DEATH OF HUSBAND AFTER ARRIVAL OF K1

[Krikit 1,165]

To get the husbands SSI they have to be married for a much longer period of time than a few weeks. If he had an ex wife then its 10 years for the new wife to get his SSI. The ex will get it under 10 years.

Sorry, Chris.... I'm trying to clarify this in my head. Are you saying that a spouse who has not been married for 10 years would not receive the SSI should the other spouse pass away?.... that it would go to any former spouse(s)? I'm a bit confused by this.

As shocking as that might seem... the answer is that it could go to the ex-spouse.

Wow. Yes, that's shocking.

To get the husbands SSI they have to be married for a much longer period of time than a few weeks. If he had an ex wife then its 10 years for the new wife to get his SSI. The ex will get it under 10 years.

Sorry, Chris.... I'm trying to clarify this in my head. Are you saying that a spouse who has not been married for 10 years would not receive the SSI should the other spouse pass away?.... that it would go to any former spouse(s)? I'm a bit confused by this.

As shocking as that might seem... the answer is that it could go to the ex-spouse.

That sucks! I am telling my wife to put me on life support until our 10th anniversary! I have to check into this and see what I have to do.

Thanks for this info.

Would you mind letting us know what you find, G&T?

[rebeccajo 14]

It has something to do with age of the spouses at the time of the remarriage.

Lemme see what I can find:

*searching*

Ah. Here it is.

"In general, you cannot receive survivors benefits if you remarry before the age of 60 unless the latter marriage ends, whether by death, divorce, or annulment. If you remarry after age 60 (50 if disabled), you can still collect benefits on your former spouse's record. When you reach age 62 or older, you may get retirement benefits on the record of your new spouse if they are higher.

Your remarriage would have no effect on the benefits being paid to your children."

http://www.ssa.gov/ww&os2.htm

Also this:

http://www.ssa.gov/online/ssa-10.html

Edited April 7, 2008 by rebeccajo

[Krikit 1,165]

Will check those links in a minute. Thanks RJ. So, the way I read this is that a former spouse can collect benefits on a deceased ex-spouse unless they remarry before age 60, etc, etc. If they don't remarry, they can collect. Is this correct?

[rebeccajo 14]

Will check those links in a minute. Thanks RJ. So, the way I read this is that a former spouse can collect benefits on a deceased ex-spouse unless they remarry before age 60, etc, etc. If they don't remarry, they can collect. Is this correct?

I think that's right.

I remember researching this recently because I've got an ex who makes a ton of money. His SS will likely be way higher than Wes (one of the disadvantages of an 'older' person coming to the US is they don't have time to build the SS fund like a citizen does - Wes was 42 when he moved here).

For some reason, there's something tickling in my brain about divorce before the age of 50. But I could have imagined that.

[chris4gretchen 1]

To get the husbands SSI they have to be married for a much longer period of time than a few weeks. If he had an ex wife then its 10 years for the new wife to get his SSI. The ex will get it under 10 years.

Sorry, Chris.... I'm trying to clarify this in my head. Are you saying that a spouse who has not been married for 10 years would not receive the SSI should the other spouse pass away?.... that it would go to any former spouse(s)? I'm a bit confused by this.

My parents divorced after 25 years, and i remember when my dad remarried ( several years later) my mom saying the new wife would have to be married to him for ten years in order to take his SSI away from her. She has never remarried.

Chris

Edited April 7, 2008 by chris4gretchen

[rebeccajo 14]

To get the husbands SSI they have to be married for a much longer period of time than a few weeks. If he had an ex wife then its 10 years for the new wife to get his SSI. The ex will get it under 10 years.

Sorry, Chris.... I'm trying to clarify this in my head. Are you saying that a spouse who has not been married for 10 years would not receive the SSI should the other spouse pass away?.... that it would go to any former spouse(s)? I'm a bit confused by this.

My parents divorced after 25 years, and i remember when my dad remarried ( several years later) my mom saying the new wife would have to be married to him for ten years in order to take his SSI away from her.

