Form I-360: immigration for Amerasians, widows and special immigrants

Find out about Form I-360 for widows and widowers of United States citizens: eligibility, costs, processing times and immigration benefits.

A guide to Form I-360 for widows and widowers

Where a person’s United States citizen spouse has died, they may still apply for immigration benefits using Form I-360.

DownloadForm I-360.

United States Citizenship and Immigration Services’ Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) includes a specific category for widows and widowers seeking immigration benefits in the United States. This category is known as “Widow(er) of a United States citizen”.

Where a United States citizen spouse died before sponsoring the person for agreen card(by filing Form I-130 “Petition for Alien Relative” on their behalf), that person may still be eligible for a green card by “self-petitioning” and filing Form I-360.

Eligibility for Form I-360

A widow or widower of a United States citizen may be eligible for immigration benefits where certain criteria are met. The following are the main eligibility requirements for Form I-360:

1. Marriage: the widow(er) must have been lawfully married to the United States citizen at the time the citizen died. The marriage must be “bona fide”, meaning that the marriage was entered into in good faith and not merely for immigration purposes. Where the person was divorced or legally separated from their spouse at the time of their death, they will not be considered eligible to apply.
2. Good character: the widow(er) must demonstrate good moral character. This means the applicant must be able to demonstrate that they have no criminal record and no history of previous immigration violations.
3. Intention to marry: the widow(er) must establish that they have not remarried, other than widows or widowers who remarry after the age of 60 or after the age of 50 where disabled. Where the person remarries, they are generally considered ineligible to file Form I-360.
4. Filing deadline: in general, the widow(er) must file the Form I-360 petition within two years of the date the United States citizen spouse died. However,United States Citizenship and Immigration Services (USCIS)has full discretion to waive late filing in certain cases.

Note that a widow(er) may need to provide supporting documents to establish their eligibility, such as evidence of the marriage, evidence of the United States citizen spouse’s death, and other relevant documents.

Costs

The current filing fee for Form I-360 is USD 515. The fee may be paid at the time of filing by money order, personal cheque, cashier’s cheque, or credit card using Form G-1450, Authorization for Credit Card Transactions.

Processing times

Form I-360 processing times currently average from 15 to 17.5 months, depending on which USCIS service centre is handling the case.

Processing times may always change and may vary depending on the particular circumstances. For the most up-to-date processing time estimates, visit the website ofUSCIS.