IW-1 Visas for Widows/Widowers

Losing a spouse is undoubtedly one of the most challenging experiences a person can go through. For those going through the grieving process, frustrations can be increased alongside plans to immigrate to the U.S.

In this blog, we’ll discuss the options available for widows and widowers seeking to begin their immigration journey after the loss of their spouse, specifically focusing on IW-1 visas.

What are IW-1 Visas?

Before exploring further the technicalities surrounding immigration for widows/widowers, let’s take a step back and review what IW-1 visas are.

The IW-1 visa allows for a widow or widower to apply for US immigration rights on their own behalf, by filing an I-360 petition. This visa type allows eligible individuals to apply for lawful permanent residence (a green card), and then further down the line, apply for U.S. citizenship.

IW-1 application

I-360 Petition

To apply for an IW-1 visa, you will be required to file an I-360 application form, to do this, you must meet the following requirements:

• Your spouse was a U.S. citizen at the time of their death
• You have not remarried
• You were not separated from your partner at the time of their death
• Your spouse died within two years of filing the I-360 petition
• You must live within the country of application, during the full application period.

For support filing your i-360, contact Blue Lake Law today – Our team has extensive US Immigration experience, and would be happy to help you secure your Visa.

Prepare Required Documentation

Similarly to other visa applications, you will need to provide some documentation within your appointment at the U.S. embassy to prove you’re within your rights of application, and eligible for the IW-1 visa.

These required documents will likely include:

• Valid Passport
• Completed I-360 form
• Proof of spouse’s U.S. citizenship
• Proof of Marriage
  • This can come in the form of a marriage certificate
  • You will be required to prove that your marriage was legitimate, through photographs, bank statements etc.
• Death certificate of your spouse
• Filing fee
  • Find the most up-to-date list of fees on the USCIS website here.

Once this has been gathered, you will be ready to submit your I-360 form.

Final decision

If accepted, you will be emailed further instructions, which will detail the steps to apply for your IW-1, or other immigrant visa. If your application was denied, get in touch with us at Blue Lake Law today – our team can evaluate your case, and decide what your best method will be for proceeding with US Immigration.

The Widow(er) Rule

The Widow(er) rule will allow the surviving spouse of a U.S. citizen to immigrate to the United States. This rule ensures that a legitimate relationship is still recognised by immigration law, even in the event of a tragic loss.

What if The I-130 Was Filed Before the Spouse’s Death?

If you or your spouse already filed an I-130 form before their death, then you don’t need to take any action, as this would’ve been turned into an I-360 automatically by USCIS. This means you’ll still be able to get your IW-1 visa with your original application. 

Be Mindful of These Key Factors…

Fairly often, we see cases get caught up on the following factors – avoid any delay in your visa application by being fully aware and prepared for all steps of the process.

Applying After Your Spouse’s Passing

To be able to apply for an IW-1 visa, you must file an I-360 within two years of your spouse’s death. Missing this deadline can result in your ineligibility for an IW-1 visa – you should act quickly to ensure all paperwork is filed on time.

Get in touch today, Blue Lake Law is here to help you secure your visa on time.

Proof of Marriage Legitimacy

As per usual application situations, you will still be required to prove the legitimacy of your marriage. This can include the marriage certificate, joint financial records, photographs, affidavits from family and friends, as well as anything else that may help you prove your marriage was genuine.

For assistance in this situation, get in touch with our team at Blue Lake Law today.