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Alan Passed Away. Was: I am personally needing your help this time


Daisy

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As an honourable person, I am sure she doesnt want to walk out, leaving others to pay her debts.

See below:

 

I dont think for one moment that Paul was suggesting that she run out on her debts.  Getting a job in the US would be her best possible opportunity to in fact pay those debts

 

Alan, this is EXACTLY why I am suggesting she do it. She can pay them from abroad. Otherwise, how is she going to earn the monies needed, to pay off  those debts?

 

 

Was he the sole owner of the account or are you a joint owner?

I don't know this to be factual. But, I have seen others post before that, in order to have your SS deposited abroad, you have to be the sole owner of an account.

 

I guess the Social Security Administration figure all spouses are going to kill the retiree to get the funds. :rolleyes:

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Sorry, Headshot, I have to disagree with you on this support requirement. I do not see anywhere mentioning that an affidavit of support is required for applying the widow’s via. In order to make sure,

if youhave to  come to the states and need a place to stay we always have a room

daisy,       when faced with what seems like an insurmountable problem, the best way to tackle it is to break it into smaller more manageable parts. i would suggest at this time of loss you should

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Daisy, as a Christian, I appreciate your faith in God, your praise to Christ. I also know you are grieving. While Alan wasn't able to leave you tons of money to live on, he was able to provide you, through death, a way to carry on with your life. It has to be YOUR choice as to whether or not you decide to take it. 

 

Since you were able to get the cremation sorted, I can't say I would worry too much about the death certificate, unless the US Embassy needs it. If they do, you can let them know why you are not able to provide that to them at this time. 

 

Personally, I would focus on whether you are going to attempt to go to the US, or not. That SHOULD BE YOUR PRIORITY NOW. 

 

I don't want this to turn into a tough love statement. But, while your faith will help you through this, God above also expects a certain amount of work from us, as well. So, you need to stop focusing so much on that, and start focusing on what He is helping you with at the moment. 

 

We have members who have offered to help you out until you could secure a job in the US. So, you need to start deciding if you want to try to do this, or not. If you are going to do it, you really should get on the ball here and start the process. If you are not going to apply to go to the US, you need to let us know as well, so we will not be putting so much into this either, collectively.

 

So, what will it be? What do you want to do?

 

THANKS Paul.....yes I will apply for the widow's visa as soon as I can get all things settled including my mind....but I can't even report his death because when I go to the site, their contact us will tell me ERROR.

 

Aside from the two titles that I put as collateral, I still have to follow up the PCSO, DSWD and City Government for their Financial assistance because the hospital requires me to do it....I just arrive from those offices.

 

I truly hope that I will get the financial supports here for the VISA application because it entails lots of money.

 

I will focus on that Paul... Widow's visa application application

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I truly hope that I will get the financial supports here for the VISA application because it entails lots of money.

 

http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/widower

 

 

Widow(er)

 

Green Card for a Widow(er) of a U.S. Citizen

 

Widows or widowers who were married to U.S. citizens at the time of the citizen’s death may apply for a green card.

 

Until October 28, 2009, you had to have been married to the deceased citizen for at least two years at the time of the deceased citizen’s death, in order to immigrate as the widow(er) of a citizen. Congress removed this requirement, effective October 28, 2009.

 

To immigrate as the widow(er) of a citizen, you must prove that you were legally married to the citizen, and that you entered the marriage in good faith, and not solely to obtain an immigration benefit.

 

 

Widow(er) With Pending or Approved Immigrant Petition

 

If you were married to a U.S. citizen who had filed Form I-130, Petition for Alien Relative for you before he or she died, you do not need to file anything. The Form I-130 will be automatically converted to a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. If you have children (unmarried and under age 21), they may be included on the Form I-360 regardless of whether your deceased spouse had filed a petition for them.

 

To qualify, you must not have have been divorced or legally separated from the U.S. citizen at the time of death. Your eligibility to immigrate as a widow(er) ends if you have remarried.

 

 

Widow(er) Without a Pending or Approved Immigrant Petition

 

If you were married to U.S. citizen before the citizen’s death, but had no I-130 petition filed on your behalf, you can self-petition as an “immediate relative” on Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

 

To qualify, you must not have been divorced or legally separated from the U.S. citizen at the time of death. Your eligibility to immigrate as a widow(er) ends if yout have remarried. You must file within 2 years of the citizen’s death.

