Move to America as the Widow(er) of a U.S. Citizen
If your U.S. citizen spouse has died, you may still be able to become a permanent resident, if you apply on time and have not remarried.
Verified against official sources on 2026-10-25Last verified: 2026-10-25
Core facts, form edition dates and recent notices were checked against the official pages listed below on October 25, 2026. Sections marked 'Our guidance' are our own advice, not official text. Official pages we used for this guide may show older 'last updated' dates. We say so where it applies.
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Overview
A widow or widower of a U.S. citizen may apply for a green card by filing Form I-360 with USCIS. The key rules are about timing: you generally must file within two years of your spouse's death, and your eligibility ends if you remarry before you immigrate or adjust status. If your spouse already filed an I-130 for you before they died, you do not need a new petition. If you live in the U.S. you may also file Form I-485. If you live abroad, an approved I-360 is forwarded to the U.S. embassy or consulate for your area.
Who qualifies
You were married to a U.S. citizen at the time of the citizen's death.
You were not divorced or legally separated from your spouse when they died.
You can show the marriage was real and entered in good faith.
You have not remarried. USCIS says eligibility ends if you remarry before you immigrate or adjust status.
You file Form I-360 within two years of your spouse's death.
You are admissible to the U.S., or eligible for a waiver.
Your unmarried children under 21 may be included as derivatives. Under the Child Status Protection Act their ages are frozen as of the I-360 filing or conversion date.
1. Did your spouse file an I-130 for you before they died?
Yes: USCIS says the I-130 is automatically converted to an I-360, so you do not file a new petition. If you already filed an I-485 based on it, USCIS continues to process it.
No: File Form I-360 yourself, within two years of the death. USCIS says a surviving spouse may be eligible even if the marriage lasted less than two years.
2. Where do you live?
In the U.S.: You may file Form I-485 with your I-360, or after it is filed.
Outside the U.S.: An approved I-360 is forwarded to the U.S. embassy or consulate with jurisdiction over where you live, where you continue with immigrant visa processing.
Government fees as published by the agencies, checked on Oct 25, 2026. Fees change, so confirm on the official page before you pay. These are not Move to America's prices.
Paid to USCIS
Form
What it is for
Fee
Timing
I-360
Petition for Amerasian, Widow(er), or Special ImmigrantThe fee is $0 for some other categories on this form, such as VAWA self-petitions.
$515
Not currently verified
I-485
Adjust status (applicant 14 or older)Only if you adjust status inside the U.S.
USCIS says a request without the correct fee will be rejected, and cash can never be used for a filing or biometric fee.
Some applicants can ask USCIS for a fee waiver using Form I-912, but not for fees required under Public Law 119-21.
Medical exams, translations, passport photos and document copies cost extra.
Move to America's own charges ($2 per eligibility assessment, and optional community membership) are separate from every fee above.
Processing times
Processing times differ by case. We do not yet have verified USCIS averages for Form I-360, so we show none. Use the USCIS processing times tool for your case type.
Official notices that may affect this pathway. Checked on October 25, 2026. Rules change often, so open the source before you act.
Jan 1, 2026 · White House / State Department
Entry restrictions for nationals of listed countries
A presidential proclamation effective January 1, 2026 suspends entry and visa issuance for nationals of 19 countries in full, and limits visas for nationals of 20 more. Use the lookup in the 'Entry restrictions by nationality' box below to check your nationality. The proclamation lists a small number of exceptions, and its text does not list one for immediate-relative or adoption immigrant visas.
A DHS final rule took effect on September 18, 2026. It applies to Form I-485 applications postmarked or submitted online on or after that date. Officers weigh age, health, family status, assets and financial status, and education and skills. USCIS lists a new I-485 edition dated 09/18/26.
Immigrant visa issuance pause for 75 countries ended by court order
The State Department says that as of August 21, 2026, a court order ended its January 2026 pause on immigrant visa issuance to nationals of 75 listed countries. Applicants could still apply and attend interviews during the pause. State says it is still reviewing its screening and vetting policies, so check its page for the latest. The notice is about immigrant visas.
Immigrant visa interviews are scheduled where you live
Since November 1, 2025, the National Visa Center schedules immigrant visa applicants in their country of residence or, if requested, their country of nationality.
Check whether the January 2026 proclamation affects your nationality.
Full restriction
Afghanistan
Burma
Burkina Faso
Chad
Republic of the Congo
Equatorial Guinea
Eritrea
Haiti
Iran
Laos
Libya
Mali
Niger
Sierra Leone
Somalia
South Sudan
Sudan
Syria
Yemen
Travel documents issued or endorsed by the Palestinian Authority are also covered by the full restriction.
Partial restriction (immigrant visas, and B, F, M and J visas)
Angola
Antigua and Barbuda
Benin
Burundi
Cuba
Côte d'Ivoire
Dominica
Gabon
The Gambia
Malawi
Mauritania
Nigeria
Senegal
Tanzania
Togo
Tonga
Venezuela
Zambia
Zimbabwe
Immigrant visas only
Turkmenistan
Exceptions in the proclamation text
Lawful permanent residents of the United States.
Dual nationals travelling on a passport from a country that is not on the lists.
Holders of certain diplomatic and international organization nonimmigrant visas (A-1, A-2, C-2, C-3, G-1 to G-4, NATO-1 to NATO-6).
Certain athletes and teams, with support staff and immediate relatives, travelling for major sporting events as determined by the Secretary of State.
Special Immigrant Visas for U.S. government employees, and immigrant visas for ethnic and religious minorities facing persecution in Iran.
People who already held a valid visa on January 1, 2026. The proclamation says those visas are not revoked.
People already granted asylum in the U.S., and refugees already admitted.
Case-by-case national-interest exceptions can be granted by the Secretary of State or the Secretary of Homeland Security.
The proclamation text we read lists no exception for immediate-relative or adoption immigrant visas.
For Burundi, Cuba, Togo and Venezuela the text says entry stays limited as set out in an earlier proclamation (10949) and in this one, so check the State Department page for the exact visa categories.
We read the proclamation as published. It may have been amended since. Check the State Department page before you plan or pay for anything.
Ticking items is just a way to keep track. It does not mean your application is ready or will be approved.
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Move to America is an independent information and preparation service. We are not a government agency, not affiliated with USCIS or the U.S. government, and not a law firm. Nothing here is legal advice, and we cannot guarantee any visa or immigration outcome.