US Publishes 6 Conditions For Foreign Widows, Widowers of American Citizens to Get Green Card
- The US government has outlined specific eligibility criteria that widows and widowers of American citizens must satisfy before qualifying for a Green Card
- Applicants must prove their marriage was genuine and not entered into solely to gain an immigration benefit, among other requirements
- Remarrying after a US citizen spouse's death could disqualify a widow or widower from obtaining permanent residency
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The United States government has laid out a clear set of conditions that surviving spouses of American citizens must meet before they can be granted lawful permanent residency, commonly known as a Green Card.
According to the US Citizenship and Immigration Services, widows and widowers who were married to American citizens at the time of their spouse's death are potentially eligible to apply.
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However, meeting a single condition is not enough. Applicants must satisfy all criteria simultaneously before their application can be approved.
Green Card: What the US government requires
The USCIS requires that an applicant was legally married to a US citizen when that citizen died, and that the marriage was entered into in good faith rather than as a means of securing immigration benefits. Couples who were divorced or legally separated before the American spouse passed away are automatically disqualified.
Remarriage is another disqualifying factor. Once a widow or widower remarries, eligibility for this particular Green Card pathway ends, unless they qualify under a specific provision of the Immigration and Nationality Act.
Beyond the marital conditions, applicants must have an approved Form I-360, the Petition for Amerasian, Widow(er), or Special Immigrant. This form must either have been automatically converted from a previously filed Form I-130, or submitted within two years of the US citizen spouse's death. A separate deadline of no later than 28 October 2011 applies in cases where the American spouse died before 28 October 2009 and the couple had been married for less than two years at the time.
Green Card: Full list of eligibility conditions
The USCIS lists six conditions that must all be met for a widow or widower to qualify:
1. The applicant was married to a US citizen at the time that citizen passed away
2. An approved Form I-360 exists, either converted from a Form I-130 or filed within the required timeframe
3. The applicant has not remarried
4. The applicant was not divorced or legally separated from their US citizen spouse at the time of death
5. The applicant can demonstrate that the marriage was genuine and conducted in good faith
6. The applicant is admissible to the United States
Admissibility is a separate legal standard under US immigration law and can be affected by a person's criminal record, health status, or previous immigration violations.
Legit.ng reported that Spain named African countries whose citizens are eligible for visa-free entry.
Japan releases countries eligible for its eVisa
Meanwhile, Legit.ng previously reported that Japan updated its eVisa eligibility list in May 2026, opening online visa applications to nationals residing in several countries across the world.
The update shared how travellers from selected countries can apply directly through the Japan eVisa website.
Nationals from some other countries face different application requirements and must apply through accredited agencies
Source: Legit.ng
