Spousal Benefits

[nshayne31 0]

Hi Good day everyone!

I'm Filipina married to American for 8 years. My husband was incarcerated for a year, i never been to the US. My question is, Is there any chance that i can visit him in jail? I was issued a Permanent visa last 2014 but i didnt used it because my husband was in jail i decided to call the embassy and ask for advie, they told me at first that its my decision, but after weeks they ask me to send them my passport they hold my visa they just sent it back last month. I am disabled and i cant work and need 2 more surgeries.

Another question is;

As my wife i want to know my right if i am eligible to Spouse Benefits from his Sicial Security. Hope you guys can help me with my situation. Thank you in advance. Have a good day and Godbless us.

[Penguin_ie 5,996]

So you were issued a IR-1 spousal visa in 2014 but did not use it?

If so, you likely have two options:

1. re-activate the I-130 and go for another medical, interview etc to get the IR-1 and then greencard when you arrive. Your spouse would need to arrange for a I-864 from someone, as he cannot financially support you while in jail, unless he has a lot of assets.

2. Apply for a tourist visa. That may be difficult with proven immigrant intent (from the previously approved immigrant visa).

On the social security benefits, I am not sure you are elligible as you live abroad; the prison may have a social worker that can answer those questions.

[NigeriaorBust 4,087]

Are you at least 62 years of age, spousal benefits don't start until 62