Spouse Death

[HeartG 0]

Hello,

 

I'm posting for two friends. I'm new to this website and I don't know if this is where I'm suppose to post or not. But here are my questions. Both of these women are living in the Philippines. And their spouses haven't petitioned them yet. One is a widow, the other has a husband who only visits her once or twice a year. My widow friend is still grieving and she has no idea what to do. They were married here in the Philippines but she has no US SS number. I know this may sound insensitive but is there a way for her to claim her husband's benefits?

 

For my other friend, is their a way for her to be added to her husband's insurance even though she is not in the US?

 

Thanks,

 

Heart

[deafguy72 99]

5 hours ago, HeartG said:

Hello,

 

I'm posting for two friends. I'm new to this website and I don't know if this is where I'm suppose to post or not. But here are my questions. Both of these women are living in the Philippines. And their spouses haven't petitioned them yet. One is a widow, the other has a husband who only visits her once or twice a year. My widow friend is still grieving and she has no idea what to do. They were married here in the Philippines but she has no US SS number. I know this may sound insensitive but is there a way for her to claim her husband's benefits?

 

For my other friend, is their a way for her to be added to her husband's insurance even though she is not in the US?

 

Thanks,

 

Heart

For the widow friend of yours, I'm so sorry to hear her loss so she is not a USC and can not claim her husband's benefits at all. For instance I'm married to my Filipina wife here in this country on my SS disability so then I asked SSA office to claim her for the benefits. They said no until my wife resides in the States so she can apply for SS number, etc. With my children born here in the Philippines through CRBA process they receive benefits under my SS based on my disability. 

 

With the other friend about the insurance if her husband already file a petition to immigrate her to US then yes she can be added living in the States. If not, she won't get anything. Hope this helps

[Chris Duffy 1,257]

She can apply for  a widow visa

 

https://www.uscis.gov/greencard/widower#card

 

 

 

 

 

 

Edited February 26, 2018 by Chris Duffy

[Chris Duffy 1,257]

2 hours ago, deafguy72 said:

For the widow friend of yours, I'm so sorry to hear her loss so she is not a USC and can not claim her husband's benefits at all. For instance I'm married to my Filipina wife here in this country on my SS disability so then I asked SSA office to claim her for the benefits. They said no until my wife resides in the States so she can apply for SS number, etc. With my children born here in the Philippines through CRBA process they receive benefits under my SS based on my disability. 

 

With the other friend about the insurance if her husband already file a petition to immigrate her to US then yes she can be added living in the States. If not, she won't get anything. Hope this helps

From what I read you do not have to be a USC only in the USA legally.

 

 

 

 

[deafguy72 99]

Just now, Chris Duffy said:

From what I read you do not have to be a USC only in the USA legally.

 

 

 

 

Thanks for clarify this Chris. I meant legally either LPR or USC. I apologized 

[Chris Duffy 1,257]

1 minute ago, deafguy72 said:

Thanks for clarify this Chris. I meant legally either LPR or USC. I apologized 

I just googled, I have no actual experience

 

So if the wife entered the USA legally via a widow visa.  Would she then be entitled to his benefits?  Or is there is a waiting period or did they have to live together so long before she would be eligible?

[deafguy72 99]

40 minutes ago, Chris Duffy said:

I just googled, I have no actual experience

 

So if the wife entered the USA legally via a widow visa.  Would she then be entitled to his benefits?  Or is there is a waiting period or did they have to live together so long before she would be eligible?

From my experience of a female friend her husband brought her to the States on CR1 visa and then her husband passed away just after 6 months with her together. She got nothing even the benefits of his SS disability/retirement except legally to stay and file conditional residence on her own. I assume every state is different for the length of marriage whether to claim. I would like to know more about widow visa. Good question Chris!

[deafguy72 99]

11 minutes ago, deafguy72 said:

From my experience of a female friend her husband brought her to the States on CR1 visa and then her husband passed away just after 6 months with her together. She got nothing even the benefits of his SS disability/retirement except legally to stay and file conditional residence on her own. I assume every state is different for the length of marriage whether to claim. I would like to know more about widow visa. Good question Chris!

Edit to this one.  K1 ( fiancee visa ) not CR1 so that made sense she failed to claim. Sorry my mind messed up with with someone on CR1. ~ Peace ~  

[deafguy72 99]

HeartG, 

I would recommend you to check USCIS website about widow. I found something interesting here it says...

 

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 you 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.

[HeartG 0]

@deafguy72 and @Chris Duffy Thank you for your responses. They are very helpful.

[HeartG 0]

1 hour ago, Chris Duffy said:

So if the wife entered the USA legally via a widow visa.  Would she then be entitled to his benefits?  Or is there is a waiting period or did they have to live together so long before she would be eligible?

