Those that obtained their temporary Green card based on marriage to a United States citizen spouse are required to petition for removal of conditions on permanent residence at least 90 days before the expiration of their temporary green card. The question is, what happens if you are unable to file a joint petition because your spouse passed away or died before the second anniversary of the issuance of your temporary green card? Assuming that you and your spouse filed a joint petition for removal of conditions but your spouse passed away before the interview. In this case, you are in the same situation as though your spouse passed away before the time for filing your joint petition for removal of conditions.
When you file your application for green card, you are required to attach enough evidence of a life together as husband and wife. These may be in the form of:
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Marriage certificate for your current marriage
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Divorce certificates for prior marriages
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Birth certificates for your and your spouse
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Birth certificates for any children born to or adopted during the marriage
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Lease for your apartment or deed for your home/apartment
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Bank statements for joint account(s)
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Tax returns for your and your spouse
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Life Insurance policy showing the beneficiaries
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Health Insurance covering both husband and wife
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Joint utility bills
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Joint installment or other loans
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Joint credit card statements.
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Joint automobile insurance policy, etc.
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Photographs showing both of your on different occasions and locations
Most people that apply for temporary residence are newly wed and as such do not have all or most of the items listed above. Consequently, the Service conducts interview to determine whether the couple are really married for good and not for immigration purpose. The immigration officer conducting the interview may be willing to give you a break.
However, by the time you petition for removal of conditions on permanent residence, you must have spent at least two years as husband and wife. Accordingly, you are expected to have accumulated significant documentary evidence of a life together. You are therefore expected to produce as much documents as possible to demonstrate a life together as husband and wife. You are expect to produce much of the evidence listed above, in addition to affidavits from friends and family members attesting to the fact of your relationship as husband and wife.
If it turns out that your US citizen spouse subsequently died before you have to petition for removal of conditions on permanent residence, you still have to show a life together as husband and wife before his/her death. In addition to the items listed above, you also need to show:
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death certificate for the deceased
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the death certificate has to list you as a surviving spouse
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any documents listing surviving relatives has to include your name
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the obituary, if any, must also include your name as a surviving spouse.
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you also need to provide affidavits from family and friends on both sides attesting to the fact that you were married, acting as husband and wife and you presented yourselves as husband and wife to the rest of the world – the affidavits have to be detailed, not generic.