If you have a green card and your spouse dies, you keep your lawful permanent resident status, but what you need to do next depends on which card you hold. A 10-year permanent resident card is unaffected. A 2-year conditional card requires you to file on your own to make residency permanent. And if your spouse died before you were issued a green card, a separate self-petition or a federal survivor provision may still get you there.<\/p>\n
Your spouse’s death has no effect on your status. The 10-year Permanent Resident Card is yours independently. You can keep living and working in the United States, and when it expires you renew it the same way you otherwise would. No new petition, no special filing, no waiver.<\/p>\n
A conditional card is issued when the marriage was less than two years old on the date your green card was approved.1<\/a><\/sup>Office of the Law Revision Counsel. 8 USC 1186a – Conditional Permanent Resident Status for Certain Alien Spouses and Sons and Daughters<\/a><\/span> Normally, you and your spouse would jointly file Form I-751 in the 90 days before the card expires to remove the conditions.2<\/a><\/sup>U.S. Citizenship and Immigration Services. I-751, Petition to Remove Conditions on Residence<\/a><\/span> A deceased spouse can’t co-sign, but you aren’t stuck.<\/p>\n You can file Form I-751 alone by requesting a waiver of the joint filing requirement based on your spouse’s death. This waiver can be filed at any time after you received your conditional card and before you are removed from the country. You do not have to wait for the 90-day window before expiration.3<\/a><\/sup>U.S. Citizenship and Immigration Services. Form I-751, Instructions for Petition to Remove Conditions on Residence<\/a><\/span> Filing early is generally a good idea.<\/p>\n Include a copy of your spouse’s death certificate and enough documentation to show that the marriage was genuine. USCIS is looking for real, overlapping lives, not paperwork assembled the month before filing. Useful evidence includes joint bank statements, joint tax returns, or shared credit accounts; a lease or mortgage in both names and utility bills at a shared address; birth certificates of children born during the marriage; and photographs, correspondence, and records of shared travel. Years of intertwined finances read very differently to an adjudicator than a single joint account opened just before the petition.<\/p>\n The I-751 filing fee is $750 on paper or $700 online.4<\/a><\/sup>U.S. Citizenship and Immigration Services. G-1055, Fee Schedule<\/a><\/span> A fee waiver is available if you can show inability to pay, generally through household income at or below 150 percent of the Federal Poverty Guidelines, receipt of a means-tested benefit, or extreme financial hardship.5<\/a><\/sup>USCIS. USCIS Policy Manual Volume 1, Part B, Chapter 4 – Fee Waivers and Fee Exemptions<\/a><\/span><\/p>\n Here the rules split sharply depending on whether your spouse was a U.S. citizen or a lawful permanent resident.<\/p>\n If your deceased spouse was a U.S. citizen, you can self-petition for a green card by filing Form I-360. You must have been legally married at the time of death, and you must not have remarried.6<\/a><\/sup>U.S. Citizenship and Immigration Services. Green Card for Widow(er) of a U.S. Citizen<\/a><\/span> You’ll need proof of your spouse’s citizenship, the death certificate, your marriage certificate, and evidence of a bona fide marriage.<\/p>\n The deadline is hard: Form I-360 must be filed within two years of your spouse’s death.7<\/a><\/sup>U.S. Citizenship and Immigration Services. I-360, Petition for Amerasian, Widow(er), or Special Immigrant<\/a><\/span> The instructions describe no exception, so treat it as absolute. The fee is $515.4<\/a><\/sup>U.S. Citizenship and Immigration Services. G-1055, Fee Schedule<\/a><\/span><\/p>\n If your citizen spouse had already filed Form I-130 for you before dying, USCIS automatically converts that pending petition into an I-360. You don’t have to file anything new, and if you had already submitted a green card application based on the I-130, USCIS keeps processing it.6<\/a><\/sup>U.S. Citizenship and Immigration Services. Green Card for Widow(er) of a U.S. Citizen<\/a><\/span><\/p>\n The widow or widower self-petition is only available to surviving spouses of U.S. citizens. If your deceased spouse was a green card holder rather than a citizen, that pathway is not open to you.<\/p>\n There is a narrower option. If your spouse had already filed an I-130 for you and you were living in the United States when they died, INA Section 204(l) may allow USCIS to keep processing the petition and your green card application, provided you continue to reside here.8<\/a><\/sup>USCIS. USCIS Policy Manual Volume 7, Part A, Chapter 9 – Death of Petitioner or Principal Beneficiary<\/a><\/span> If no petition had been filed before your spouse’s death, you likely have no direct pathway based on the marriage, and you should talk to an immigration attorney quickly.