USC on deathbed, Filipina wife on CR1 Visa... Need some advice..

[deidre 13]

Hi all ! I am hoping to help out a young girl who is in a sticky situation... (I work in a hotel and she is one of my guests, and because I'm also an immigrant I feel that I should try and help or at least give her some direction).

This is quite a long story, so I'll summarize as best possible with the info that I know:

She is a 23 yo woman from the Philippines. She has a 4 yo son from a previous relationship.

Husband is the USC spouse, and is 61 yo. He is a veteran. He went over to Philippines and met this girl. They married over there and have been married for about 1-2 years in total so far.

He returned to USA because of health issues - serious alcoholic! Leaving his wife in Philippines. His adult daughter lives in Tampa FL so that how he ended up here. He was admitted to a nursing home but apparently was treated real badly and health went downhill (added with the fact his speech was getting bad and mind was going), so his adult daughter went to the courts and got Power of Attorney over him, and then moved him to another nursing home where he is doing better. When USC hubby was in Philippines his health was ok (for being an alcoholic), it wasn't till he got back to the US that his health declined really badly to the point where he is now).

In the meanwhile, USC hubby did apply for Filipina Wife's CR1 visa before leaving Philippines, and she finally got here about a month ago, with her child also.

Adult daughter does not like the Filipina wife, and did not want her staying in her home, so she put her up at the hotel (which is how I got to know her). Adult daughter is paying for the hotel stay.

Everyday Filipina wife and son go to the nursing home to be with USC husband, from sun up to past sun down. She goes no where else, and we know this because the hotel shuttle takes her to/from the nursing home.

Adult daughter, because of her POA on dad, has now blocked ALL access to USC hubby's stuff, so Filipina wife unable to get her name added on bank accounts, transfer money from his account to her account ( daughter stopped dad from completing a transaction), any say about medical things, housing, etc. basically she has no say with what can happen to USC husband - he is on his deathbed, liver failed so many times so unable to transplant, has had 10 strokes which has rendered his disabled, his mind is almost going and cannot remember people, can't speak, trouble seeing - this was because of over 40 years of heavy alcohol abuse! He is likely to pass in the next few weeks.

Filipina wife has FL state ID, she was able to open up a bank account for herself with same bank as USC hubby but of course cannot get the joint account. Hubby cannot physically sign anything, and with daughter having POA he sure as heck can't legally sign anything. Obviously they can't live like a normal healthy married couple because of this situation, thus no joint lease, no tax returns, no accounts, etc so very tough on being able to provide any evidence of co-mingling. It's also very tough because she can't get any recognition by the government for medical resources being a veterans wife, and also for her child because until they get some kind of permanent status, he isn't eligible for schooling, medical, etc. Adult daughter is bit willing to assist in any way, and limits contact with Filipina wife unless really necessary. Adult daughter thinks that Filipina wife just wants USC hubby's money.

If she decides to stay in the US after her USC hubby passes, Which I think she might... what will her next steps be so she can go thru the process of AOS, getting her GC, etc ? (As she is still on the CR1 visa)

Of course I could direct her to a lawyer and spend $$$$$ but before she gets to that, I would like to see if anyone can provide any direction? Has anyone been thru this? Any advice? What can she do, being that her USC hubby can't do anything? Is there an organization that can help her?

Side note: I know folks some will say this whole scenario sounds sketchy, that the Filipina wife is only looking to get her GC.... But for the benefit of the doubt, I'm going with that fact that the marriage is in good faith...

Any and all help/advice is appreciated!

Edited November 15, 2014 by deidre

[Boiler 45,482]

She has her GC as soon as she entered.

No adjustment needed.

[Jawaree 717]

She is a wife so Y she has to AOS ? she should go to the

local legal aid, and yes the child can go to school, she also

can work as long as she came as a wife on CR1. She can also

go to Catholic charities in her city...The daughter is been mean

but I somewhat understand her thinking with her father that

ill and a new wife surfacing,,.. at least she pays for the hotel

The wife should try to get out there and see about helping herself

because seem he is at a point of no return and once he goes the

daughter will cut hotel payments and all ties with her. She gained ID

and a bank acct. so I am guessing she has her SS.She should now

check into school for the child and seek a job while her step-daughter

pays for lodging she will also get some sort of SS from him after her passes

[msbau764 245]

Hi all ! I am hoping to help out a young girl who is in a sticky situation... (I work in a hotel and she is one of my guests, and because I'm also an immigrant I feel that I should try and help or at least give her some direction).

This is quite a long story, so I'll summarize as best possible with the info that I know:

She is a 23 yo woman from the Philippines. She has a 4 yo son from a previous relationship.

Husband is the USC spouse, and is 61 yo. He is a veteran. He went over to Philippines and met this girl. They married over there and have been married for about 1-2 years in total so far.

