Just in case

[Happytobe 164]

I'm posting in the ROC forum because we filed my husband's ROC paperwork in August and things seem to be going ok with that, just waiting. I was diagnosed with cancer last month and am having a surgery at the end of this month to remove the organs associated with the affected area. It's a relatively routine procedure, but there's always a chance things won't go as planned.... So, I'm trying to get documents and paperwork in order, just in case things take a turn for the worse.... I'm going to get the insurance documents and Social Security papers ready, but I'm not sure what his steps would be should he decide to stay here in the states in regards to immigration. Basically, I need to know which documents he would file and the time frame for filing them. If all goes well with the surgery, he was planning on applying for citizenship next year, but I don't know if he would stay here if I was not here. I just want to have things in order for him. Thanks in advance!

[soba3 7]

I ask Almighty Allah, Lord of the Magnificent Throne, to make you well. May Allah grant him shifa and provide him with a complete and speedy recovery

[Happytobe 164]

Thank you, soba3

[Adil & Jeanne 296]

First ask him if he would stay

If he wants to:

Then write a will (each of you) to cover the other

add him to checking account

your apartment lease or house deed

utllity bills

comingle all your funds

let him know this makes him responsible for your debts

others will tell you what more you need to do

Cancer can be beat so we all wish you well

incha allah

allah yekbel

allah yessir

[Happytobe 164]

I have tried to ask, but he doesn't want to talk about that possibility. His only input is, that things will be ok, and I'm not leaving this world before he does.... That's why I want to have everything together for him. I know cancer can be beat, but things do happen.... Thanks

[Pinkrlion 2,724]

God be with you. I would make a will and establish an executor of the will to help your husband through the immigration process. i already have my sister in place to assist my husband if something happens to me.

[Lynkali 163]

What a touching emotional topic, I wish I could actually give useful information! You're very brave and conscientious to sort as much out JUST IN CASE, and I'm amazed at your strength. I do know there is a Widower Guide for adjusting status ( http://www.visajourney.com/forums/topic/408478-widower-guide/) but since you've already submitted the ROC documents, I have no idea of the process or if there is a guide on this site. I would expect that it would be somewhat like a divorce waiver for ROC -- if the worst comes and your husband has to ROC alone, then he would attend the ROC interview and bring evidence of your good-faith marriage but change the ROC to a widower waiver, much like divorced couples do.

I'm pretty sure your husband would have to wait the full 5 years for citizenship naturalization if you were no longer present. But the 5-year naturalization isn't very difficult and he would not need much proof of a bonafide marriage at that point. Please note, I'm NO expert here other than lots of forum reading. Maybe Hypnos ( http://www.visajourney.com/forums/user/131060-hypnos/) or other longtime experts could chime in?

Obviously the other normal documents for estate planning need to be settled (a will and/or trust, a power of attorney over your estate) but those don't have much to do with immigration, and any estate planning lawyer/agency can help you out with those aspects.

GOOD LUCK and I truly hope this is all just speculation, I wish you the best in your upcoming surgery!

[Pitaya 2,577]

Earlier this year, one of the things that we included in our RFE response for our ROC petition were wills, DPOAs, and Living Wills for my wife and I. We both debated about it, and initially, because of the finality of the topic, we avoided it. However, while going through the document interview process, we both agreed that it was much better to be able to discuss and make these serious decisions during a calmer and less stressful situation than when these types of documents actually need to be employed and executed.

We don't know if it helped with our ROC petition approval, but we are glad that now are prepared when the need arises. I would imagine that altering/amending will also be easier, if need be, since the initial and toughest work is already done. Any competent estate planning attorney or other agencies can help you draw them up. We used legal zoom.com and were satisfied with the process, product and price. This is only an unsolicited endorsement from a satisfied customer. YMMV.

Good luck with favorable outcome of your health issues and your immigration journey.

[NikLR 13,232]

You guys need to discuss wills and mpoa. They're important to have in life, especially if one of you are sick. My husband and I know that these things are hard to discuss and it's easier if no one is sick. Tell him you have no intentions of leaving this world any earlier than you have to but life is life, this is important.

As for his journey, if he gets his 10 year card, he can naturalize at 5 years if he wants. If something happens to you before he gets the 10 year card, he can apply with a special waiver for widows.

The reason I say YOU need a will is because of his status in the US. It would make the court system much easier on him if you own any assets no matter what he decides.

Anyhow, be strong, think positive thoughts, live life, smile, laugh, and love. It's important to plan for worst case scenarios but it's even more important to be positive about the outcome.

[Jawaree 718]

Sis god will see you thru,as other stated cover him with making your wishes known by a will

for all tisie you care for....stay positive & may his face shine on you...stay blessed & blessed love

[Happytobe 164]

Thanks, everyone... it's been difficult to wrap my head around all of this. Getting things done today!

[2far 185]

Others have mentioned the wills and the naturalization in case he chooses to stay.

I have no idea how much your husband is involved with paying the monthly bills and regular expenses. My husband has been here about as long as yours has, and I've always taken care of all of that. If you are in a similar situation, you may want to prepare a list of all the bills and expenses, due dates, and how they are paid. Explain any income you may be receiving (short-term disability maybe). Explain the insurance documents and how the medical bills are handled (whether you are billed and have to submit a claim to your insurance, or the claims are automatically sent to the insurance and you are only sent a bill for what is not covered, etc). Having your husband understand how these things work could save you both some stress while you are recovering.

My heart is with you! I wish you the absolute best!