Form I-360 is the petition form you use to let U.S. Citizenship and Immigration Services (USCIS) know that you were married to a U.S. citizen who recently died, and that you are interested in pursuing a green card based on that marriage but, of course, without your spouse’s help.
If USCIS approves your I-360 petition, you may be able to get permanent resident status (a “green card”) in the United States, as described in U.S. Citizen Spouse Died: How Do I Get a Green Card on My Own?.
You want to avoid mistakes in filling out Form I-360. If USCIS returns it you or asks you for further information, this could slow down or derail the process of getting your green card. This article will help you fill out Form I-360 correctly, based on the version that USCIS issued on 04/12/2018, set to expire 4/30/2020 (but still in use months later).
If the answer to any question on the form is “none,” or if the question doesn’t apply to you, do not write or type anything in the box. USCIS understands an empty box to mean “none” or “not applicable.”
Part 1: Information About Person or Organization Filing This Petition
Part 1, Question 1 ask for your full name. Your “Family Name” is your surname or “last name.” Some people have two names as their “family name” or “last name,” maybe separated by a hyphen. If this is the case for you, put both those names in box 1.
If your name won’t fit in the box when you’re typing or writing it, you have two choices. If the information won’t fit when you’re typing, you can handwrite it in the box. This is a good solution as long as your handwriting is not too small. If the amount of information you need to put in a box is just too much, even for handwriting, you’ll need to give your answer on a continuation sheet that you attach to the end of the I-360 form. Every continuation sheet should contain your name and your alien registration number if you have one, and be signed and dated by you. Indicate what part and item number of the I-360 your answer pertains to.
Your “Given Name” is your “first name.” As for "Middle Name," not everyone has one. Some people have more than one. If you don’t have any middle name, you can leave the box asking for it empty.
Question 2 asks for your USCIS Online Account Number. You will have one only if you've filed certain types of applications with USCIS; leave it blank if you haven't.
Question 3 asks for your Social Security Number. Here again, you can leave it blank if you don't have one. Or if you have signed up for an Individual IRS Tax Number (an ITIN) instead, perhaps because you are undocumented, go ahead and enter that in Question 5.
Question 4 asks for your “A-number.” This means your alien registration number. If you don’t know what this means, don’t worry. It’s possible you don’t have one, especially if you’ve never filed any immigration petition before or never been in immigration proceedings. You probably know your A-number if you have one, but if you’re not sure, check all the documents you’ve ever received from U.S. immigration authorities—you might see your A-number there.
Only fill in the first line of Question 6 if your postal mail is sent to you “in care of” (C/O) another person. Ignore Question 7, which is meant for people applying based on domestic abuse.
Part 2: Classification Requested
This asks what category you are applying under. Check the box next to “B. Widow(er) of a U.S. citizen.” Don’t check any other boxes.
Part 3: Information About the Person for Whom This Petition Is Being Filed
You might wonder why the form is asking you to repeat your name, address, and so on. That’s just because Form I-360 is used in other situations where the person filing the form and the “person for whom this petition is being filed” can be different people. In your case, all the information in Part 3 is about you, so just fill it in again.
For Question 7, check the box for “Widowed.” Don’t check any other box.
You only have to fill out the information under Questions 8 to 15 if you’re living in the United States. However, if you’re in the U.S. for a couple days as a tourist and decide to file the I-360 before you leave, don’t fill this part out. It’s only for people who expect to be in the U.S. for a while after filing the application, perhaps because they are in the U.S. on a temporary work or student visa, for example.
Question 9 asks for your “I-94” number. The I-94 is an arrival/departure record that the U.S. government keeps so it can make sure you leave the country if and when you have to. If you entered the U.S. before 2013, you might have been given a paper I-94 More likely, however, you will need to check your I-94 online at the CBP website to get the number.
Questions 10 through 15 ask about your passport and your travel document number. If you give your passport number, a travel document number is not necessary.
