May I File an Immediate Petition Based on Marriage to a Deceased U.S. Citizen Husband?

Question:

I was married to a U.S. citizen for 2 years. Three months ago, my husband died. We were not separated and were living together at the time of his death. For some personal reason, I did not file immigrant application after our marriage. I have not remarried at this time. May I file an immediate relative immigration petition based on my marriage to my deceased U.S. citizen husband.

Answer:

You may file an immediate relative immigration petition based on a marriage to a deceased U.S. citizen, if you were married to the deceased U.S. citizen for at least two years, and you and your deceased spouse were not legally separated at the time of his death.

Also, you should file the immigrant petition within two years from the date of the death, and also you did not remarry.