Between Approval and Goodbye: A Widow Petition Success Story

The Nightmare Scenario

Maria and David were married and living in the U.S. They'd filed for her green card through marriage. After months of waiting, they attended their USCIS interview together. It went well. The officer was satisfied. Now they just had to wait for the final approval. Then David died suddenly.

Just like that, everything changed. The petition was in his name. The interview was based on their marriage. And now he was gone. Maria faced an impossible question: Does my case die with my husband?

The Answer Most People Don't Know

Here's what many immigrants—and even some attorneys—don't realize: your green card case doesn't automatically end when your U.S. citizen spouse passes away.

There's a provision in immigration law specifically for this heartbreaking situation. It's called a widow petition (officially, an I-360 self-petition for certain widow(er)s of U.S. citizens).

If your spouse dies while your marriage-based green card is pending, you can continue the process on your own. You don't need a new petitioner. You don't start over. You can complete what you already started together.

What It Takes

The widow petition has clear requirements:

• You were legally married when your spouse died

• Your spouse was a U.S. citizen

• You file within two years of their death

• Your marriage was genuine—entered for love, not just for immigration benefits

Maria had already proven her marriage was real at the interview. We helped her file the widow petition, and within weeks, the approval came.

Why This Matters

Losing a spouse is devastating. Losing them in the middle of your immigration case feels like losing your future twice over.

But the law recognizes that genuine marriages deserve protection—even after death. Congress created the widow provision because they understood: your relationship was real, your spouse's support was real, and that shouldn't vanish just because tragedy struck.

Maria's case was strong—she'd passed her interview and had solid documentation. But we've also handled widow petitions in more complicated situations:

• When the petitioner died before the interview

• When USCIS hadn't made a decision yet

• When the couple had limited documentation

Each case is different, but the core principle remains: if your marriage was genuine, there's a path forward.

The Two-Year Deadline

Here's the critical part: you must file the widow petition within two years of your spouse's death. Miss that deadline, and your options disappear.

We've seen people wait—paralyzed by grief, unsure what to do, afraid to take the wrong step. We understand. But time doesn't stop for heartbreak, and neither does USCIS.

If you're in this situation, reach out sooner rather than later. Even if you're not ready to move forward immediately, at least know your timeline and your options.

Maria Today

The grief was crushing. There were days Maria wondered if she could go on—if she even wanted to. David was supposed to be here. They were supposed to build this life together.

But when the green card approval arrived, something shifted. It wasn't just a piece of plastic. It was David's final act of love—his last gift to her. Proof that everything they'd fought for together wasn't lost. That his dream of giving her a future in America had come true, even though he couldn't be there to see it.

The green card became her foundation. A way to honor his memory. Permission to grieve, but also permission to hope again. To dream again. To build the life they'd imagined, carrying him with her every step of the way.

She still misses him every single day. But she's no longer adrift. She has a home. A future. And the knowledge that love—real love—doesn't end with death. Sometimes it just changes form.