A spouse of a deceased U.S. Citizen may file a petition on his/her own behalf 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 citizen spouse died less than two years before the date on which you file this petition
- You were not legally separated from your citizen spouse at the time of death; and
- You have not remarried
- You must reside legally in the consular district of the US Embassy or Consulate at which you are requesting to file; and
- You must be able to remain in the country where the Embassy or Consulate is located for the time it takes to process the visa.
How to file an I-360 petition
Step 1: Schedule an Appointment – If you wish to file Form I-360 (Petition for Widow/er) at the U.S. Embassy Tokyo or Consulate General Naha, please fill out the Appointment Request Form. We will email your appointment date and time.
|□||COMPLETED Form I-360|
|□||PROOF OF SPOUSE’S CITIZENSHIP: Official proof of U.S. citizenship of your spouse such as a birth certificate if born in the United States, Naturalization Certificate or Certificate of Citizenship issued by USCIS, Form FS-240 Report of Birth Abroad of a U.S. Citizen, or U.S. passport which was valid at the time of the citizen’s death.|
|□||MARRIAGE CERTIFICATE: Original copy of your marriage certificate to the U.S. citizen and proof of termination of all prior marriages of either of you.|
|□||DEATH CERTIFICATE: Original copy of the death certificate of your U.S. citizen spouse.|
|□||PASSPORT: Your valid passport|
|□||BIRTH CERTIFICATE: Your original birth certificate (e.g. koseki shohon).|
|□||FILING FEE: Payable at the consular cashier in Yen or U.S. dollars with cash, credit cards (VISA, Mastercard, Discover, Diners Club or American Express) or money order payable to the “U.S. Embassy, Tokyo”. Please note that this fee is non-refundable, even if an applicant is found ineligible for an I-360.|
|□||ENGLISH TRANSLATIONS: English translations of all foreign language documents are required. Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct. The translator must certify that he/she is competent to translate the foreign language into English. It is not necessary to have the translation notarized.|
Form I-360 must be accompanied by the original documents (bearing an original seal, stamp or signature of the office of record) plus one photocopy of each document. All documents and statements must be fully, accurately and correctly completed.
The Embassy may request additional information anytime during the application process.
Step 3: Decision
If your I-360 petition is approved: You must next apply for an immigrant visa. The instructions for the next steps will be given to you. Among the documents you must gather and retain are police clearance(s), a medical examination, and an I-864W. We can only schedule an appointment after you have gathered all the necessary documentation. We conduct the interviews by appointments only.
If your I-360 petition was denied: A U.S. relative, a U.S. permanent resident, or U.S. employer may file an immigrant petition on your behalf in the normal manner. Information on the various types of immigrant and employment based petitions are available at Department of State website.