If a U.S. citizen filed a Form I-130 for his or her spouse before the U.S. citizen died and the surviving spouse:
- has not remarried, the automatic conversion provision in 8 CFR 204.2(i)(1)(iv) applies and the Form I-130 is deemed to be a Form I-360. The surviving spouse can seek to immigrate as a “widow(er)” under INA 201(b)(2)(A)(i); or
- has remarried, the automatic conversion provision in 8 CFR 204.2(i)(1)(iv) no longer applies, and Form I-130, which was automatically converted to a Form I-360, reverts back to a Form I-130. The surviving spouse can, instead, seek relief under INA 204(l) if the surviving spouse was residing and still resides in the United States when the petitioner died.