He returned to USA because of health issues - serious alcoholic! Leaving his wife in Philippines. His adult daughter lives in Tampa FL so that how he ended up here. He was admitted to a nursing home but apparently was treated real badly and health went downhill (added with the fact his speech was getting bad and mind was going), so his adult daughter went to the courts and got Power of Attorney over him, and then moved him to another nursing home where he is doing better. When USC hubby was in Philippines his health was ok (for being an alcoholic), it wasn't till he got back to the US that his health declined really badly to the point where he is now).

In the meanwhile, USC hubby did apply for Filipina Wife's CR1 visa before leaving Philippines, and she finally got here about a month ago, with her child also.

Adult daughter does not like the Filipina wife, and did not want her staying in her home, so she put her up at the hotel (which is how I got to know her). Adult daughter is paying for the hotel stay.

Everyday Filipina wife and son go to the nursing home to be with USC husband, from sun up to past sun down. She goes no where else, and we know this because the hotel shuttle takes her to/from the nursing home.

Adult daughter, because of her POA on dad, has now blocked ALL access to USC hubby's stuff, so Filipina wife unable to get her name added on bank accounts, transfer money from his account to her account ( daughter stopped dad from completing a transaction), any say about medical things, housing, etc. basically she has no say with what can happen to USC husband - he is on his deathbed, liver failed so many times so unable to transplant, has had 10 strokes which has rendered his disabled, his mind is almost going and cannot remember people, can't speak, trouble seeing - this was because of over 40 years of heavy alcohol abuse! He is likely to pass in the next few weeks.

Filipina wife has FL state ID, she was able to open up a bank account for herself with same bank as USC hubby but of course cannot get the joint account. Hubby cannot physically sign anything, and with daughter having POA he sure as heck can't legally sign anything. Obviously they can't live like a normal healthy married couple because of this situation, thus no joint lease, no tax returns, no accounts, etc so very tough on being able to provide any evidence of co-mingling. It's also very tough because she can't get any recognition by the government for medical resources being a veterans wife, and also for her child because until they get some kind of permanent status, he isn't eligible for schooling, medical, etc. Adult daughter is bit willing to assist in any way, and limits contact with Filipina wife unless really necessary. Adult daughter thinks that Filipina wife just wants USC hubby's money.

If she decides to stay in the US after her USC hubby passes, Which I think she might... what will her next steps be so she can go thru the process of AOS, getting her GC, etc ? (As she is still on the CR1 visa)

Of course I could direct her to a lawyer and spend $$$$$ but before she gets to that, I would like to see if anyone can provide any direction? Has anyone been thru this? Any advice? What can she do, being that her USC hubby can't do anything? Is there an organization that can help her?

Side note: I know folks some will say this whole scenario sounds sketchy, that the Filipina wife is only looking to get her GC.... But for the benefit of the doubt, I'm going with that fact that the marriage is in good faith...

Any and all help/advice is appreciated!

This one of the cases that you really need a laywer. The whole ordeal sounds very sketchy, but from a legal stand point your friend is doing the right thing by visiting her husband as much as she can. It's possible she and her kid would be entitled to something if she were to take the daughter to court.

[RayJan 2]

I suggest to have her contact CFO (commission on Filipinos overseas), they're the government agency which is responsible for FIlipino welfare when we get here in the US and for sure our government won't hesitate to help her on what's the best action to take. Www.cfo.gov.ph

Below are the consulate offices and their contact information:

Philippine embassy

Washinton, dc

Tel #s:1202-467-9300; 467-9363

Www.philippineembassy-usa.org

Philippine consulate general

San francisco, ca

Tel #s:1415-433-6666 to 68; 433-6675; 433-6680

Philippine consulate general

Los angeles, ca

Tel #:1213-639-0980 to 85; 1213-639-0989

Www.Philippineconsulatela.org

Www.pcgenla.org

Philippine consulate general

Chicago, Illinois

Tel.no: 1312-332-6458

Mobile number: 312-5016458

Www.chicagopcg.com

[Penguin_ie 5,993]

The good news is, immigration wise the wife is fine- having entered in a CR-1 means she automatically gets a greencard, no need for AOS etc. The only problem I can see there is that if she put the husband's address on the visa paperwork, the greencard will be sent there and the daughter may not give it to her (is a crime to withhold, but that may not stop her...). Worst comes to worst, she can file a police report and get a replacement greencard, but for the first year, the stamped visa in her passport acts as temp greencard, allowing her to work etc.,

As to the husband... how good is the wife's english and understanding of bureaucracy etc? It is very unusual for a daughter to be PoA when there is a wife, but fighting the daughter would mean court and the wife may not have the ability to understand what needs done.

[Hypnos 6,576]

The government of the Philippines is unlikely to be much help now that she is out of their jurisdiction and living in the US.

