My Hubby is stressing

[indiana_sweetie 120]

Hi everyone. I tried to look this up but couldn't find an answer. I'm sure it's been addressed before. Here's the deal. My deceased husband was on disability and I receive survivor's benefits from social security based on his income. I married my new hubby after I turned 61, thus by USA law I keep my benefits, I DO NOT loose them. In fact I changed my name with SS last year, had to bring in my marriage license.

When my hubby had his interview the embassy rejected my AOS because my self-employment income alone is too low but COMBINED with SS it is above. They had all the info in front of them, but the CO told my husband, "Your wife will loose he SS benefit because she remarried, it's the USA law." But the CO is wrong. SS gave me a letter and a booklet and told me, IT IS USA LAW that you KEEP it.

But my husband is stressing, he is so worried the embassy will reject my SS again. Do any of you have combined income, SS and something else, and the embassy accepted the combined income? Or do they give you a hard time with the SS? Please I just need to comfort my poor hubby. The CO tried to tell my husband he was lying about us drinking coffee at Germija Park, even though the pictures were in front of her. The Albanian translator had to tell her he was telling the truth. After that experience he is afraid the embassy is going to jerk him around again. Thank you in advance. I hope we have this over with soon.

[X Factor 1,112]

Can you get a notorized statment from SS office verifying the fact and then let you husband have that on his interview?

[indiana_sweetie 120]

Can you get a notorized statment from SS office verifying the fact and then let you husband have that on his interview?

Yes, it's not actually notarized but it is stamped and signed from the local office and they gave me a booklet of USA SS law and I tabbed the page that states the fact that I don't loose my benefits. I told my hubby this but he doesn't trust the embassy to believe it. I told him they have to accept it, it IS the law. Do other embassies give people grief over SS income?

[X Factor 1,112]

Yes, it's not actually notarized but it is stamped and signed from the local office and they gave me a booklet of USA SS law and I tabbed the page that states the fact that I don't loose my benefits. I told my hubby this but he doesn't trust the embassy to believe it. I told him they have to accept it, it IS the law. Do other embassies give people grief over SS income?

Great that you are proactive. Tell him to relax now

[indiana_sweetie 120]

Great that you are proactive. Tell him to relax now

Thanks

[Villanelle 4,122]

Section 304 - As a Spouse and a Widow(er)

If you are a widow(er) and have remarried, you may be eligible either as a widow(er) or as a spouse. Generally, widow(er)s who remarry cannot collect benefits on their deceased spouses record, unless they have remarried at age 60 or later (age 50 for disabled widows, see Section 904). If you have remarried after you turn 60 and your spouse is eligible for retirement or disability benefits, you can receive benefits on whichever account gives you the higher benefit. Usually this is the widow(er)s benefit because the spouses benefit is only one-half of the workers Primary Insurance Amount (Section 702.1). Your entitlement as a widow(er), if you were receiving those benefits before you remarried or before your husband became eligible,will terminate upon your entitlement as a spouse.

You can find it in the handbook which is online here-

http://socialsecuritybenefitshandbook.com/page7.html#

The last sentence "Your entitlement as a widow(er) (snip) will terminate upon your entitlement as a spouse." is probably what the CO is referring to.

For the purposes of the 864, they look at how long the income is going to continue since the 864 is in effect for a potentially long time. They have complete discretion in approving or denying them.

With that said, you should still try to show them whatever pages you have tabbed in your pamphlet- is it different then the handbook I quoted above?

[indiana_sweetie 120]

When I went to my local Social Security office (by the way, I am a survivor and receive my deceased husband's disability benefit) they were surprized about what the embassy thought. The SS office knows I am remarried and that I remarried at age 61. They told me I WILL NOT loose my benefit because of remarriage and that my benefit continues and will not be terminated. In other words, as stated in the booklet and on this page http://www.socialsecurity.gov/survivorplan/onyourown2.htm

"If your widow or widower remarries after they reach age 60 (age 50 if disabled), the remarriage will not affect their eligibility for survivors benefits."

I began receiving benefits in 2010 under my previous married name. In 2011 at age 61 I remarried and changed my name with SS. I continue to receive SS benefits because they are not affected. I have all the proof to show to the embassy. The CO said they need to follow USA law, but, as the SS office told me, THIS IS USA law.

