Visa Options for Widow(er)s of U.S. Citizens

1. What visa options are available to a widow(er) of a U.S. citizen?


A widow(er) of a U.S. citizen may be eligible for an Immigrant Visa as the Immediate Relative of a U.S. Citizen, also known as IR-1 Visa. This visa is available to individuals who have been legally married to a U.S. citizen for at least two years at the time of filing the petition. The individual must demonstrate that the marriage was entered into in good faith and not solely for immigration purposes. The widow(er) must also meet all other eligibility requirements, including passing a medical exam, providing documents showing good moral character, and being admissible to the United States.

2. How long does it take to process a visa for a widow(er) of a U.S. citizen?


The processing time for a spousal visa for a widow(er) of a U.S. citizen typically takes between 4-6 months. However, it could take longer depending on the circumstances of the case and how quickly all the necessary documents and information are submitted.

3. What documents are required to apply for a visa for a widow(er) of a U.S. citizen?


In order to apply for a visa for a widow(er) of a U.S. citizen, the individual must provide a valid passport, two 2×2 passport-style photographs, a completed and signed Form DS-160 (Online Nonimmigrant Visa Application), proof of the U.S. citizen’s death (such as a death certificate or obituary), proof of the applicant’s relationship to the deceased U.S. citizen (such as a marriage certificate or divorce decree), evidence of the applicant’s financial ability to support themselves during their stay in the U.S., and any other documents requested by the consular office.

4. Are there any special requirements for applying for a visa for a widow(er) of a U.S. citizen?


Yes, a widow(er) of a U.S. citizen can apply for a visa under the Widow(er)s Immigration Law. This law allows a widow(er) to obtain permanent resident status if they were married to the deceased U.S. citizen for at least two years. In order to apply, they must provide proof of the marriage and the death of their spouse. They must also provide evidence of their good moral character and pass a medical examination. It is important to note that this law is limited to widow(er)s who were married prior to the death of their spouse.

5. Does the widow(er) of the U.S. citizen need to be present in the U.S. to apply for a visa?


No, the widow(er) of the U.S. citizen does not need to be present in the U.S. to apply for a visa. The application and other required documents can be submitted to the United States Citizenship and Immigration Services (USCIS) office that serves the area where the widow(er) lives.

6. Are there any fees associated with obtaining a visa for a widow(er) of a U.S. citizen?


Yes, there are fees associated with obtaining a visa for a widow(er) of a U.S. citizen. The fees vary depending on the visa type and can range from $205 to $545.

7. Are there any restrictions on what type of work the widow(er) of a U.S. citizen can do while on the visa?


Yes, there are restrictions on what type of work the widow(er) of a U.S. citizen can do while on the visa. Specifically, the widow(er) may not engage in any unauthorized employment, which would include self-employment or employment with an employer. The widow(er) may not work in a specialty occupation unless they have the appropriate qualifications to do so. Additionally, the widow(er) must remain in valid immigration status throughout their stay in the United States.

8. Is there an age limit for obtaining a visa for a widow(er) of a U.S. citizen?


Yes, the age limit for obtaining a visa for a widow(er) of a U.S. citizen is 55 years old or younger.

9. What is the difference between an immigrant and non-immigrant visa for a widow(er) of a U.S. citizen?


An immigrant visa is a permanent visa that permits a widow(er) of a U.S. citizen to immigrate to the United States. A non-immigrant visa, on the other hand, is a temporary visa that allows a foreign national to stay in the United States for a limited amount of time, usually for tourism, business, or study purposes.

10. How long is an immigrant visa valid for a widow(er) of a U.S. citizen?


An immigrant visa for a widow(er) of a U.S. citizen is valid for 6 months from the date of issuance.

11. What is the application process for an immigrant visa for a widow(er) of a U.S. citizen?


The application process for an immigrant visa for a widow(er) of a U.S. citizen involves the following steps:

1. File Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with the USCIS, along with copies of the death certificate of the deceased US citizen spouse and evidence of the relationship between the widow(er) and the deceased US citizen.

2. If the Form I-360 is approved, the widow(er) must then file Form DS-260, Immigrant Visa Electronic Application, at a designated online U.S. Embassy or Consulate.

3. After submitting Form DS-260, the widow(er) must attend a visa interview and provide any additional documentation that is required by the Embassy or Consulate for visa issuance.

4. If approved, a visa will be issued to the widow(er). After arriving in the United States, the widow(er) must file an Adjustment of Status application with USCIS to obtain permanent resident status.

12. Are there any restrictions on traveling outside of the US while on an immigrant visa for a widow(er) of a U.S.?


Yes. An immigrant visa holder who is a widow or widower of a U.S. citizen can travel outside the United States but must have a valid immigrant visa to return. The visa holder also must possess valid Reentry Permits or Returning Resident Visas if they plan to be away from the United States for more than one year.

13 Can the dependents of the widow(er) of the US citizen come with them on their immigrant visa?


Yes, the dependents of the US citizen’s widow(er) may accompany the widow(er) on their immigrant visa. The dependents may be the spouse and unmarried children under 21 years old.

14 Could the widow(er) bring their family members with them when entering the US on an immigrant visa?


Yes, the widow(er) can bring their family members with them when entering the US on an immigrant visa. The immediate family members would need to have their own immigrant visa and would have to be listed on the widow(er)’s application for an immigrant visa. Each family member should bring all required documents for the visa application.

15 Does obtaining an immigrant visa for the widow(er) result in them being permanent residents of the US?


Yes, once an immigrant visa has been granted, the widow(er) will become a permanent resident of the US. Permanent residence allows the immigrant to live and work in the US indefinitely.

16 How long does it take to process an application for an immigrant visa for the widow(er)?


The processing time for an immigrant visa application for a widow or widower varies depending on the current processing times in the country where you are applying. Generally, it takes 1 to 5 months to process an immigrant visa application.

17 Are there any special requirements or restrictions that apply to the immigrant visa holder’s spouse or children?


Yes, the immigrant visa holder’s spouse or children must be included in the same visa application and must meet all the same requirements for entry as the primary visa holder. Additionally, any children who are under the age of 21 will need to be unmarried in order to qualify for derivative visas issued to the spouse or parent. Finally, if the immigrant visa holder is under 21 years old, they are not allowed to create a separate family-based immigrant petition for their spouse or children.

18 Is there any difference between an immigrant and non-immigrant visas when it comes to spouses and children accompanying the widow(er)?


Yes, there is a difference between immigrant and non-immigrant visas when it comes to spouses and children accompanying the widow(er). Non-immigrant visas typically require that the spouse and any children travel together with the widow(er). Immigrant visas, on the other hand, do not necessarily require that all members of the family travel together. In some cases, a spouse or child may be able to obtain a derivative visa to accompany the primary visa applicant.

19 How often must the widow(er) renew their immigrant visa status once they are in the US?


The widow(er) must renew their immigrant visa status every two years, or when their current visa expires.

20 Is it possible to adjust status from non-immigrant visa to immigrant status once inside the US as a widow(er) of US citizen?


Yes, it is possible to adjust status from non-immigrant to immigrant status once inside the US as a widow(er) of a US citizen. You will need to apply for an immigrant visa and provide evidence of your relationship to your US citizen spouse. In order to be eligible for an immigrant visa, you must meet certain eligibility requirements. Additionally, you must be physically present in the US and have maintained lawful non-immigrant status since your entry.