1. What are the green card options for a widow or widower of a U.S. citizen?
A widow or widower of a U.S. citizen may be eligible for a green card through the “widow or widower of a US citizen” provision. This allows the surviving spouse of a U.S. citizen to apply for permanent residence, even if the marriage occurred after the US citizen’s death. In order to apply for this green card, the widow or widower must provide evidence that they were married and that the marriage was not terminated prior to the US citizen’s death. Additionally, they must be able to demonstrate that they have not remarried since their spouse’s death and that they are otherwise admissible to the United States. Once all of these requirements are met, the widow or widower can file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with United States Citizenship and Immigration Services (USCIS).
2. Is there a time limit to file for a green card for a widow or widower of a U.S. citizen?
Yes, there is a time limit to file for a green card for a widow or widower of a U.S. citizen. The widow or widower must file within two years of the death of their spouse in order to be eligible for permanent residence status through this process.
3. Do I need to have been married to the U.S. citizen when they passed away in order to apply for a green card?
No. As long as you were married to the U.S. citizen at the time of their death, you can apply for a green card, even if the marriage ended after their death.
4. What supporting documents must I include in my green card application for a widow or widower of a U.S. citizen?
The documents that you must include in your green card application for a widow or widower of a U.S. citizen are:
– Copy of the deceased spouse’s death certificate
– Proof of marriage to the deceased spouse, such as a copy of the marriage certificate
– Evidence that the marriage was entered into in good faith, such as copies of joint tax returns, bank account statements, and other documents that demonstrate the relationship was not just for immigration purposes
– Copy of the widow/widower’s birth certificate
– Copy of the widow/widower’s passport photo page (if applicable)
– Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, signed by the applicant
– Evidence of any prior marriages, such as a copy of any divorce decrees, annulments or death certificates for any spouses
5. What form do I need to submit to apply for a green card as a widow or widower of a U.S. citizen?
You will need to submit Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. You can find this form on the U.S. Citizenship and Immigration Services (USCIS) website.
6. Is there an application fee for the green card application for widow or widower of a U.S. citizen?
No, there is no application fee for the green card application for widow or widower of a U.S. citizen.
7. Is an interview required for the green card application for widow or widower of a U.S. citizen?
Yes, an interview is required for the green card application for a widow or widower of a U.S. citizen. The purpose of the interview is to ensure that the marriage was legitimate and not entered into for immigration purposes. During the interview, the applicant may be asked to provide proof of the marriage, evidence of their widowhood status, and any other documents that prove the validity of the marriage.
8. Can I travel outside the U.S. while my green card application is being processed for widow or widower of a U.S. citizen?
Yes, you can travel outside the U.S. while your green card application is being processed, however it is important to note that if travel lasts for more than a year without obtaining re-entry permission, the application may be considered abandoned and denied.
9. Will my green card application be expedited if I am the widow or widower of a U.S. citizen?
Yes, in some cases your green card application may be expedited if you are the widow or widower of a U.S. citizen. You must provide evidence of the marriage and the death of your spouse, and you must have entered the U.S. as a lawful permanent resident or as a nonimmigrant. If you meet these requirements, you may be eligible for expedited processing of your green card application.
10. What other benefits will I receive if I am approved for a green card as the widow or widower of a U.S. citizen?
If approved, you will receive a green card and the benefits that come with it, such as the ability to live and work in the United States, the ability to travel in and out of the United States, and access to social services. You may also be eligible for other benefits such as student loans, health care, Social Security, and certain tax deductions.
11. Is there an English language requirement to qualify for the green card as the widow or widower of a U.S. citizen?
No, there is no English language requirement to qualify for the green card as the widow or widower of a U.S. citizen.
12. Can I work in the U.S while my green card application is being processed as the widow or widower of a U.S. citizen?
Yes, you may be eligible to work in the United States while your green card application is being processed as the widow or widower of a U.S. citizen. You would need to file Form I-765, Application for Employment Authorization, with your Form I-485, Application to Register Permanent Residence or Adjust Status.
13. Will I be able to sponsor others after I am approved for my green card as the widow or widower of U.S citizen?
Yes, as the widow or widower of a U.S citizen, you may be able to sponsor certain relatives for a green card after you have been approved for yours. This depends, however, on whether you meet certain requirements and whether the relative is eligible for a green card.
14. How long does it take to process my application for green card as the widow or widower of a U.S citizen?
The processing time for an application for a green card as the widow or widower of a U.S citizen varies depending on various factors such as the type of visa being applied for and the current backlog of applications. Generally, it may take up to 6 months to complete the process.
15. Are there any restrictions on my eligibility to receive a green card as the widow or widower of U.S citizen?
Yes, there are certain restrictions on your eligibility to receive a green card as the widow or widower of a U.S. citizen. Those restrictions include:
1. You must have married the U.S. citizen before their death;
2. The marriage must have been valid in the state in which it occurred;
3. You must be able to prove that the marriage was valid (this may include providing proof of cohabitation, joint bank accounts, etc.);
4. You must not have married any other person after the death of your U.S. citizen spouse; and
5. You must have entered the United States legally (or had a valid visa at the time of entry).
16. Will I be required to have medical examination when applying for my green card as the widow or widower of U.S citizen?
No, you are not required to have a medical examination when applying for a green card as the widow or widower of a U.S citizen.
17. What is the process if my application for green card as the widow or widower of a U.S citizen is denied?
If your application for a green card as the widow or widower of a US citizen is denied, you may appeal the decision or file a motion to reopen or reconsider. You may also file a new application. You should contact an attorney or the U.S. Citizenship and Immigration Services (USCIS) for more information on how to proceed.
18. Can family members come with me and be eligible for derivative permanent resident status if I am granted a green card as the widow or widower of U.S citizen?
Yes, you can bring certain family members with you when you immigrate to the United States as the widow or widower of a U.S. citizen. Generally, your unmarried children (under the age of 21 at the time of filing) can also be eligible for derivative permanent resident status.
19 .How will obtaining permanent resident status through the widow or widower of U S Citizen program affect my current immigration status in the US?
If you are currently in the United States on a valid nonimmigrant visa, you will automatically become a permanent resident upon approval of your application for permanent residence through the widow or widower of U. S. Citizen program. This will replace your current immigration status, and you will be able to remain in the United States indefinitely. You will also be permitted to work in the United States, travel abroad for up to six months, and sponsor family members for permanent residence.
20 .What happens after my permanent residence is approved as the widow or widower of US Citizen?
Once your permanent residence is approved as the widow or widower of a US citizen, you will receive a Permanent Resident Card (also known as a Green Card) in the mail. This card is proof that you are a permanent resident of the US and can be used for travel, employment verification, and any other purpose that requires proof of legal status in the US.