The 2009 change eliminated the minimum marriage length.
• Not knowing about automatic conversion. If your spouse had filed an I-130, you do not need to start over — contact USCIS to flag the conversion.

What to do the week your spouse dies

1. Order multiple certified death certificates (10+ copies — you will need them for banks, insurance, and USCIS)
2. Do not sign divorce or separation papers (would not apply after death, but preserves clarity)
3. Find your marriage certificate and your spouse’s citizenship documents
4. Consult an immigration attorney about the I-360 timeline
5. Do not leave the U.S. without advance parole if you are out of status

Not legal advice. Widow(er) cases sit at the intersection of immigration and estate law. The 2-year deadline is unforgiving, and the evidence needs to be assembled while you are grieving. Work with an experienced immigration attorney as soon as possible after the death.