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Joey C.

Widow of American Citizen applying for Visa

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My Mother-in-law is the widow of an American Citizen. She lived and worked in the US for more than 30 years and has SS retirement benefits as well as Medicare. She is currently in Canada and wants to come to the US (She is 90 years old), so applied for her visa after her husband passed away. It's been 1 year and 7 months since she applied, but from everything we've read she has the right as the widow of a US citizen to come to the US for at least 10 years. She has sent every imaginable document to them repeatedly as they have requested. Today, for the third time, they have asked her for photocopies of her birth certificate, civil documents and an affadavit of support. She already has her own SS as well as her husband's that comes to her every month from Social Security here in the US. She just wants to come and spend her last years with her family  (All US Citizens!!) Why do they need this information again?? The only thing she hasn't sent them is her own Death certificate because it hasn't happened yet!! Can anyone help us figure out why they need the same information over and over? (She has sent everything by registered mail, so we know it has all been received.) Should we just bring her to the US as a "snowbird" and keep banging away at the Visa treadmill? She's terrified that after 6 months they'll come and take her away in handcuffs and make her go back where she has no family or friends.

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11 minutes ago, Joey C. said:

My Mother-in-law is the widow of an American Citizen. She lived and worked in the US for more than 30 years and has SS retirement benefits as well as Medicare. She is currently in Canada and wants to come to the US (She is 90 years old), so applied for her visa after her husband passed away. It's been 1 year and 7 months since she applied, but from everything we've read she has the right as the widow of a US citizen to come to the US for at least 10 years. She has sent every imaginable document to them repeatedly as they have requested. Today, for the third time, they have asked her for photocopies of her birth certificate, civil documents and an affadavit of support. She already has her own SS as well as her husband's that comes to her every month from Social Security here in the US. She just wants to come and spend her last years with her family  (All US Citizens!!) Why do they need this information again?? The only thing she hasn't sent them is her own Death certificate because it hasn't happened yet!! Can anyone help us figure out why they need the same information over and over? (She has sent everything by registered mail, so we know it has all been received.) Should we just bring her to the US as a "snowbird" and keep banging away at the Visa treadmill? She's terrified that after 6 months they'll come and take her away in handcuffs and make her go back where she has no family or friends.

A widow can self-petition within 2 years (not 10) after the death of the US citizen spouse.  Did she do so within that time frame?

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1 hour ago, Joey C. said:

but from everything we've read she has the right as the widow of a US citizen to come to the US for at least 10 years.

I'm curious where you read this information?  There is no "right" to come to the US because she is a widow, it is a provision under which she can apply IF she self-petitioned within 2 years of her spouse's death---but no guarantee of approval/admittance into the US.

 

What year did she become a widow, and what year did she send in the petition?


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2 minutes ago, NigeriaorBust said:

  Also how is she collecting 2 social security checks 

She earned her own while working in the US for more than 30 years, and she gets widow's benefits from her husband's years of employment.

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9 minutes ago, Going through said:

I'm curious where you read this information?  There is no "right" to come to the US because she is a widow, it is a provision under which she can apply IF she self-petitioned within 2 years of her spouse's death---but no guarantee of approval/admittance into the US.

 

What year did she become a widow, and what year did she send in the petition?

She applied the same year she became a widow, while reading through many many government websites we have read the information about a widow or widower being allowed to come to the US for at least 10 years.

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 From his pension or social security ,  with ss you get to pick one or the other not both.  You get to claim based on your earning or your spouses you don't get 2 checks . 


This will not be over quickly. You will not enjoy this.

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13 minutes ago, Auds said:

Is your husband not a US Citizen?  Why didn't he petition for her?

She is determined to do it all herself - we told her we would do that for her and she said  if she couldn't do this "On her own, the right way" she would just die alone in Canada. A very strong-minded woman.

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Once you and your spouse are both receiving Social Security benefits, upon the death of your spouse, you will continue to receive the larger of your benefit - or your spouse’s - but not both.

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13 hours ago, Joey C. said:

She earned her own while working in the US for more than 30 years, and she gets widow's benefits from her husband's years of employment.

no, she is entitled to 1 SS check / she can either choose to collect hers or her widow benefits

even 2 married that are still living can only collect from 1 / not fair but that is SS rules

better look up SS site or this one

http://www.bankrate.com/retirement/do-i-get-my-late-spouses-social-security/

 

as far as the addional documents are you making sure that each and every page has the case number on the upper right hand corner along with her name (late huband's name and both DOB's?   they do get lost in transit and in offices when there is so much paperwork and papers are not labeled

Edited by adil-rafa

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What would she do about Medical expenses?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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2 minutes ago, Auds said:

I guess that's why she is  not using son's route... do widows require sponsor?  I know everybody does - but didn't see it in the process for widows.

Seems a long shot that she would know about the I 864, know its enforcement is lax or maybe that she has this issue.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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