Widow/Widower of a U.S. Citizen: IW Visa

FAQ

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Eligibility

To be eligible for an immigrant Visa as the widow/widower of a U.S. citizen:

  • The marriage must have existed more than two years prior to death and the couple cannot have been separated at the time of death.
  • The petition must be filed within two years of the death of the U.S. citizen spouse.
  • The widow or widower may not remarry prior to admission to the U.S. as a permanent resident.

How to Apply

Step 1: File the Immigrant Visa Petition
The widows or widowers of U.S. citizens may file a petition Form I-360 petition for themselves with the U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), at the U.S. Embassy in Seoul.

Step 2: Gather the Required Documents and Prepare for the Immigrant Visa Interview
Once the approved petition has been received at the immigrant visa unit from the USCIS, the petitioner or beneficiary will receive the Instruction Package containing a list of the documents the intending immigrant must present at the immigrant visa interview. You must then schedule an appointment once you have obtained all the necessary documents as listed in the Instruction Package.

Step 3: The Immigrant Visa Interview

On the interview date, a consular officer will adjudicate the application based on the visa interview and documents submitted by the applicant. The issuance or denial of the immigrant visa is up to the discretion of the interviewing officer.

Please note that you must bring your current passport and all old passports. You must have completed your medical exam before your interview. Applications without all of these items will not be accepted. Only applicants with appointments will be admitted into the U.S. Embassy. Due to the limited space in our interview waiting room, only beneficiaries may enter; the petitioner may accompany the applicant. Other accompanying parties, including friends, employees, or attorneys must wait outside. Children under 18 years old may be accompanied by one parent or guardian to the interview.

Beneficiaries are strongly advised not to finalize travel arrangements, dispose of their property, or give up their jobs until after they have been issued visas. Quitting a job, leaving school, selling property and/or closing bank accounts prior to visa issuance may be risky, as in certain cases visa issuance may be delayed for some time.