 

If your citizen spouse did not have a Form I-130 pending at the time of death, you must file the Form I-360 no more than 2 years after the death of your citizen spouse.

 

If, however, you were married less than 2 years, and your citizen spouse died before October 28, 2009, you must file your Form I-360 no later than October 28, 2011.

 

 

Widow(er) of a U.S. Military Member

 

For surviving spouses of deceased U.S. military members who were killed in combat, there are separate immigration benefits under section 1703 of Public Law 108-136. Individuals in these categories may self-petition for “immediate relative” status on Form I-360.

 

 

Eligibility Criteria

 

You may be eligible to receive a green card through widow/widower status if you:

  • Were married to a U.S. citizen at the time he or she passed away
  • Either have a pending or approved Form I-130 or you have filed a Form
  • I-360 within 2 years of your spouse’s death (or no later than October 28, 2011, if your citizen spouse died before October 28, 2009, and you were married less than 2 years).
  • Are not remarried
  • Were not divorced or legally separated from your spouse at the time he or she died
  • Are able to prove that you were in a bona fide marital relationship until the time of your spouse’s death
  • Are admissible to the United States

 

Application Process

 

To obtain a green card, you need to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with all required documents as listed in the form instructions. If your spouse filed Form I-130, Petition for Alien Relative, before his or her death, we will consider the petition as if you had filed an I-360.

 

 

If You Live in the United States

 

You may file Form I-485, Application to Register Permanent Residence or Adjust Status, either at the same time you file your Form I-360 or after you file the Form I-360 whether it is pending or approved. If you already filed Form I-485 based on the petition filed by your spouse, USCIS will continue to process this application and you do not need to file another one.

 

 

If You Live Outside of the United States

 

Your approved petition will be forwarded overseas to the U.S. embassy or consulate that has jurisdiction over where you live. For more information, see the “Consular Processing” page.

 

 

Supporting Evidence for the Form I-485

 

You should submit the following evidence/documentation with your application:

  • Two passport-style photos
  • Form G-325A, Biographic Information (if between the ages of 14 through 79)
  • Copy of your birth certificate
  • Copy of your passport page with nonimmigrant visa (if applicable)
  • Copy of passport page with admission (entry) or parole stamp (if applicable)
  • Form I-94, Arrival/Departure Record (if applicable)
  • Form I-693, Report of Medical Examination and Vaccination Record
  • Form I-130 receipt notice or approval letter (Form I-797), if applicable; or
  • Form I-360 with all required documents, if filing at the same time (concurrently) with Form I-485
  • If not filing concurrently, Form I-360 receipt notice or approval letter (Form I-797)

 

Medical Examination

 

You will need to undergo a medical exam to be eligible for adjustment as an immediate relative. To locate a civil surgeon near you, see the “Find a Medical Doctor” page.

 

 

Children of Widow(er) of a U.S. Citizen

 

Your unmarried children under the age of 21 (known as “derivatives”) may be included on your immigration petition.

 

As “immediate relatives,” your derivative children are granted benefits of the Child Status Protection Act, which “freezes” their ages as of the date of the principal’s filing of Form I-130 or I-360, whichever is applicable. This provision prevents them from aging-out if they turn 21 prior to adjudication of their adjustment-of-status or visa application. They must, however, continue to meet any other additional filing requirements. For more information, see our page on the Child Status Protection Act.

 

 

Work & Travel Authorization

 

Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return). For further information, see the “Work Authorization” and “Travel Documents” pages.

 

 

What the Law Says

 

For further information, see sections 201(b)(2)(A)(i) and 204(a)(1)(A) of the Immigration Nationality Act (INA) and 8 CFR 204.2(i)(1)(iv) and 245.

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jtmwatchbiz

THANKS Paul.....yes I will apply for the widow's visa as soon as I can get all things settled including my mind....but I can't even report his death because when I go to the site, their contact us will tell me ERROR.

 

Aside from the two titles that I put as collateral, I still have to follow up the PCSO, DSWD and City Government for their Financial assistance because the hospital requires me to do it....I just arrive from those offices.

 

I truly hope that I will get the financial supports here for the VISA application because it entails lots of money.

