A spouse of a deceased U.S. Citizen may file Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) on his/her own behalf with U.S. Embassy Seoul under the following conditions:
- You were married to a U.S. citizen who is now deceased and who was a U.S. citizen at the time of death;
- Your U.S. citizen spouse died less than two years before the date on which you file the I-360 petition;
- You were not legally separated from your U.S. citizen spouse at the time of his/her death;
- You have not remarried; and
- You are residing in Korea.
Step 1: Schedule an Appointment.
Step 2: Bring the following documents on the day of your appointment.
- Completed Form I-360.
- Proof of your spouse’s U.S. citizenship: A copy of birth certificate, U.S. passport which was valid at the time of death, certificate of naturalization, certificate of citizenship, or consular report of birth abroad.
- Marriage certificate: Original copy of your marriage certificate to the U.S. citizen spouse and proof of termination of any prior marriages for either you or your spouse.
- Death certificate: Original copy of the death certificate of your U.S. citizen spouse.
- Your valid passport.
- Birth certificate: Your original birth certificate (e.g. For Koreans, basic certificate and family relation certificate with English translations.).
- Filing fee: Payable in cash (USD or KRW), money order, or credit cards.
- English translations: All documents in foreign language must be accompanied by certified English translations.
Step 3: Visa Interview
The Immigrant Visa Unit will send you the Instruction Package via email as soon as your I-360 petition is approved. After you have received the Instruction Package, you must schedule your appointment through the U.S. Visa Information Service or by calling the call center representative. You must submit the Online Immigrant Visa Application (DS-260) online before the visa interview, and bring the forms and documents listed in the Instruction Package to the visa interview. At the interview, you will also need to pay for the immigrant visa application processing fee, which is a separate fee from the I-360 petition filing fee. You can learn more about the Immigrant Visa Application Processing Fee on the U.S. Department of State website.