Pittsburgh, PA asked in Immigration Law for Pennsylvania

Q: My U.S citizen spouse died 3 days ago can i file an i-360 petition fow widower but we never file anything in the past!

I never filed for the i-130 because i didn't married for immigration benefits !

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1 Lawyer Answer
Matthew J Hartnett
Matthew J Hartnett
  • Immigration Law Lawyer
  • Collingswood, NJ
  • Licensed in Pennsylvania

A: I'm very sorry for your loss. Yes, you can file an I-360 even if you never filed an I-130 (assuming you don't remarry and assuming you weren't legally separated at the time of your spouse's death). Please also keep in mind that you must file the I-360 petition within 2 years of your spouse's death.

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