filing

[sebrina 0]

Good day. I am standing in behalf of my husband. My husband is a USA citizen. But he is now in Jamaica for one year and five months now,due to the fact that he got admitted in the hospital (USA) for shortness of breath and chest pain. Shortly after he got out the hospital,he said that he is scared to be living on his own in America. I (sebrina P. G.) is not an American citizen I live in Jamaica. We have been happily married for 2 years and one month now. My main concern is can he still go back to America to live?

Edited October 6, 2017 by Ryan H
Reason for edit: to remove full name.

[Crazy Cat 42,691]

I'm sorry, but your question is not clear.  Are you asking if YOU can go to the US with him to live?

[sebrina 0]

2 minutes ago, missileman said:

I'm sorry, but your question is not clear.  Are you asking if YOU can go to the US with him to live?

Yes that

Even though he has been out of the country so long,can he still go back?

[geowrian 22,338]

7 minutes ago, sebrina said:

Yes that

Even though he has been out of the country so long,can he still go back?

He's a US citizen so he can enter at any time. If you want to join him, he can file an I-130 to petition for you. ETA: ~12-14 months.

Edited October 5, 2017 by geowrian

[sebrina 0]

Thank you. Does the age factor matter with he and I ? Cause I hear  people saying that I might not get through with the filing. Can he stay in Jamaica and file for me?

[apostman03 0]

Hi,

Hope this help

 

https://www.uscis.gov/travel-documents

 

Re-entry Permit

Permanent or conditional residents should apply for a re-entry permit if they will be outside the United States for one year or more. While it is valid, a re-entry permit allows you to apply for admission to the U.S. without having to obtain a returning resident visa from a U.S. Embassy or Consulate. Go to our Form I-131, Application for Travel Document page for information on how to apply.

Carrier Documentation

Carrier documentation allows an airline or other transportation carrier to board permanent residents who have temporarily been outside the United States and whose Green Card or re-entry permit has been lost, stolen or destroyed.  If you are a permanent resident in this situation, you may need to file a Form I-131A. Go to the Form I-131A, Application for Travel Document (Carrier Documentation) for more information.

[Crazy Cat 42,691]

1 minute ago, apostman03 said:

Hi,

Hope this help

 

https://www.uscis.gov/travel-documents

 

Re-entry Permit

Permanent or conditional residents should apply for a re-entry permit if they will be outside the United States for one year or more. While it is valid, a re-entry permit allows you to apply for admission to the U.S. without having to obtain a returning resident visa from a U.S. Embassy or Consulate. Go to our Form I-131, Application for Travel Document page for information on how to apply.

Carrier Documentation

Carrier documentation allows an airline or other transportation carrier to board permanent residents who have temporarily been outside the United States and whose Green Card or re-entry permit has been lost, stolen or destroyed.  If you are a permanent resident in this situation, you may need to file a Form I-131A. Go to the Form I-131A, Application for Travel Document (Carrier Documentation) for more information.

This does not apply?  The husband is a US citizen.  No re-entry permit is needed.......Spouse is not a legal resident of US yet....

Edited October 5, 2017 by missileman

[geowrian 22,338]

8 minutes ago, sebrina said:

Thank you. Does the age factor matter with he and I ? Cause I hear  people saying that I might not get through with the filing. Can he stay in Jamaica and file for me?

Age can be a red flag if there's a large discrepancy, but is not a cause for denial in itself. And I'm talking like 20-30 year differences, and even then it's taken in consideration with the local culture.

Yes, he can remain in Jamaica. However, he will need to either establish US domicile before the visa can be issued, or show sufficient intent to establish US domicile. He will also likely need a joint sponsor for the Affidavit of Support.

 

5 minutes ago, apostman03 said:

Re-entry Permit

Permanent or conditional residents should apply for a re-entry permit if they will be outside the United States for one year or more. While it is valid, a re-entry permit allows you to apply for admission to the U.S. without having to obtain a returning resident visa from a U.S. Embassy or Consulate. Go to our Form I-131, Application for Travel Document page for information on how to apply.

Carrier Documentation

Carrier documentation allows an airline or other transportation carrier to board permanent residents who have temporarily been outside the United States and whose Green Card or re-entry permit has been lost, stolen or destroyed.  If you are a permanent resident in this situation, you may need to file a Form I-131A. Go to the Form I-131A, Application for Travel Document (Carrier Documentation) for more information.

Re-entry permits are for LPRs (green card holders). USCs are always permitted entry.

Edit: Plus they need to be applied for while still in the US. The carrier documentation is only to cover if you don't physically have the card on you (i.e. lost/stolen/destroyed).

Edited October 5, 2017 by geowrian

[sebrina 0]

Thank you. If my husband is disabled and not in the states is he still allowed his benefits?

[Crazy Cat 42,691]

1 minute ago, sebrina said:

Thank you. If my husband is disabled and not in the states is he still allowed his benefits?

Social Security- Yes

Medicare- No

 

"Any U.S. citizen that's otherwise eligible for Social Security Disability (SSD) can receive benefits, even if living overseas. There are however, certain countries theSocial Security Administration (SSA) cannot mail benefit checks to, and paymentscannot be processed and sent to someone other than you."

Edited October 5, 2017 by missileman

[Crazy Cat 42,691]

"Medicare doesn't usually cover health care outside the U.S. (And the government's definition of the U.S. includes the 50 states and the District of Colombia, Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands.) However, there are some small exceptions."

[sebrina 0]

How do I go about applying for his social security even though he is not in the states? Since he came back from the states he developed dementia. Would that still be a problem for me as his wife to be filed for?

[Crazy Cat 42,691]

Just now, sebrina said:

How do I go about applying for his social security even though he is not in the states? Since he came back from the states he developed dementia. Would that still be a problem for me as his wife to be filed for?

I'm sorry to hear of these circumstances.......You will probably benefit from consulting an attorney due to the legal processes required in such a case.......

Best wishes.

[sebrina 0]

Ok. Thank you

[EandH0904 1,184]

17 minutes ago, sebrina said:

How do I go about applying for his social security even though he is not in the states? Since he came back from the states he developed dementia. Would that still be a problem for me as his wife to be filed for?

You could make the argument that if he has dementia (depending on how severe it is) that he is not capable of deciding where he wants to live, is not capable of designating a beneficiary for his social security or even filing and signing the I-130 forms to get you back to the US with him. I would definitely talk with him, his physician, and a lawyer who can help you (and him) handle his estate and determine the best outcome for him (and you).