Form i-485, Application to Register Permanent Residence or Adjust Status

Widow or widower of a U.S. citizen

If you are the widow(er) of a deceased individual who was a U.S. citizen at the time of death, you may be eligible to file 

Form I-485. 

If your deceased citizen spouse did not file Form I-130 for you before dying, you may file Form I-360 as long as you file 

Form I-360 no more than two years after the date your spouse died.  You do not have to wait until Form I-360 is approved 

to file Form I-485.  You may file your Form I-485 together with your Form I-360, while your Form I-360 is pending, or 

after your Form I-360 is approved.  Widow(er)s always have a visa available once Form I-360 is approved. 

Your deceased citizen spouse may have filed Form I-130 for you before dying.  In this case, you may file Form I-485 

while Form I-130 is pending or after it is approved.  If Form I-130 is approved, it will be considered an approved Form 

I-360. 

When filing your Form I-485, you should provide a copy of the Form I-797 Approval Notice or Receipt for the Form 

I-130 filed on your behalf or the Form I-360 you filed (unless you are filing Form I-360 together with your Form I-485).  

See the