U.S. Immigrant Visa for Widow(er)s of U.S. Citizens (Form I-360)

1. What is the purpose of the I-360 form?


The I-360 form is a petition used by immigrants to apply for certain types of immigration benefits or to self-petition for permanent residency. It is used by U.S. citizens or lawful permanent residents to file on behalf of a foreign-born spouse, child, parent, or other relative. It can also be used by individuals who qualify for special immigration benefits, such as victims of abuse, trafficking, or persecution, as well as religious workers and other special groups.

2. What documents must I provide to accompany the form?


The documents you must provide to accompany the form will vary depending on the form. Generally, documents like proof of identity, official government-issued identification, and other evidence to verify your information may be requested. Additionally, you may be required to provide additional forms or documents related to the specific purpose or application for which you are submitting the form.

3. How long does it take to process the form?


It usually takes around 3-5 business days to process the form.

4. How much will it cost to file the form?


The cost to file form I-90, Application to Replace Permanent Resident Card, is $455.

5. What is the minimum age requirement for applying for a widow/widower visa?


The minimum age requirement for applying for a widow/widower visa is that the applicant must be at least 18 years old.

6. If my visa application is denied, can I appeal the decision?


Yes, it is possible to appeal a decision if your visa application is denied. The consulate or embassy from which you applied will provide more information on the appeals process.

7. Do I need to be married at the time of filing the form?


No, you do not need to be married at the time of filing the Form. However, if you have a spouse or common-law partner at the time of filing, you must include their information on the form in order to be eligible for certain immigration programs.

8. Can I include my children on my visa application?


Yes, you can include your children on your visa application. However, they must be eligible for the visa you are applying for and must meet all the requirements. In most cases, each child will need to have their own application and pay a separate fee.

9. Do I need to provide proof of income to be eligible for a widow/widower visa?


Yes, you must provide proof of income to be eligible for a widow/widower visa. This may include employment records, bank statements, and other evidence that shows your financial situation.

10. How many times can I renew my visa once it expires?


Each visa type has different rules for renewal/extension. Generally speaking, you will need to contact your local embassy or consulate and speak with a visa officer in order to find out if you are eligible to renew/extend your visa.

11. How long does it take for the Department of State to issue a visa after receiving an approved I-360 form?


The time required to issue a visa after receiving an approved I-360 form varies depending on the individual’s particular case. Generally, it may take anywhere from 6 weeks to 6 months for a visa to be issued.

12. Can I travel outside of the United States while my application is being processed?


No, you should not travel outside the United States while your application is being processed as it will disrupt the processing of your application. If you do travel, your application will be considered abandoned and will be denied.

13. Is there a minimum income requirement for a widow/widower visa applicant?


Yes, there is a minimum income requirement for a widow/widower visa applicant. The minimum income requirement is determined by the number of dependents in the household. Additionally, the applicant must demonstrate that their income is sufficient to support themselves and all their dependents.

14. What type of proof do I need to show that my deceased spouse was a US citizen at the time of death?


You will need to provide a certified copy of the death certificate that shows the place and date of birth of your deceased spouse. You may also need to provide a passport, birth certificate, or evidence of naturalization. If you are unable to provide these documents, you may need to contact the US Citizenship and Immigration Services to obtain proof of citizenship.

15. Do I have to file a separate petition for each family member?


Yes, separate petitions have to be filed for each family member.

16. Is there a limit on how long I can stay in the United States on a widow/widower visa?


Yes, you may stay in the United States for up to two years on a widow/widower visa. After two years, you must apply for an extension or leave the United States.

17. Is there any way to expedite the processing of my application?


Unfortunately, due to the high volume of applications we receive, we are unable to expedite the processing of any applications. All applications are reviewed in the order they are received.

18. Is there any way to avoid paying the filing fee for an I-360 form?


No, there is no way to avoid paying the filing fee for an I-360 form. The filing fee must be submitted with the I-360 form in order for it to be accepted by USCIS.

19. What is the timeline for adjusting status once my application is approved?


The timeline for adjusting status once an application is approved varies by case and is largely dependent on the type of visa you are applying for as well as any backlogs in the system. For most green cards, the USCIS will process the application within 8 to 12 months. However, some applications can take longer depending on the type of visa. Additionally, any delays due to backlogs can add significantly more time to the process.

20. Are there any restrictions on employment or travel while my application is pending?


Yes, most people have restrictions on employment or travel while their applications are pending. It is important to check with the immigration office or lawyer handling your case to determine what these restrictions are.