{"id":4316,"date":"2022-08-29T22:22:03","date_gmt":"2022-08-29T22:22:03","guid":{"rendered":"https:\/\/silverimmigration.com\/?p=4316"},"modified":"2024-11-29T10:38:29","modified_gmt":"2024-11-29T10:38:29","slug":"my-spouse-died-what-happens-to-my-green-card-process-application","status":"publish","type":"post","link":"https:\/\/silverimmigration.com\/en\/2022\/08\/29\/my-spouse-died-what-happens-to-my-green-card-process-application\/","title":{"rendered":"My Spouse Died; What Happens to My Green Card Process\/Application?"},"content":{"rendered":"

In March 2022, David J. Bier, associate director of immigration studies at the Cato Institute, wrote an article<\/a> titled, \u201c1.6 Million Family\u2010\u200bSponsored Immigrants Will Die Before They Can Immigrate.\u201d Needless to say, many families are affected.<\/p>\n

This begs the question: what happens to those left behind? More specifically, if a spouse who is already a US citizen dies while sponsoring their partner, what happens to the widow or widower\u2019s green card application<\/a>?<\/p>\n

The Widow\u2019s Penalty<\/h2>\n

The first thing that comes to mind in a situation like this might be the widow\u2019s penalty, which only permits widows and widowers to apply for a green card<\/strong> if they had been married for at least two years before their spouse\u2019s death.<\/p>\n

However, this requirement has been removed. Now, bereaved spouses can continue applying for permanent residence no matter how long they were married or if they were living in the US when their spouse passed away.<\/p>\n

While this change is helpful, it applies only to applicants whose spouses were already US citizens.<\/p>\n

Petition I-360<\/h2>\n

The I-360<\/a> Petition is for Amerasians, widow(er)s of American citizens and special immigrants. It informs the U.S. Citizenship and Immigration Services (USCIS) that a person was married to a US citizen who recently died and that they are interested in pursuing a green card<\/strong><\/a> based on that marriage. However, by necessity, it can be completed without the spouse\u2019s help.<\/p>\n

There are a few tips and rules to keep in mind while you organize your petition. They include:<\/p>\n