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FAMILY-BASED · 12

Widows and Widowers of U.S. Citizens: I-360 Self-Petitions and Automatic Conversion of I-130 Petitions

The two-year marriage requirement was eliminated in 2009; the two-year self-petition filing deadline, prohibition on remarriage, accompanying children, and exemption from the affidavit of support requirement.

English translation of this site's original Chinese explainer · 5 official sources · read 2026-10-10 UTC · not legal advice

01

Basic Requirements

You must have been legally married to a U.S. citizen at the time of the citizen’s death, and the marriage must have been bona fide; you must not have been divorced or legally separated at the time of death; you must not have remarried; and you must be admissible. Effective October 28, 2009, Congress eliminated the requirement that the marriage have lasted at least two years.

This pathway applies only when the deceased spouse was a U.S. citizen; it does not apply when the deceased spouse was a permanent resident. Those affected may need to consider surviving-relative relief under section 204(l).

Sources for this section · 1

02

Two Routes: Automatic Conversion or Filing a Self-Petition

If the citizen spouse filed an I-130 before death, no separate petition is required: the I-130 will automatically convert to an I-360. This conversion is also provided for in 8 CFR 204.2(i). If no petition was filed before death, you must file an I-360 self-petition within two years after your spouse’s death (if the spouse died before October 28, 2009, and the marriage had lasted less than two years, the deadline at that time was October 28, 2011).

Sources for this section · 2

03

Children and Procedure

Unmarried children under age 21 may be included in the I-360, regardless of whether the deceased spouse ever filed petitions for them. Those in the United States may file I-485 concurrently with or after the I-360; if an I-485 was already filed based on the I-130, USCIS will continue adjudicating it. Applicants outside the United States proceed through consular processing.

Sources for this section · 2

04

Affidavit of Support

The USCIS Affidavit of Support page states that widows and widowers with approved I-360 self-petitions do not need an I-864.

Sources for this section · 1

05

Separate Provisions for Military Survivors

Pub. L. 108-136 §1703(a) separately preserves immediate-relative status for the surviving spouses, children, and parents of U.S. citizen service members who served honorably in active-duty status and died from injuries or illnesses incurred in or aggravated by combat (filing is required within two years after death). This is merely an additional special provision and does not limit the general pathway for widows and widowers of U.S. citizens described here; see the article “Military Survivors” for details.

Sources for this section · 2

Frequently asked questions

Can I still apply if my spouse died before we had been married for two years?

Yes. The requirement that the marriage have lasted at least two years was eliminated effective October 28, 2009.

Can I still use this pathway after remarrying?

No. Remarriage terminates eligibility.

Related category codes

Each code page shows its own review status; candidate content is not upgraded to reviewed because of this article.

Related articles

All official sources

  • USCIS · Green Card for Widow(er) of a U.S. CitizenSupports: Effective 2009-10-28, the requirement of at least 2 years of marriage was eliminated; an already-filed I-130 automatically converts to I-360; otherwise, a self-petition must be filed within 2 years after the spouse's death; the petitioner must not have remarried and must not have been divorced or legally separated at the time of death; unmarried children under 21 may be included; the page uses “killed in combat” as shorthand for the immigration benefits for surviving military spouses under Pub. L. 108-136 §1703 (the original statutory wording refers to death from an injury or disease incurred in or aggravated by combat).Official update 2025-07-08 · read 2026-10-10 UTC
  • eCFR · 8 CFR 204.2(i) – Automatic conversion of preference classificationSupports: Automatic conversion and retention of the priority date upon changes in marital status, turning 21, or the petitioner’s naturalization; after the citizen spouse’s death, I-130 is treated as I-360. (The 2026-10-07 version was retrieved through the official eCFR interface.)Official update 2026-10-07 · read 2026-10-10 UTC
  • USCIS · Child Status Protection Act (CSPA)Supports: CSPA took effect on 2002-08-06; covered populations; an immediate relative’s age is frozen on the filing date; the formula for preference categories and Final Action Dates; “sought to acquire” within 1 year; F2A converts to IR upon naturalization, and beneficiaries whose F2B classification converts to F1 may opt out of conversion.Official update 2025-11-14 · read 2026-10-10 UTC
  • USCIS · Affidavit of SupportSupports: Persons subject to I-864 and exemptions (40 quarters, children automatically acquiring citizenship under INA 320, approved widow/widower I-360 petitions, approved abused-spouse or abused-child I-360 petitions, etc.); circumstances terminating obligations; divorce does not terminate obligations; joint sponsors and substitute sponsors; 125% (100% for active-duty military personnel sponsoring spouses or children); asset calculations; beginning 2026-10-01, only the 08/24/26 edition is accepted.Official update 2026-09-04 · read 2026-10-10 UTC
  • GovInfo · Public Law 108-136, §1703（HTML）Supports: Full text of §1703(a)–(h): Where a citizen service member served honorably on active duty and died from an injury or illness incurred in or aggravated by combat, the spouse (not legally separated, within 2 years, until remarriage), children (unaffected by changes in age or marital status, within 2 years), and parents (within 2 years; the deceased need not have been 21) retain immediate-relative classification; (b) an adjustment application filed before the death is adjudicated as if the death had not occurred; (c)(d) spouses, children, and parents of persons granted posthumous citizenship under 329A; (e) 212(a)(4) does not apply; (f)(h) amend 319(d).Official update 2003-11-24 · read 2026-10-10 UTC