Widows, widowers advised to apply for status

Ludwig, married Savon A. Ludwig, a U.S. citizen,  on Chuuk on Aug. 4, 1998.

In spite of  her marriage to a U.S. citizen, the preschool teacher and daycare worker at Saipan American Educational Foundation School has not yet made a change of immigration status since then.

In an interview with Variety yesterday, Ludwig said the reason for her stalled application was she had not received her husband’s death certificate.

“I only received it from my in-laws three days ago via facsimile,” she said.

The native of San Jose, Nueva Ecija, the Philippines is concerned that her time is running out to file her application.

The 59-year-old widow and other widows and widowers of U.S. citizens have until Friday to file their I-360.

According to USCIS, widows and widowers whose spouses died before Oct. 28, 2009 have until Friday to apply for status.

USCIS regional media manager Marie Therese Sebrechts told Variety that USCIS is reminding all eligible widow(er)s of U.S. citizens that October 28, 2011 (mainland time) is the deadline for filing a Form I-360 visa petition if spouse died before October 28, 2009.

She said USCIS must receive Form I-360 for special immigrant classification as a widow/widower by October 28, 2011.

“Since you must file Form I-360 by mail or overnight courier, please be sure to ship it in time for USCIS to receive it no later than October 28, 2011 (mainland time),” Sebrechts said.

She said the eligible widower or widow must establish that he or she is the U.S. citizen’s legal spouse, has not remarried, and admissible as an immigrant.

The USCIS website explains, “If you are the widow(er) of a U.S. citizen, a recent change in the law may affect your ability to immigrate.  Section 568(c) of Public Law 111-83 amended the Immigration and Nationality Act so that you may be eligible to immigrate, even if you and your deceased spouse were married for less than 2 years when your spouse died.”

Widows and widowers can now file Form I-360 for Special immigrant classification as a widow/widower, even if they were married less than 2 years when their spouses died.

There’s a $405 filing fee.

Sebrechts said all other information pertaining to filing as an I-360 widow(er), including application requirements, fees and procedures, can be found at www.uscis.gov/I-360.

For additional information, applicants may also contact USCIS at 1-800-375-5283.

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