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Widowed Woman not married for 2 years

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  • Widowed Woman not married for 2 years

    I have a friend that is from Albania, she has been in the States for 6 years and married a year and a half ago to a US Citizen. Unfortunatly her husband passes away recently. She does not have a SS# so she cannot get any benefits, can anyone tell me were she should start. Thank You

  • #2
    I have a friend that is from Albania, she has been in the States for 6 years and married a year and a half ago to a US Citizen. Unfortunatly her husband passes away recently. She does not have a SS# so she cannot get any benefits, can anyone tell me were she should start. Thank You

    Comment


    • #3
      The first question is what is her status now? Did she and her late husband file any paperwork? How did she come to the USA to begin with? I don't think she is entitled to SS benefits from her late husband unless they have a minor child together. SS only provides the spouse with $255 at the time of death unless the surviving spouse is disabled or has reached the age of 62 she will not receive benefits from her late husband.

      Depending on her current status, it is possible that she can adjust status and/or become a permanent resident based on the marriage to her late husband.

      Please post more details and members of this board should be able to better help you/your friend.

      Comment


      • #4
        I agree that more details are needed. I'm not sure if she can adjust (if she hasn't already)
        as the Widow/widowers form I360 states that:
        An alien widow/widower may self-petition if
        married for at least two years to a US citizen that is now deceased and was not legally separated from the citizen spouse at the time of death; the citizen spouse's death was less than two years ago and the alien has not yet remarried.


        If she had received conditional status, then she can waive the joint filing requirement of form I751 now. She should fill-in form I751, enclose a copy of the death certificate, and supply documentary evidence tp support that the marriage was bona fide.

        If she has not yet received permanent residency, I believe she should consult an immigration attorney.
        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

        Comment

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