For your “Current Nonimmigrant Status” in Question 14, it’s best to use the visa designation, such as “H-1B” or “J-2.” If you did not need a visa to enter the country, you can say “visa waiver” or, especially if you are Canadian, “tourist.” You might need to describe your status in other ways, such as “TPS” or “asylum.”
For Question 15, you should be able to find the date your status expires by checking your I-94. Certain people, such as F-1 students, are admitted to the U.S. with no fixed expiration date for their status. You can handwrite “D/S” (for “duration of status”) if this is the case.
Part 4: Processing Information
Some people can “adjust status”—that is, apply for a green card without ever having to leave the United States. (See Who Can Apply for a Green Card Through Adjustment of Status.) Other people have to (or want to) get their “immigrant visa” through a U.S. consulate in their home country. USCIS wants to know, in Part 4, which consulate you’d like to use to apply for your immigrant visa (assuming you can’t or don’t want to adjust status without leaving the United States). You probably want to choose the closest one to where you live. (See www.usembassy.gov for help with this.) It's sometimes possible to get your immigrant visa in a “third country” (neither the U.S. nor your home country), such as Mexico or Canada. Call the consulate or consult an immigration lawyer to see whether this is possible.
On the continuation page for Part 4, answer Questions 2A and 2B only if you’re living in the U.S. and gave a U.S. address in Part 3. If this is the case, you will probably have a foreign address that you are maintaining, and USCIS wants to know that address. If it's different from English, you need to write your name and address here using your native alphabet.
After the "gender" inquiry in Question 3, the next question (4A) asks whether you are filing any other petitions or applications along with the I-360. They mean filing with USCIS. “Other petitions or applications” are only those that you personally file (not petitions or applications filed by your relatives on or about the same day), and only those you’re filing at the same time you’re filing the I-360 or close to the same time—don’t count a petition or application you filed a year ago.
For Question 5, if you are in removal proceedings (in the immigration court or EOIR), get an attorney's help with preparing this petition and analyzing your situation.
For Question 6, if you have worked in the U.S. without permission, you should also consult an attorney, particularly if applying to adjust status.
If you’re filing your adjustment of status application “concurrently” with (at the same time as) the I-360, check the "yes" box in Question 7 and attach a separate sheet of paper that explains why you are eligible to adjust status. You may need to consult with an immigration lawyer if you’re not sure if you’re eligible to adjust, or not sure how to explain why you’re eligible.
Part 5: Information About the Spouse and Children of the Person for Whom This Petition Is Being Filed
Question 1 asks whether you have any children filing separate petitions on Form I-360. If your children are minor and unmarried, they do not need to file separate I-360s, but can be included as "derivatives" on your petition.
You don’t have to give information about your deceased spouse here. If you have a new spouse, don’t list the new spouse here—and don’t bother filing Form I-360, because you’re no longer eligible for a green card based on your marriage to the deceased spouse.
Give information about all your children who are living. Also, if your deceased spouse had children who are not yours, list those living children.
Parts 6, 8, 9, and 10 Don’t Apply to You!
Leave these empty.
Part 7: Complete Only If Filing as a Widow/Widower
This is the section specially meant for you, and asking about your deceased spouse. Most of the questions are self-explanatory.
Question 9 asks whether you've remarried. Again, if you have, you are not eligible to file this petition.
Question 10 asks whether you were legally separated at the time your spouse died. Don’t answer yes if you’re not sure, because USCIS will deny your I-360 if you were legally separated. Ask a lawyer who specializes in divorce law or family law if you don’t know what “legally separated” means.
Part 11: Petitioner's Statement, Contact Information, Declaration, and Signature
This section is designed to emphasize that you take responsibility for understanding what is in this petition, even if someone else filled it out for you. (You are the "Petitioner.")
You can ignore this, since you are filing for yourself.
Did Anyone Help You Prepare the Form?
If you fill out the Form I-360 yourself (even if someone helped you with the answers), you can leave the remaining parts empty. If someone else filled out the form, or served as interpreter, those persons must fill out Parts 13 and 14 and sign and date this.
See the USCIS instructions to I-360 for submission details.