I actually have 3 things to show the embassy. My benefit letter with comments at the bottom stating my benefits do not end because of remarriage and why and also a printout of the page above. Both are stamped and signed by my local SS office. And I have the booklet.

Edited March 5, 2013 by indiana_sweetie

[indiana_sweetie 120]

You can find it in the handbook which is online here-

http://socialsecuritybenefitshandbook.com/page7.html#

The last sentence "Your entitlement as a widow(er) (snip) will terminate upon your entitlement as a spouse." is probably what the CO is referring to.

For the purposes of the 864, they look at how long the income is going to continue since the 864 is in effect for a potentially long time. They have complete discretion in approving or denying them.

(1) I won't get an entitlement as a spouse because my husband isn't drawing SS nor will he be able to until he qualifies on his own merit. So my benefit won't end, as social security clearly stated to me.

(2) The income is not ending

Edited March 5, 2013 by indiana_sweetie

[X Factor 1,112]

Thanks

Welcome

[RFQ 110]

I don't know ####### from tat here, but I just had a thought. Maybe calling a congressman could ensure better treatment and that they take into account the law and paperwork?

Wishing you the best-- sorry you guys got jerked around a bit.

[Villanelle 4,122]

(1) I won't get an entitlement as a spouse because my husband isn't drawing SS nor will he be able to until he qualifies on his own merit. So my benefit won't end, as social security clearly stated to me.

(2) The income is not ending

Im not trying to be a ball buster here- but read what you wrote. "until he qualifies on his own merit" When your husband qualifies your benefits will end. You need to understand that and not attempt to argue that point with the CO. You will lose. Plus it is never a good idea to argue with the CO. It is also unlikely that you have a statement from SS or a phrase highlighted in any pamphlet from SS stating anything to the contrary (ie your benefits will 'never' end when you remarry. Because they do end. They end when your new spouse qualifies on their own merit.

The rub here which is why the CO should allow your income to count and which is what you need to point out is the following. For your husband to qualify for SS benefits he needs to earn 40 qrs of SS work credits. Ironically the aff of support is in effect until the immigrant earns 40 qrs of work.

(I dont know if your husband plans to work, if he doesnt then no, your benefits will never ends, but the CO may not be satisfied with that) If he does work, then when he hits 40 credits, your benefits will end (as youd be eligible for benefits under him then) but the aff of support would no longer be in effect.

So you need to present it as your benefits will be in effect until your new spouse reaches 40 credits (because technically that is true) point out that is the same time limit the aff is also in effect. So the CO should have no doubt in reaching the conclusion that the income is sustainable through out the period that the affidavit is in effect.

[indiana_sweetie 120]

When my husband hits 40 credits he will be pre-retirement age and still working.

[Villanelle 4,122]

Well then the same thing still applies, when he hits 40 credits, the aff is null (unless he becomes a citizen, but they look at longest case scenario for aff of support and longest case scenario is it taking 10 yrs for them to make the work credits)

You will still be receiving payments until he hits retirement age, so its even better. Your payments will continue until he reaches both 40 credits + retirement age.

Repeat:

So you need to present it as your benefits will be in effect until your new spouse reaches 40 credits + becomes of retirement age (how ever long away that is) (because technically that is true) point out that is WAY BEYOND THE TIME LIMIT the aff is GOING TO BE in effect. So the CO should have ABSOLUTELY no doubt in reaching the conclusion that the income is sustainable through out the period that the affidavit is in effect AND IN FACT WILL SURPASS IT.

(sorry for the caps- what I added I capped)

[pushbrk 12,824]

Yes, it's not actually notarized but it is stamped and signed from the local office and they gave me a booklet of USA SS law and I tabbed the page that states the fact that I don't loose my benefits. I told my hubby this but he doesn't trust the embassy to believe it. I told him they have to accept it, it IS the law. Do other embassies give people grief over SS income?

On your affidavit of support, did you add your SS income to your self employment income when stating current income?

[indiana_sweetie 120]

On your affidavit of support, did you add your SS income to your self employment income when stating current income?

Yes