 

I will focus on that Paul... Widow's visa application application

 

 

daisy,

 

 

 

when faced with what seems like an insurmountable problem, the best way to tackle it is to break it into smaller more manageable parts. i would suggest at this time of loss you should focus on the immediate which is mourning the passing of your husband.  after that period, and only you are the one who knows how long that will be, then jump into the next part, then next, etc. 

 

as long as you have friends and family nearby in CDO then you won't be going without food and shelter so try not to worry about money while you are going thru your mourning period as the emergency is over and you along with everyone else did everything they could to help.

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Daisy, how did Alan have the bank account set up where the SS is deposited? Was he the sole owner of the account or are you a joint owner? Is there a reason why you need to go the the counter to withdraw money. Isn't there an ATM card tied to the account? There should be one more SS payment that you are entitled to, since he was alive for part of August. It is likely you won't have access to the death certificate for some weeks, but by going to the NSO office where they actually process the certificates, you may be able to get it expedited. That might help you to get other things sorted faster.

I will answer one by one:

 

1. Alan's SS pension is on  direct deposit account at BDO, former Equitable Bank.

2. It is in his name only

3 It should be an over the counter transaction. NO REPRESENTATIVE ALLOWED.

4. NOT connected to any ATM or online transaction.

5. The one I withdraw for August was his July pension, so I doubt if there is any for august.

6. The first time I withdraw his pension last July 4, I was accompanied by the Bank's Security Guard for him to put his thumb mark. The only reason there's no guard for Aug was because Alan can sign already.

7.The hospital will not process the certificates unless I will come there on Monday and make a little cash partial payment on top of the TITLES....They said 50k will be enough since I will have the PCSO, DSWD and Mayor's assistance by then.

8. Since they will not process the Death certificate, it will not appear at NSO.

 

In total, I am PEGGED!

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I have to disagree with you on this – as I mentioned my post above, as well as in his post by Bill H, my geusstimate is her potential income would be 5 to 10 times higher in the US, and her debt would be considered small in the US.

 

I am sure she would not “walk out” from her debt, rather she could guaranty that she would be repaying her debt from her income

 

This would be her only opportunity to become a legal OFW, so to speak, without any intermediary and if I were her creditor, I would definitely feel more “secure” if she was to seek an employment in the US. If she was to seek an employment in the Philippines, the creditor(s) would end up with some land or property with questionable marketability.

 

Accordingly, we should encourage her to move forward, enjoy her new life, after properly grieving her loss…

 

When I go to the hospital on Monday, probably it would be better if I can fill up the forms already and will tell the hospital Admin in-charge in my account that the foreigners of LINC already paid my Widow's visa application so that I can be able to pay the hospital,  there might be a chance on this because from the very start, they knew that almost all the money I got for Alan's medicines were coming from you in this forum...

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will tell the hospital Admin in-charge in my account that the foreigners of LINC already paid my Widow's visa application so that I can be able to pay the hospital

 

Um, what? I wouldn't tell them anything I cannot deliver, Daisy. And, please do not tell them we have done anything that we have not. 

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Daisy..i know its been a while, but did Alan ever mention his family back home or did he leave any contact details of anyone there??

His family, a 68 year old sister is also SS dependent so she cant give me much even if she wanted to and I can understand that. His Mom is already 92 and is in the nursing home.

Um, what? I wouldn't tell them anything I cannot deliver, Daisy. And, please do not tell them we have done anything that we have not. 

 

ok....sorry

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jtmwatchbiz

daisy,

 

with all due respect you need to slow down.  you already got very good advice but this complicated and mulit-faceted problem of yours is not going to be solved in one sitting or in this thread.

 

my suggestion is you need to mourn the passing of your husband.  this is not only about money and sadly the emergency is over in a way that no one was expecting nor hoping. everyone did their best.  if, after you have gone thru your mourning period and when you can probably think more clearly then you can start to sort out your personal financial difficulties.  everyone has concerns about finances so i'm sure yours will be solved in time. 

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Yes i agree it's time to mourn the loss at this time...Re-the sister...the only reason is that if you manage to get to the US, then maybe move to her area, she can help you feel your way around..not about asking or expecting money...

 

Also you belong to a Ladies Auxiliary in CDO....can anyone with a US hubby help you by going thru the visa process rather than online here???

