My life is a tragedy/joke/nightmare!

[Scottish Mernymph 512]

My husband(sponsor) died last month, this whole immigration stuff would have been hard enough without losing my Love. I cant find another sponsor in the family. 
Today I found out the IRS will take 30% of his 401k & life insurance if I'm still a non-resident alien.
Having issues with the car & it's insurance too.

I know it doesn't sound like much but it's all too much to bear right now!

[Illiria 980]

23 minutes ago, Scottish Mernymph said:

My husband(sponsor) died last month, this whole immigration stuff would have been hard enough without losing my Love. I cant find another sponsor in the family. 
Today I found out the IRS will take 30% of his 401k & life insurance if I'm still a non-resident alien.
Having issues with the car & it's insurance too.

I know it doesn't sound like much but it's all too much to bear right now!

I am so sorry for your loss - whilst I didn’t want to read and run I don’t have any advice but to look at the as it has a thread for widows/ widowers that might have something and there on that section who have experience with this https://www.visajourney.com/forums/forum/127-effects-of-major-family-changes-on-immigration-benefits/

[Scottish Mernymph 512]

Thankyou.

[gregcrs2 1,777]

Sorry for your loss.  The 401k becomes taxable income to you regardless of status.  

[Scottish Mernymph 512]

3 minutes ago, gregcrs2 said:

Sorry for your loss.  The 401k becomes taxable income to you regardless of status.  

I expect to pay tax, not to have to take my panties down & bend over....but what difference does it make really, I lost my Everything.

[JeanneAdil 6,189]

Not even sure how IRS would know about the life insurance unless he put it in a will

 

https://www.irs.gov/faqs/interest-dividends-other-types-of-income/life-insurance-disability-insurance-proceeds

 

Generally, life insurance proceeds you receive as a beneficiary due to the death of the insured person, aren't includable in gross income and you don't have to report them

 

and if he did not have time to change the beneficary,  you need marriage certificate,  his death notice to claim the insurance

 

As for the 401 K,  it can be taken out 4 ways (monthly,,  quarterly ,  turned over to a 401 K in your name ,  or a one time payment)

taking it monthly or quarterly it cuts down on the yearly taxes considerably

Don't forget the SS $250 you are due (one time death benefit)

and if he was getting SSA or SSI ,  you are entitled to half his benefits

 

lost a husband in 2007 so  i feel for your pain

Edited September 21, 2019 by JeanneAdil

[Scottish Mernymph 512]

5 minutes ago, JeanneAdil said:

Not even sure how IRS would know about the life insurance unless he put it in a will

 

https://www.irs.gov/faqs/interest-dividends-other-types-of-income/life-insurance-disability-insurance-proceeds

 

Generally, life insurance proceeds you receive as a beneficiary due to the death of the insured person, aren't includable in gross income and you don't have to report them

 

and if he did not have time to change the beneficary,  you need marriage certificate,  his death notice to claim the insurance

 

As for the 401 K,  it can be taken out 4 ways (monthly,,  quarterly ,  turned over to a 401 K in your name ,  or a one time payment)

taking it monthly or quarterly it cuts down on the yearly taxes considerably

Don't forget the SS $250 you are due (one time death benefit)

and if he was getting SSA or SSI ,  you are entitled to half his benefits

 

Good to know-thanks

He was only 41 & working so no SSA etc but have applied for the one-off widow death benefit

[Georgia16 2,858]

So sorry for your loss! Do you have anyone here to help you with everything?

[millefleur 5,035]

**Moved from Moving to the US and Your New Life In America to Effects of Major Family Changes on Immigration Benefits to be among similar topics**

[bakphx1 785]

That’s terrible to hear.😢😢

 

I helped my stepmother with issues like that after my father passed and it is terribly frustrating.  No one will deal with a surviving spouse without doing extra leg work.  

 

Ask his family and anyone you know for help.  We often were lucky because someone knew someone who could help with some details.  I wish I could tell you more.  Just don’t be afraid to let everyone know you need any assistance you can get.

[Villanelle 4,121]

21 hours ago, Scottish Mernymph said:

My husband(sponsor) died last month, this whole immigration stuff would have been hard enough without losing my Love. I cant find another sponsor in the family. 
Today I found out the IRS will take 30% of his 401k & life insurance if I'm still a non-resident alien.
Having issues with the car & it's insurance too.

I know it doesn't sound like much but it's all too much to bear right now!

https://www.investopedia.com/articles/personal-finance/100515/how-are-401k-withdrawals-taxed-nonresidents.asp

 

Speak to a financial planner and or CPA. I believe as a K visa holder (first year taxes at least) you can elect to file as a non resident alien or a part year resident. Its a common issue that comes up at tax time and there are threads discussing it here somewhere. From the link above that I skimmed over it seems there should be a way for you to avoid all those penalties. First thing sticking out at me is electing to not be the non resident alien for tax purposes. 

[Wuozopo 4,285]

10 minutes ago, Villanelle said:

https://www.investopedia.com/articles/personal-finance/100515/how-are-401k-withdrawals-taxed-nonresidents.asp

 

Speak to a financial planner and or CPA. I believe as a K visa holder (first year taxes at least) you can elect to file as a non resident alien or a part year resident. Its a common issue that comes up at tax time and there are threads discussing it here somewhere. From the link above that I skimmed over it seems there should be a way for you to avoid all those penalties. First thing sticking out at me is electing to not be the non resident alien for tax purposes. 

She qualifies on physical presence. She doesn't have to file taxes as a non-resident. 

Edited September 21, 2019 by Wuozopo

[Cyberfx1024 7,978]

22 hours ago, Scottish Mernymph said:

My husband(sponsor) died last month, this whole immigration stuff would have been hard enough without losing my Love. I cant find another sponsor in the family. 
Today I found out the IRS will take 30% of his 401k & life insurance if I'm still a non-resident alien.
Having issues with the car & it's insurance too.

I know it doesn't sound like much but it's all too much to bear right now!

I am really sorry for your loss ma'am.

[R&OC 346]

I am so sorry for your loss and am really sad you have to go through this all. Please know that I am happy to discuss your immigration issues if you need to have someone to listen but I am not a pro or expert, just someone with an ear.

 

What would I do? I would hire an immigration lawyer and a good one, too. I don't think you necessarily need one BUT right now, so much is crashing in on you at the same time that outside help can't hurt. As for having a sponsor, I believe you don't need one if I recall the widow-threat correctly. Plus, you inherited his 401k and life insurance which should provide you some assets to sponsor yourself. As for the financial part, I would recommend to consult a CPA.

 

How close are you with his family? Has he had good, strong ties with them? Are they willing to support you or even capable as they are surely grieving as well? Wishing you all the best, strength and energy.

Edited September 23, 2019 by R&OC

[TBoneTX 43,014]

19 minutes ago, R&OC said:

How close are you with his family? Has he had good, strong ties with them? Are they willing to support you or even capable

She said that she can't find another sponsor in the family.