as filipina wife married a US citizen husband

[damulag 26]

A law was passed at the end of October ending the "widow penalty". You can self petition yourself if you were married to a U.S. citizen, even if you are not in the U.S., for more than two years and within 2 years of the citizens death. The new law gets rid of the requirement of being married for two years so according to the new law you could self petition yourself with form I-360. The instructions have not been updated on the form yet so I would check next month because the form expires at the end of November.

My wifes was married to a US citizen and they lived in the Philippines for their entire marriage. He died in the Philippines and she just had her interview for immigration based on the I-360. After the interview last week she called my wife and asked for us to send an affidavit of support for her I-134 so even if you do petition yourself is seems as if they are looking at the issue of public charge and you might need an affidavit of support from someone in the United States.

I do not know the entire procedure you need to go through but it appears you will be able to petition.

Link

[Dakine 26]

A law was passed at the end of October ending the "widow penalty". You can self petition yourself if you were married to a U.S. citizen, even if you are not in the U.S., for more than two years and within 2 years of the citizens death. The new law gets rid of the requirement of being married for two years so according to the new law you could self petition yourself with form I-360. The instructions have not been updated on the form yet so I would check next month because the form expires at the end of November.

I do not know the entire procedure you need to go through but it appears you will be able to petition.

Link

DITTO

I'd get a lawyer also.

Edited November 8, 2009 by Dakine

[Musho 0]

Im really sorry for your lost! I hope I can help in someway. Our Condolence for you...

A question are your husband is a veteran?

no actualy he still 45 of age. still working at the company as contractor about more than 1 year already.

So sad !

I am so sorry for your loss!

[NutMagnet 2]

Non US citizen spouse widows typically quality for 50% value Social Secuirity survival benefits paid monthly. If he never made a Last Will and Testimament "A Will", Typically his assets first go to his spouse, if no spouse - then split between his children (who if under 18 also may me entitled to Social Secuiity survival benefits also ), then to his parents, then the rest to his estate as determined by the court.

Any insurance policies not in your name as beneficiary, you "may" have a claim to as well, even if he never changed over the beneficiary name over to you. He may also have a personal life insurance policy and maybe also through his job and/or union, and his bank.

You need a good lawyer in the USA to look after your rights and retrieve due benefits as his surviving spouse. The US Embassy, Manila may be one of your fisrt phone calls to make. Look on ILW.com for a list of lawyers in the Wisconsin or Chicago area or another route would be any USA attorney who speaks Filipino. The attorney needs not to be in the city where he lived.

Being a new marriage interrupted by tragedy, you should at minimum beable to receive survivor benefits from his Social Secirity. His family in Wisconsin also has incurred losses of the heart and also expensive financial costs over the passing of their loved one. They will need to pay his bills from his estate funds, and bank accounts.

I am sorry for your loss and disappointment.

NM

[junebride 0]

Non US citizen spouse widows typically quality for 50% value Social Secuirity survival benefits paid monthly. If he never made a Last Will and Testimament "A Will", Typically his assets first go to his spouse, if no spouse - then split between his children (who if under 18 also may me entitled to Social Secuiity survival benefits also ), then to his parents, then the rest to his estate as determined by the court.

Any insurance policies not in your name as beneficiary, you "may" have a claim to as well, even if he never changed over the beneficiary name over to you. He may also have a personal life insurance policy and maybe also through his job and/or union, and his bank.

You need a good lawyer in the USA to look after your rights and retrieve due benefits as his surviving spouse. The US Embassy, Manila may be one of your fisrt phone calls to make. Look on ILW.com for a list of lawyers in the Wisconsin or Chicago area or another route would be any USA attorney who speaks Filipino. The attorney needs not to be in the city where he lived.

Being a new marriage interrupted by tragedy, you should at minimum beable to receive survivor benefits from his Social Secirity. His family in Wisconsin also has incurred losses of the heart and also expensive financial costs over the passing of their loved one. They will need to pay his bills from his estate funds, and bank accounts.

I am sorry for your loss and disappointment.

NM

thanks a lot. This all information is very helpful to me

[NigeriaorBust 4,087]

You only get the social security if you are retirement age or if you are actively raising a child that is also collecting . Your benefit are cut if you make more than a certain amount. So if you are young and childless there won't be any social security.

[musashi 0]

Junebride,

please accept our deepest condolences. We are very sorry for what happened. Keeping praying to Our Father Jah.

Again, our condolences.