<\/p>\n If you are removing conditions on a 2-year card with a death waiver, remarriage is not a bar. The I-751 asks USCIS to evaluate whether the original marriage was entered in good faith, and a new marriage doesn’t speak to that.<\/p>\n Widow and widower petitions are stricter. Remarrying before your green card is approved ends your eligibility under the I-360 classification.7<\/a><\/sup>U.S. Citizenship and Immigration Services. I-360, Petition for Amerasian, Widow(er), or Special Immigrant<\/a><\/span> One narrow exception: if your citizen spouse had already filed an I-130 that was automatically converted to an I-360, Section 204(l) may still allow USCIS to approve the petition as an I-130 even after you remarry. That is fact-specific territory where legal advice pays for itself.<\/p>\n Unmarried children under 21 can be included as derivative beneficiaries on a widow or widower’s I-360. Their ages are frozen under the Child Status Protection Act as of the date the I-360 is filed or automatically converted, whichever applies.6<\/a><\/sup>U.S. Citizenship and Immigration Services. Green Card for Widow(er) of a U.S. Citizen<\/a><\/span> That freeze matters because a child who turned 21 during months or years of processing would otherwise age out.<\/p>\n Children who already hold conditional green cards need their conditions removed too. A child whose conditional status began within 90 days of yours can be included on your I-751. Otherwise, they must file their own.<\/p>\n Properly filing Form I-751 currently extends your green card’s validity for 48 months beyond the printed expiration date.9<\/a><\/sup>USCIS. Form I-751 and I-829 48 Month Extension<\/a><\/span> The I-797 receipt notice you’ll receive, combined with your expired card, works as proof of continued lawful status for employment verification and other purposes.<\/p>\n If you filed an I-360 widow petition and submitted Form I-485 at the same time or while the I-360 is pending, you can apply for work authorization and advance parole to travel abroad and return.6<\/a><\/sup>U.S. Citizenship and Immigration Services. Green Card for Widow(er) of a U.S. Citizen<\/a><\/span><\/p>\n Watch your mail. If USCIS sends a Request for Evidence, you have a maximum of 84 days to respond and no extensions are available.10<\/a><\/sup>USCIS. USCIS Policy Manual Volume 1, Part E, Chapter 6 – Evidence<\/a><\/span> Missing that deadline typically means denial.<\/p>\n Once you hold a full (non-conditional) green card, you can eventually naturalize. The general rule is five years of continuous residence as a permanent resident.11<\/a><\/sup>Office of the Law Revision Counsel. 8 USC 1427 – Requirements of Naturalization<\/a><\/span><\/p>\n The three-year track for spouses of U.S. citizens requires you to be “living in marital union” with your citizen spouse for the full three years.12<\/a><\/sup>Office of the Law Revision Counsel. 8 USC 1430 – Married Persons and Employees of Certain Nonprofit Organizations<\/a><\/span> If your spouse died before three years had passed, that shortcut is unavailable and the standard five-year timeline applies. The only exception is for surviving spouses of U.S. citizens who died during active military service, who face no minimum residency requirement.<\/p>\n When you’re ready, you’ll file Form N-400. The fee is $760 on paper or $710 online, with a reduced $380 fee available for some applicants.13<\/a><\/sup>U.S. Citizenship and Immigration Services. N-400, Application for Naturalization<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":" Learn what happens if you have a green card and your spouse dies, from keeping your status and removing conditions to self-petitions and citizenship.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-61","post","type-post","status-publish","format-standard","hentry","category-immigration-visas-citizenship","article","has-excerpt","has-avatar","has-author","has-date","has-comment-count","has-category-meta","has-read-more","thumbnail-"],"_links":{"self":[{"href":"https:\/\/fedlaws.org\/index.php?rest_route=\/wp\/v2\/posts\/61","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fedlaws.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fedlaws.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fedlaws.org\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fedlaws.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=61"}],"version-history":[{"count":0,"href":"https:\/\/fedlaws.org\/index.php?rest_route=\/wp\/v2\/posts\/61\/revisions"}],"wp:attachment":[{"href":"https:\/\/fedlaws.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fedlaws.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fedlaws.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Evidence to Submit<\/h3>\n
Filing Fee<\/h3>\n
If Your Spouse Died Before You Received a Green Card<\/h2>\n
Widow or Widower of a U.S. Citizen<\/h3>\n
Surviving Spouse of a Lawful Permanent Resident<\/h3>\n
How Remarriage Affects Your Case<\/h2>\n
What About Your Children<\/h2>\n
Your Status While the Petition Is Pending<\/h2>\n
Citizenship After Losing Your Spouse<\/h2>\n