 

Just a thought!

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Wonderer

 

 

There should be one more SS payment that you are entitled to, since he was alive for part of August.

 

If a beneficiary dies

Let us know if a person receiving Social Security benefits dies. We can’t pay benefits for the month of death. That means if the person died in July, the check received in August (which is payment for July) must be returned. If the payment is by direct deposit, notify the financial institution as soon as possible so it can return any payments received after death.

http://www.ssa.gov/pubs/EN-05-10077.pdf

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Headshot

First, on the SS payment...It sounds like you will need a notice of death from a funeral home (Form SSA-721, Statement of Death by Funeral Directors). Call the Social Security Administration at 1-800-772-1213. The proof of death can either be a certificate of death OR the Statement of Death by the funeral home you used. Therefore, the hospital cannot hold the death certificate over your head (at least not right now). Here is the PDF for the form you need for the funeral home...

 

http://www.socialsecurity.gov/forms/ssa-721.pdf

 

Print out the form. You will need Alan's Social Security number to fill out the form, so you need to go through all of his records and find that number. Getting the Statement of Death taken care of and getting it into SSA should be you number one priority, since if another payment is made to the account, you will have to pay it back (even though you may not be able to access the account).

 

That leads me to the bad news. You are NOT entitled to Alan's payment for August (which would have come September 3rd), since you are not now eligible to receive SS widow benefits (due to lack of eligibility right now). If you are over 60, then you can apply immediately after you are in the US and have a Green Card, but any benefits between now and then are likely lost. You can appeal, but it isn't likely you will recoup the interim payments. To be eligible for the widow benefits, you must be a US citizen, you must have resided in the US (with a Green Card) for at least a few years (I'm not sure whether it is 3 or 5 years), or you must be in the US and hold a Green Card. You won't meet those requirements until you get there and have a Green Card in hand.

 

On the bank account, was the SS payment your only source of income? If so, you might as well close the account (but you will need a death certificate for that). I'm hoping you have already withdrawn everything from the account because it may be difficult to make further withdrawals. I hate to say it, but Alan didn't do you any favors not having you as a co-owner of the account. I'm astonished that after twelve years of marriage your name wasn't on all accounts.

 

On the hospital, it is obvious that they are trying to take advantage of you in your time of grief. It is bad enough that you had to put up titles to properties worth way more than the hospital bill, but now they want 50,000 pesos in addition to the titles? How much was the total bill anyway? Do you have properties in your own name? If so, you may want to think about selling whatever you need to in order to get out from under your debts. That way, you can start over with a clean slate. When you go to the hospital to talk with them again, take somebody with you who has good negotiation skills, so you can get them to bring their numbers down to a reasonable level. Preferably, it is somebody who is not so emotionally involved.

Edited by Headshot
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Headshot

If a beneficiary dies

Let us know if a person receiving Social Security benefits dies. We can’t pay benefits for the month of death. That means if the person died in July, the check received in August (which is payment for July) must be returned. If the payment is by direct deposit, notify the financial institution as soon as possible so it can return any payments received after death.

http://www.ssa.gov/pubs/EN-05-10077.pdf

 

You beat me to it by a few minutes. I had looked it up and had found the same information on the death month SS (paid the next month). If she was in the US with a Green Card, then she would have been entitled to the payment as a widow's benefit (or at least part of it. However, as it stands, she needs to make sure that payment isn't deposited, since it is likely she won't be able to access it quickly.

 

Edit: I misread your statement. She does NOT have to return the July SS (paid 3 August). She only has to repay the August SS if it comes on 3 September. The only month not entitled is the death month (which is the August SS). That was why I told her to notify SSA as soon as possible.

Edited by Headshot
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If a beneficiary dies

Let us know if a person receiving Social Security benefits dies. We can’t pay benefits for the month of death. That means if the person died in July, the check received in August (which is payment for July) must be returned. If the payment is by direct deposit, notify the financial institution as soon as possible so it can return any payments received after death.

http://www.ssa.gov/pubs/EN-05-10077.pdf

I know for a fact that what Alan receive last August was his pension for July as he explained it to me the first time he received his pension 9 years ago that his direct deposit pension was one month delayed.

 

When he reached 62 last July 9, 2006, he received his first SS pension August 5, 2006.

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