Widow/Widower of a U.S. Citizen (IW)
Home / Widow/Widower of a U.S. Citizen (IW)
Key Forms & Process
The process begins by filing Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) – not the standard I-130. Along with this form, you must submit your marriage certificate, your late spouse’s death certificate, proof of their U.S. citizenship (birth certificate, passport, or naturalization certificate), and evidence of a bona fide marriage (photos, joint leases, affidavits from family). After USCIS approval, you move to the final stage: filing Form I-485 (Adjustment of Status) if you are in the U.S., or Form DS-260 (Immigrant Visa Application) through a U.S. embassy abroad.
What We Handle at ZubaidaLaw
Our legal advocates manage every sensitive detail: gathering widow/widower evidence, document notarization (death certificates, marriage records, affidavits), and proving the marriage was legitimate (not entered into solely for immigration benefits). We also handle cases where your spouse died after filing Form I-130 but before approval – we convert the case to I-360. If you have children under 21, they may qualify as derivatives. We provide compassionate, experienced representation during this difficult time.
Call us at 865-382-2900 to determine your IW eligibility and meet the strict 2-year filing deadline.
It's a special immigrant visa for the widow or widower of a U.S. citizen who died before the green card was approved. It allows you to still obtain permanent residence.
Yes. You must file Form I-360 within 2 years of your spouse's death. Missing this deadline generally bars you from this benefit unless extraordinary circumstances exist.
Yes. You cannot have remarried before filing the I-360. If you remarry after filing but before approval, your petition is automatically revoked.
You can still file Form I-360 directly. You do not need a previously approved I-130. We help you start from scratch.
We convert the pending I-130 into an I-360 petition. No need to start over. Call us to handle the transfer.
Photos together, joint bank accounts, leases or mortgages, utility bills in both names, life insurance beneficiaries, travel tickets, affidavits from friends/family, and children's birth certificates.
Yes. Your unmarried children under 21 are derivatives on your I-360 and receive the same green card benefit.
I-360 (primary petition), plus either I-485 (if you are inside the U.S.) or DS-260 (if outside the U.S.), along with I-864 (Affidavit of Support – waived if you can show 40 qualifying work quarters or use a substitute sponsor).
Normally yes, but there are exceptions. If your late spouse was already working and paying Social Security taxes, you may qualify for an exemption. We evaluate your specific situation.
Yes. We provide full notarization services for sworn affidavits from family and friends, plus certified translations of foreign death or marriage certificates.