As Boiler said, she already has a green card because she entered on an immigrant visa which grants a green card automatically upon entry. Provided she's paid the $165 immigrant visa fee through ELIS then her physical green card should arrive in the mail in a few weeks. In the meantime the endorsed immigrant visa in her passport will serve as temporary proof of a green card for up to one year.

The daughter's power of attorney is going to make things a little complicated. A good attorney's assistance will probably be needed to resolve estate issues after the husband passes away.

She will need to file for RoC at the appropriate time, and will need a certified copy of her husband's death certificate for that.

[belinda63 3,038]

She is legally here, only thing left to do is pay the elis fee and her green card will be mailed to her. As far as access to the spouse's property, insurance, etc. sounds like it is going to be a long legal battle if she wishes to obtain anything. Legally she is entitled to whatever the state says she is, usually 50%, if he dies without a will OR whatever his will says she will get. If he dies without a will it might not be worth it for her to fight for anything.

She needs to focus on finding herself a place to stay, employment, get the child enrolled in school, etc. I would not count on her having access to the spouse's home or money ever or at least not in the near future.

[deidre 13]

Thank you everyone!!

So as far as I understand it, no need for AOS as she already has the CR1 visa (my apologies for the confusion there as I went they AOS ).

I will be sure to give her that info ...thanks RayJan!!!

And I'll talk with her a little more to see where she is on the school stuff for the kid. She understands and speaks good English but she knows no one else but the hubby's family, and unfortunately the adult daughter is feeding her a bunch a BS it seems.... From everything about not being able to get a bank account to other immigration facts, but most likely she is doing so to instill some kind of fear into this young girl.

Being that the adult daughter has POA on the dad, when he passes, will the Filipina wife be able to get a copy of hubby's death certificate? I did tell her a few days ago, just to be sure she gets every single piece of document that the nursing home and doctors have about the USC hubby and his medical stuff. They know she is the wife so they will at least give her copies... I hope!

Edited November 15, 2014 by deidre

[Pinkrlion 2,716]

If daughter went to court, she is not POA, but was given by the courts legal guardianship. There is a difference. Legally daughter has the right over the wife as determined by the judge. There is nothing she can do about it unless she gets a lawyer. In addition, judge still can appoint someone else the legal guardian.

Daughter believes it is fraud due to huge age difference of about 35+ years. Also, that she still came when she knew he was in a nursing home.

That is not true about school, the child can still enroll in school. Federal law states that any chid whether illegal or not can be enrolled in school without the school mandating records or proof of residency. Its the McKinney-Vento Act

Regardless, she can still ROC, she has been issued her GC.

Edited November 15, 2014 by Pinkrlion

[Pinkrlion 2,716]

Thank you everyone!!

So as far as I understand it, no need for AOS as she already has the CR1 visa (my apologies for the confusion there as I went they AOS ).

I will be sure to give her that info ...thanks RayJan!!!

And I'll talk with her a little more to see where she is on the school stuff for the kid. She understands and speaks good English but she knows no one else but the hubby's family, and unfortunately the adult daughter is feeding her a bunch a BS it seems.... From everything about not being able to get a bank account to other immigration facts, but most likely she is doing so to instill some kind of fear into this young girl.

Being that the adult daughter has POA on the dad, when he passes, will the Filipina wife be able to get a copy of hubby's death certificate? I did tell her a few days ago, just to be sure she gets every single piece of document that the nursing home and doctors have about the USC hubby and his medical stuff. They know she is the wife so they will at least give her copies... I hope!

Nope the nursing home will not give her anything due to HIPPA laws.

[Boiler 45,482]

Looking at the original story he moved back in with his Daughter. No mention of significant assets which seems unlikely and presumably his medical care will take of any that do exist.

Presumably there will be a widows pension. Prior threads of this ilk suggests she will stay, even thought the more logical option would be to go home.

Edited November 15, 2014 by Boiler

[belinda63 3,038]

Death certificates are a matter of public record as are wills. When my father died my mother was reluctant to provide either to me so I requested them from the local court. Pay a small fee and they will mail it to you, or better go pick it up yourself. Keep in mind it takes a few weeks to register the death certificate but IF there is a will it has to be filed within a certain time after the death.

I agree with Boiler likely little to no assets to worry about. I refer you to SSA.gov to check on survivor's benefits but from glancing over it she does not seem eligible. She will need to think long and hard about what she wants to do as it seems she will be here in the US without any family support.

[Boiler 45,482]

Wonder how they handled sponsorship

[Hypnos 6,576]

As a surviving spouse she will be legally entitled to a copy of her husband's death certificate.

She should qualify for Survivor Benefits through Social Security since they have been married for at least nine months.

Edited November 16, 2014 by Hypnos