What will happen to her?

[Randy W]

 

Her daughter receives a little Social Security but Jimei isn't eligible because they weren't maried long enough. She gets a little help from her church but in order make ends meet she had to get a job under the table for less than minimum wage since she doesn't have a green card or EAD. Also even though she did get a pro bono lawyer the filing fees for her and her daughter are pretty steep. I 485 alone would be nearly 700 dollars.

 

 

I see she did stay, but was ineligible for SS because they weren't married long enough

[Randy W]

Actually, it looks like she IS eligible, but only after she reaches her retirement age

 

Widows, widowers, and Other Survivors

Social Security survivors benefits can be paid to:

 

* A widow or widower -- full benefits at full retirement age, or reduced benefits as early as age 60

* A disabled widow or widower -- as early as age 50

* A widow or widower at any age if he or she takes care of the deceased's child who is under age 16 or disabled, and receiving Social Security benefits

* Unmarried children under 18, or up to age 19 if they are attending high school full time. Under certain circumstances, benefits can be paid to stepchildren, grandchildren, or adopted children.

* Children at any age who were disabled before age 22 and remain disabled.

* Dependent parents age 62 or older

[warpedbored]

Last track I had Jimei was doing fine. She did get her green card and was working full time last I heard.

[yuehan123]

Actually, it looks like she IS eligible, but only after she reaches her retirement age

 

And, this perception, or mis-perception is something I hear from the Chinese wives all too often. "Oh, pretty soon I can get half my husband's Social Security."

 

And this from the ladies who are 25-45 years old. Of course, they heard it from 'somebody', and, as we already know, the infamous 'somebody' is all knowing.

[dnoblett]

It's been argued successfully that even a divorced K-1 should be able to adjust status - the law stipulates only that they marry in good faith.

Check out the I-360 form for the widow of a US Citizen

 

Seems to me that she could be considered abused just on the basis of that "comings and goings" clause in the will - have a lawyer look at it.

You may be thinking removal of conditions.

 

K-1 getting married and then divorced before Adjustment of Status is unusual, so unless AOS was taking a very long time to process, like 2 years, then perhaps AOS may be approved if divorce happened during the a long AOS process.

[Randy W]

No -the facts of the case were very clear - the case was won on the argument that only a marriage in good faith was required by law. I believe Stuart Folinsky handled the case.

[yuzhen]

I'm just wondering why she would marry a sick guy thats gonna die under those conditions. He must be handsome or something. Does her niece know about her situation? Can her niece help her? Does her niece want her in Cali?

[michaelt]

I'm just wondering why she would marry a sick guy thats gonna die under those conditions. He must be handsome or something. Does her niece know about her situation? Can her niece help her? Does her niece want her in Cali?

These terms of marriage were not presented to her until she was here in the US and less than one week before her 3 month K-1 visa expired. Her English is really quite limited and I do not think she fully understood what she was signing. She came here because they wrote for several years and he was very nice to her....quite different from now. Not sure if niece knows situation but I will inquire. I hope her niece can help! (and wants her there!!!!!)

[ChrisA]

Wow, what can I say, sorry a.. SOB.

 

Basically a take it or leave it option, talk about taking advantage of some one.

 

I hope the niece can help her.

[ChrisA]

I wouldn't be surprised if the AOS is already completed and he's holding her GC, and she doesn't know it.

[michaelt]

I wouldn't be surprised if the AOS is already completed and he's holding her GC, and she doesn't know it.

It's funny you should say that because my wife is with her at school tonight, and I will pick them both up soon (and take friend to her home because her husband has been slacking in the "pick up wife after class thing") and I expect to get a copy of her NOA "Transfer to California". I will use this to try to get status info and not really sure what to do if you are right, and he does have GC!? I really do not want to stir up that hornets nest! I will probably pretend it is still being processed and hope he stops breathing soon... : 0

[michaelt]

I'm just wondering why she would marry a sick guy thats gonna die under those conditions. He must be handsome or something. Does her niece know about her situation? Can her niece help her? Does her niece want her in Cali?

His health was not great when they agreed to get visa, but she had no idea his health was this bad (and terminal)

[ChrisA]

I hope there is some resolution to this, talk about blind-sided. Makes wonder about his motive, just to have some one holding his hand, does he even realize what affect this will have on her?

[Guest Rob & Jin]

I wouldn't be surprised if the AOS is already completed and he's holding her GC, and she doesn't know it.

It's funny you should say that because my wife is with her at school tonight, and I will pick them both up soon (and take friend to her home because her husband has been slacking in the "pick up wife after class thing") and I expect to get a copy of her NOA "Transfer to California". I will use this to try to get status info and not really sure what to do if you are right, and he does have GC!? I really do not want to stir up that hornets nest! I will probably pretend it is still being processed and hope he stops breathing soon... : 0

 

 

If the green card has been issued (without a interview) then thats easily checked with her A# online, if it was then she can just get a replacement. No need for him to even know.

[ChrisA]

Rob,

 

Good tip, serves him right!