For surviving spouses of deceased U.S. military members who were killed in combat, there are separate immigration benefits under section 1703 of Public Law 108-136. Individuals in these categories may self-petition for “immediate relative” status on Form I-360.

Eligibility Criteria

You may be eligible to receive a green card through widow/widower status if you:

• Were married to a U.S. citizen at the time he or she passed away
• Either have a pending or approved Form I-130 or you have filed a Form
• I-360 within 2 years of your spouse’s death (or no later than October 28, 2011, if your citizen spouse died before October 28, 2009, and you were married less than 2 years).
• Are not remarried
• Were not divorced or legally separated from your spouse at the time he or she died
• Are able to prove that you were in a bona fide marital relationship until the time of your spouse’s death
• Are admissible to the United States

Application Process

To obtain a green card, you need to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with all required documents as listed in the form instructions. If your spouse filed Form I-130, Petition for Alien Relative, before his or her death, we will consider the petition as if you had filed an I-360.