You may obtain your green card as a widow or widower of a United States citizen; that is, if you are married to a United States citizen and he or she dies before you file or obtain your permanent residence status, you may still get your green card even though your US spouse is deceased.
ELIGIBILITY CRITERIA
You may be eligible to receive your permanent residence status through widow/widower category if:
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You were married to a United States citizen at the time of his or her death
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You either have a pending or approved from I-130 or you have filed a Form
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You file Form I-360 within two years of your spouse’s death
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You were not divorced or legally separated from your spouse at the time of death
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You have not remarried
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You are able to prove that you were in a bona fide marital relationship until the time of your spouse’s death
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And you are admissible to the United States
PENDING OR APPROVED IMMIGRANT PETITION
If you were married to a United States Citizen and he or she had petitioned for you prior to death, the Form I-130 will be converted to Form I-360. If you have children under 21 years of age and unmarried, they may be included on the Form I-360 even if your deceased spouse did not include them in the initial petition.
NO PENDING OR APPROVED IMMIGRANT PETITION
If you were married to a United States citizen but he or she had not file a petition for you before his/her death, you can self-petition as an “immediate relative” on Form I-360. However, you must file your Form I-360 within two years of your spouse’s death.
WIDOW(ER) OF UNITED STATES MILITARY MEMBER
For surviving spouse of United States Military member, who died in combat, you can self-petition as an “immediate relative” on Form I-360. There is also a separate immigration benefit for this class of applicants.
IF YOU LIVE IN THE UNITED STATES
If you are physically in the United States at the time of your spouse’s death, you should file both Forms I-360 and I-485 at the same time. If your spouse filed Form I-130 and you filed Form I-485 before his or her death, your spouse’s petition on Form I-130 will be converted to Form I-360. The United States Citizenship and Immigration Services will process your application without further action on your part, except that you have to notify them of your spouse’s death.
IF YOU LIVE OUTSIDE THE UNITED STATES
If you live outside the United States at the time of your spouse’s death, your application will be processed in the same manner as though your spouse was still alive; that is, through consular processing. If your spouse petitioned for you, the Form I-130 will be converted to Form I-360 and once approved, your file will be sent to the National Visa Center for further processing and ultimately to the United States Embassy in your country of residence where you will be invited for interview.