Until October 28, 2009, the Department of Homeland Security did not recognize the right of widows and widowers to gain immigration status if their U.S. citizen spouse died during the first two years of marriage.
However, on October 28, 2009, the Department started accepting all “self petitioning” widows and widowers who file within two years of the spouse’s death. Additionally, the Department stated that it would allow any widow or widower whose spouse died before October 28, 2009 to file within two years of the change in policy. October 28, 2011 will be two years, and is the deadline for filing if the U.S. citizen spouse died before October 28, 2009.