These are very good questions. I'd like to know if she would be entitled too. They have been married for three years. She is only 37. No kids. He passed away early this month.

[Hank_ 9,174]

10 hours ago, HeartG said:

Hello,

 

I'm posting for two friends. I'm new to this website and I don't know if this is where I'm suppose to post or not. But here are my questions. Both of these women are living in the Philippines. And their spouses haven't petitioned them yet. One is a widow, the other has a husband who only visits her once or twice a year. My widow friend is still grieving and she has no idea what to do. They were married here in the Philippines but she has no US SS number. I know this may sound insensitive but is there a way for her to claim her husband's benefits?

 

For my other friend, is their a way for her to be added to her husband's insurance even though she is not in the US?

 

Thanks,

 

Heart

Depends on her age and if there are children.   Eventually she would qualify for benefits, currently I believe the age is 60 for those born in certain years. 

 

 https://www.ssa.gov/planners/survivors/ifyou5.html

 

https://www.ssa.gov/pubs/EN-05-10084.pdf

 

There are other issues relating to receiving payment outside the USA

 

https://www.ssa.gov/pubs/EN-05-10137.pdf

[Chris Duffy 1,257]

4 hours ago, HeartG said:

These are very good questions. I'd like to know if she would be entitled too. They have been married for three years. She is only 37. No kids. He passed away early this month.

She would be entitled to his estate if he had no will.

 

 

[Greenbaum 12,260]

18 hours ago, HeartG said:

Hello,

 

I'm posting for two friends. I'm new to this website and I don't know if this is where I'm suppose to post or not. But here are my questions. Both of these women are living in the Philippines. And their spouses haven't petitioned them yet. One is a widow, the other has a husband who only visits her once or twice a year. My widow friend is still grieving and she has no idea what to do. They were married here in the Philippines but she has no US SS number. I know this may sound insensitive but is there a way for her to claim her husband's benefits?

 

For my other friend, is their a way for her to be added to her husband's insurance even though she is not in the US?

 

Thanks,

 

Heart

I am not an expert first of all. I think either you or your friends need to talk with a representative with SS at USEM. They will be able to walk them through what they are eligible and what they are not. 

 

First off they have a death benefit of $250 that anyone who loses a USC spouse is entitled to. If the widow is raising his US children there is compensation for that. They also may be eligible for survivor benefits while raising the children. But I can't say for sure if they are eligible. Again, I recommend contact Social Security.

 

I read this "receive survivors benefits at any age if you take care of the deceased worker's child who is under age 16 or is disabled and receives benefits on the worker's record."

 

There are just too many questions that an expert should answer and I would leave it to VJ to answer your questions.

 

I have been through this with a deceased USC wife and a know a what I received for my children and for myself. But I don't know the first thing about what your friends will receive. It's best to call the Embassy to get your questions answered by the SS expert agent.

 

Here is the contact information for social security at USEM:

 

American Embassy
1201 Roxas Boulevard
Ermita, Manila 0930
Philippines
Phone: 632-301-2000
Fax: 632-708-9714 or 632-708-9723
Email: FBU.Manila@ssa.gov

[Greenbaum 12,260]

Sorry to repeat but I made changes to my original post which has additional information on this topic.

 

First of all I am not an expert.

 

I think either you or your friends need to talk with a representative with SS at USEM. They will be able to walk them through what they are eligible for and what they are not. 

 

I know there is a death benefit of $250 that anyone who loses a USC spouse is entitled to. If the widow is raising his US children there is compensation for that possibly. They also may be eligible for survivor benefits while raising the children. But I can't say for sure if they are eligible. Again, I recommend contacting Social Security.

 

There are just too many questions that an expert should answer and I would leave it to VJ to answer your questions.

 

I have been through this with a deceased USC wife and I know what I received for my children and for myself under her SS record. I knew what I was eligible for by contacting SSA and discussing it with them. They were able to tell what, when and how much I would be eligible for. I knew the waiting periods and what ages to apply for what. I knew that I couldn't remarry till I was 60 or I would lose additional payments but if at age 60 I wasn't married I could receive death benefits on my wife's record even if I remarried (which I did to my lovely Filipino wife). Then, when I retired, which by the way is April of this year, I would draw on my SS benefit record and no longer my deceased wife's record. Something that I didn't now is that my Step Son who is fifteen, I would be eligible to collect benefits for him till he reaches 18. That amount is 50% of my record. This I didn't find out till I had my interview for my upcoming switch to my SS record.

 

But I don't know the first thing about what your friends will receive. It's best to call the Embassy to get your questions answered by the SS expert agent. Time is of essence.

 

Here is the contact information for social security at USEM:

 

American Embassy
1201 Roxas Boulevard
Ermita, Manila 0930
Philippines
Phone: 632-301-2000
Fax: 632-708-9714 or 632-708-9723
Email: FBU.Manila@ssa.gov