Unfortunately, couples do not get to live together forever. Eventually, death overtakes one and leaves the remaining spouse alone. This time is certainly trying for any widow or widower, and is compounded when a foreign national spouse experiences the death of a U.S. citizen spouse. Many such widows and widowers start asking “what happens when a U.S. citizen spouse passes away while (or before) sponsoring a foreign national spouse for permanent residency in the United States?”
Luckily, the United States offers generous immigration allowances to widows and widowers of U.S. citizens – as long as the surviving spouse acts without too much delay.
If no immigration application has been filed at the time of the death, a qualifying widow or widower can still apply for permanent residency in the United States if an application is applied for within two years of the U.S. citizen spouse’s death.
If an immigration application was previously filed but had not been adjudicated at the time of the death, the widow or widower will be able to automatically transfer the application into a widow/widower visa application.
Potential complications to a widow petition may occur if a couple was separated at the time of the death, or if the widow or widower remarries prior to obtaining permanent residency. Additionally, eligibility previously depended upon how long a couple was married. However, in 2009, the U.S. government did away with the “widow penalty” and it does not matter if you were married for less than two years.
If you seek a widow visa, please contact this NY immigration law firm for help.