US Spouce passed away .....help :-(

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US Spouce passed away .....help :-(


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Old 19th February 2012, 02:16 PM
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Default US Spouce passed away .....help :-(

Hi, Can anyone give me some advice please??? I am a UKC who married a USC we have one duel citizen child born and living in the UK. After marrying in the US we came back to the UK to live and my Husband got permanent leave to remain. Three years ago my Husband returned to the US for a short visit and whilst there passed away unexpectedly and suddenly, and his funeral took place in the US. My Husband had always hoped that our Daughter ( now seven ) would at some point get the opportunity to live in the US, since his death I feel there is nothing left for me in the UK and would dearly love to move to the US with my Daughter and settle there. I have had a US bank account for around six years now and since my Husband passed have been frantically wiring every spare penny I have in to that bank account in the hope that one day it may be possible for me to move there. Since my Husband’s death my main income here in the UK is survivors benefit paid to me by the US. If I can manage to save enough to make the move what would my chances be of being able to make it happen? I would have no one to sponsor me as my Husband is gone so would have to rely on the survivors benefit that I already receive plus any savings I might have. Any advice would be greatly appreciated

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Old 19th February 2012, 08:18 PM
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There are some organizations out there assisting surviving spouses of US citizens. Start with Google and let us know if you need help.
I do not know of any visa category you could apply under until your child is of age and can sponsor you.

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Old 19th February 2012, 09:25 PM
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Thank you for your advice I will look on google

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Old 19th February 2012, 10:12 PM
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Would I need a sponsor or could I just survive on my survivors benefit ?

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Old 20th February 2012, 12:23 AM
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Quote:
Originally Posted by idnak View Post
Would I need a sponsor or could I just survive on my survivors benefit ?
If you have no close relatives in the US who is going to sponsor you? A sponsor must provide some resources so that you do not become a burden on the State with regards benefits etc. Hence its quite a responsibility.

Can't comment on the whether you will survive since have no knowledge of how much you get in survivor's benefits. However this is a moot point since there is no suitable visa to get you to the States in the first place- your daughter sponsoring you when she is an adult looks like the only current route.

I would advise looking again at "wiring every spare penny" into the US bank account since you are, probably, not going to be able to use it in the US for a very long time

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Old 20th February 2012, 06:53 AM
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Would I need a sponsor or could I just survive on my survivors benefit ?
Just about any sort of visa requires a sponsor - either an employer or a family member who agrees to be responsible for you and keep you off public benefits in the near term.

Unless you are planning on working and can find an employer to sponsor you for a work visa, family members are your only option. But yes, you do need a sponsor to qualify for most sorts of visas.
Cheers,
Bev

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Old 20th February 2012, 08:12 AM
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Thanks for your help and advice

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Old 21st February 2012, 12:48 PM
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Default im a lawyer, in response to your question

Hi,
I am a US lawyer licensed in New York and California (living in Dubai right now).

Your situation and status will depend on a variety of factors, and you did not supply enough information. Did you ever get a green card? Did you every apply for dual citizenship? If not why? If you have at any point held a green card, there are other options available to you. However not holding a green card does not preclude you from being able to emigrate to the states, as I said there are a variety of factors. When your husband passed away, who was the executor of the estate, as there are significant legal issues etc if the surviving spouse is not a US citizen. The drafting lawyer of the will (if there was one) would have been able to advise your husband as to these in order to protect his child and wife. You should look into that. Also if your daughter is a citizen, then you have additional rights etc. As far as getting benefits etc, what exactly are you getting? Social Security benefits, pension etc? If you qualify under certain areas, you would not need a sponsor, but if you cannot support yourself that is a different issue. It would depend on whether the benefits are enough to support you without needing public assistance. There are just too many variables here to give any specific advice. I know this is a long winded answer that doesnt give you any concrete advice, but, at least you know you should investigate it further.

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Old 24th February 2012, 10:59 AM
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Hi Tarin, Thank you for your reply, How I wish I could have had someone like you to advise me two and a half years ago when my Husband passed away in California, and his family proceeded to make sure that we ended up with almost nothing from his estate due to the fact that I was in the UK and did not know how to fight them as I knew nothing about Californian law and had no one to advise me. I don’t think I ever had a green card, I flew out to California in 2001 and married my Husband there, and he then returned to the UK with me and eventually was given indefinite leave to remain, apart from vacations I have never lived in the USA. When our Daughter was born in the UK in 2004 we took her to the American embassy in London and got her duel UK / USA citizenship, but apart from vacations, she too has never lived in the USA. My Husband lived for many years with bi polar and at times because of this could be very easily controlled by his family in California, when his family realised that our daughter’s birth could cost them his estate in the event of his death, they pressured him in to making a trust leaving everything to them and nothing to myself or our Daughter, he later amended that trust to include our daughter and only four and a half short years later he took his own life (proving in my mind that he may not of been of sound mind at any time of writing the trust ) since his death the estate has been divided but with my Daughter getting far less than the “half” that she was supposed to receive according to the trust. I am now living on survivors benefits paid to me from social security in the USA, I receive $1250.00 per month, and our Daughter receives the same, there is also a small pension that should be coming from Sears in the USA but this is only about $130.00 a month and has not yet started being paid. I would like to thank you again for your help and advice, if you think you can advise me further that would be very welcome

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