Chris

She can't 'take it away'.

They can both draw it.

Edited April 7, 2008 by rebeccajo

[chris4gretchen 1]

actually in her case it didnt matter. the marriage he had after her didnt last ended in divorce a few years later.

Chris

[Krikit 1,165]

She can't 'take it away'.

They can both draw it.

Yes, I found this in one of the links RJ provided:

Benefits paid to a surviving divorced spouse who is 60 or older (age 50 if disabled) will not affect the benefit rates for other survivors receiving benefits.

[Gaby&Talbert 1]

I was only married to my ex for 9 years so she gets nothing from me HAHAHAHAHAHA, I couldn't have planned it better. Now from what I understand if I were to die and still be married regardless of the time married my wife is entitled to my SS as well as our son together.

[diadromous mermaid 36]

I am hoping for some positive information.

A friend of mine sponsored his K1 fiance.

After she arrived here into the us,

unfortunately he had to be admitted to the hospital and operated on.

right before the operation they got married

after the operation he suffered a heart attack, and is now in a coma.

He is not expected to survive.

He did not have time to submit the paperwork (I130 I485) though they were trying to complete it before the operation he underwent

what options does she have? with the death of her husband does her legal right to stay in the states terminate?

any help is appreciated.

I am sorry to hear about your friend. Unfortunately, bad news also befalls his new bride. Their marriage was too young to permit the alien to self-petition for immigrant status, and a K-1 visa holder must adjust status through the initial petitioner, so there's little chance for her to think of adjusting status any other way. I would recommend she consult an immigration attorney, but do so soon, as she does not want to complicate her future travels to the USA (Should she wish to) by an overstay that could trigger some sort of bar.

[pushbrk 13,116]

I am hoping for some positive information.

A friend of mine sponsored his K1 fiance.

After she arrived here into the us,

unfortunately he had to be admitted to the hospital and operated on.

right before the operation they got married

after the operation he suffered a heart attack, and is now in a coma.

He is not expected to survive.

He did not have time to submit the paperwork (I130 I485) though they were trying to complete it before the operation he underwent

what options does she have? with the death of her husband does her legal right to stay in the states terminate?

any help is appreciated.

I am sorry to hear about your friend. Unfortunately, bad news also befalls his new bride. Their marriage was too young to permit the alien to self-petition for immigrant status, and a K-1 visa holder must adjust status through the initial petitioner, so there's little chance for her to think of adjusting status any other way. I would recommend she consult an immigration attorney, but do so soon, as she does not want to complicate her future travels to the USA (Should she wish to) by an overstay that could trigger some sort of bar.

I agree completely but there seems to be an unspecified period of limbo as to her status. She fulfilled the terms of the visa by getting married and had the USC husband lived, there's no specific time frame within which the AOS must be filed. I'm curious just how long she could stay without triggering a bar. Probably there's no hard and fast answer.

[bhajishah 4]

I would want to go home tom y family if my husband died within 2 weeks of marriage. what was she feeding him??

[bhajishah 4]

And before the do gooders around here jump on me, its about the BIG PIcture!! WHy would people be talking about and worried about immigration when the loved one is in coma and possibly dying??? Sweet tone and sweet looks does not mean that there is not a Immigration Pirahna insides!!! case in point!

[Gaby&Talbert 1]

And before the do gooders around here jump on me, its about the BIG PIcture!! WHy would people be talking about and worried about immigration when the loved one is in coma and possibly dying??? Sweet tone and sweet looks does not mean that there is not a Immigration Pirahna insides!!! case in point!

It would depend upon the person but maybe coming to America was the bonus of marriage to a USC and she may want to stay? It is the land of opportunity.

[bhajishah 4]

Land of oppurtunity. its global market how about the earth of oppurtunity. appreciate your honesty though. sounding like she neede to get a work or business visa instead of swimming the river of "im going to marry and old fart" visa.