When A U.S. Citizen Spouse Dies, What Happens To the Immigrant Spouse?

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 …

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Deadline For Widow(er)s of U.S. Citizens Approaching

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 …

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