Tragedy struck, and nothing can replace your spouse, and very little can make your loss hurt less. One of many things you shared with your US citizen spouse was a love of the United States, and you still see your future here.
If your green card application – your Form I-130 – was already approved by the USCIS when your husband or wife passed away, it’s still possible to get your green card. However, even if the I-130 was still pending, there may still be options available, including converting the case to a widow or widower petition – so long as the marriage was legally valid and entered into in good faith. If you were in a relationship but not legally married, it generally will not qualify. And if there were issues with the application – such as a request for evidence or a notice of intent to deny – that can make the process more complex and may affect the outcome. Of course, on the off-chance you were in divorce proceedings or were otherwise separated, your initial green card application is very unlikely to be approved.
One challenge, of course, is that your spouse is no longer able to act as your sponsor in the marriage-based immigration process. So the basic process now is to change your petition to an I-360 petition for a widow or widower. As you would imagine, that involves meticulous paperwork, attention to detail, support during the interview, and fast and decisive action.
I’ve helped couples and surviving spouses in all kinds of situations, in the good times and the bad, to complete their journey to the US and to secure a better future here. You can contact me, Boston immigration attorney Giselle M. Rodriguez, to discuss your case.