Receive social security but want to spend an extended amount of time in Nigeria

[TJ 4EVER 40]

A friend of mine just got married at the end of February. She returned home to begin the CR-1 process for her husband in the beginning of March. She is planning to return to Nigeria at the beginning of April. She would like to stay there through the entire process it will take for her husband to receive his visa. I potentially see that she will face some problems. She receives SSDI and is planning on staying in Nigeria for approximately eight months to a year. It is my understanding that one cannot receive SSDI benefits if they are living outside of the US. Now she has the option of not telling Social Security that she is staying in Nigeria but when it comes time for her husband's interview and he provides proof of her visits the visa will show that she has been in Nigeria for an extended length of time. I am not sure if this will be a red flag in regards to her Affidavit of Support because she has stayed outside the States for more then 30 days and thus disqualifies herself from receiving SSDI and possibly face repaying the money. deep sigh...I realize that being away from your spouse is very difficult, I've done it and I know many of you have done it as well, so I empathize with her desire of being by her husband's side. But what I do not wish to happen is her messing up her financial stability. Please can someone advise me on how to advise her.

[Inky 1,111]

She needs to find a co-sponsor, without a doubt.

[TJ 4EVER 40]

She needs to find a co-sponsor, without a doubt.

Thanks Inky,

Yes she does realize that she needs a co-sponsor and has one. That is not the issue. The issue is I think she is putting herself in jeopardy in losing her source of income. Perhaps I am reading too much into this and immigration will not connect the dots about her income. I'm not sure, it is one governmental agency to another. I am hoping someone could shed some light on whether or not her income will be flagged because she has spent so much time in Nigeria...perhaps I am over thinking this, just do not want her to make a decision that will ultimately hurt her more then it will help her.

[Inky 1,111]

Thanks Inky,

Yes she does realize that she needs a co-sponsor and has one. That is not the issue. The issue is I think she is putting herself in jeopardy in losing her source of income. Perhaps I am reading too much into this and immigration will not connect the dots about her income. I'm not sure, it is one governmental agency to another. I am hoping someone could shed some light on whether or not her income will be flagged because she has spent so much time in Nigeria...perhaps I am over thinking this, just do not want her to make a decision that will ultimately hurt her more then it will help her.

Ok well with her having the co-sponsor they may not even look at her income and only look at the co-sponsors income. It is a pretty big risk for her to take none the less. It is her final choice though if she wants to risk it. Hopefully nothing bad comes of it.

[LIFE'SJOURNEY 970]

First, define extended period of time, for most countries spending any time greater than six months requires you to register as a resident. If your friend register as a resident of another country, than yes she will lose her government funded benefits.

Edited March 16, 2012 by LIFE'SJOURNEY

[TJ 4EVER 40]

First, define extended period of time, for most countries spending any time greater than six months requires you to register as a resident. If your friend register as a resident of another country, than yes she will lose her government funded benefits.

Hi and thanks for your response,

Like I said in the beginning she is planning on staying for the length of time it will take in her husband receiving his visa (8 to 12 months) Didn't realize she must register after being there for 6 months...is this a hard and fast rule?

[LIFE'SJOURNEY 970]

Hi and thanks for your response,

Like I said in the beginning she is planning on staying for the length of time it will take in her husband receiving his visa (8 to 12 months) Didn't realize she must register after being there for 6 months...is this a hard and fast rule?

Depends on the country, most countries only allow a tourist visa stay for 90 days to six months. Anything after six months, most considered you to be living in the country not visting.

[TJ 4EVER 40]

Depends on the country, most countries only allow a tourist visa stay for 90 days to six months. Anything after six months, most considered you to be living in the country not visting.

Deep sigh, wow...I am sure however she can be in Nigeria for more then six months without being detected....it's just when the interview comes about and the CO ask about her visits what will they make out of her being there for so long and know her income is provided by the US government.

[Reyan 56]

Your friend would be commiting fraud by deceiving our government. Personally I don't think it is worth it trying to hide this information from the US government in order to continue collecting SSDI. It would only takes one person to report her in, so I strongly recommend you tell your friend to not do it (this can potentially ruin her life). That's just my opinion.

[TJ 4EVER 40]

Your friend would be commiting fraud by deceiving our government. Personally I don't think it is worth it trying to hide this information from the US government in order to continue collecting SSDI. It would only takes one person to report her in, so I strongly recommend you tell your friend to not do it (this can potentially ruin her life). That's just my opinion.

Thanks for your opinion...I personally believe it is too big a risk and potentially ruin her as well. I just hoped once I ask the question here I would be able to go back to her with more information on how bad this has the potential of being OR that I am just being over cautious and she should do what she believes is right.

[LIFE'SJOURNEY 970]

Personally at the interview a smart CO would realized that the Petitioner has not been truthful to the US government by not reporting her extended stay outside of the country, while still collecting US government funded benefits. This could affect how much the CO believes any answers that the Petitioner had responded to regarding the petitioning of a visa for her husband. Everything has a trigger down affect.

It's that syndrome effect that everyone has that one small white lie doesn't hurt anything.

Edited March 16, 2012 by LIFE'SJOURNEY

[VanessaTony 3,567]

There are a couple of issues:

1. She would loose SSDI and yes she SHOULD tell them. This process is expensive enough without her having a huge debt to the government and a charge of social security fraud

2. The process can take a LOT longer than 12 months, esp for a high fraud country like Nigeria.

3. She could visit him of course but it's in their best interest that she returns to set up somewhere for them to live if/when he gets the visa

I understand her wanting to stay with her husband, especially given the amount of fraud in Nigeria it looks a bit better that she lives with him there but if she's receiving SSDI and losing it means it'll be next to impossible to reclaim it then she shouldn't move there. Money isn't the most important thing in the world but it is required to live (and money stress can really negatively affect a relationship).

[Adriene H 89]

Hopefully this link will help answer some questions.

"Your payments while you are outside the United States"

http://www.ssa.gov/pubs/10137.html

[TJ 4EVER 40]

Hopefully this link will help answer some questions.

"Your payments while you are outside the United States"

http://www.ssa.gov/pubs/10137.html

Wow...THANK YOU!!!! This is very helpful. God bless

[Adriene H 89]

Wow...THANK YOU!!!! This is very helpful. God bless

You're welcome and best of luck!