Green card issues
 

Hi all, you who were invaluable to me going thru the GC by marriage process, I dont think I'd begun it if i realised how difficult it was but you got me through it and I had 5 glorious married years, until June this year when my husband passed away unexpectedly in the US while I was visiting my family in England. I'm still trying to get to grips with it and have some questions so I thought i'd ask you guys to give me a hand :unsure:.
firstly do i have to let the authorities know straight away, as i'm afraid they might cancel my GC, i know that i have to continue to make the US my primary residence to remain viable and hope to decide how to go about this very soon. My husband was my sponsor and his father co sponsor. My GC is valid for another 7 years, providing i can keep it will i be able to renew it ? My husband's grandmother is very wealthy and he was in line for an inheritance, since his demise i have had no contact with them, and i would assume, knowing them that they would just now write him out of anything like he, or i, never existed. i wonder if i should engage the services of a lawyer? i dont want to divulge too much personal info about him but theres no other financial source. i've pretty much been ignored by his family. anyway thats enough to be getting on with for now, i hope some kind folks on here will be able to take the time and guide me in the right direction..thank you :starsmile:

Re: Green card issues
 

Sorry to hear of your loss. :(

Having a green card makes you a permanent resident, the only exception to it being "permanent" is if you had a conditional green card (were married less than two years when you got it) you become an unconditional permanent resident after two years.

Barring conviction of a felony you can remain a permanent resident of the US for the rest of your days, renewing yiur GC every ten years as per usual, and there is certainly no procedure for removing a permanent resident just because their USC spouse dies. In practice it is common for those on a conditional green card to be able to get the conditions removed even if they aren't married after two years. A frequent poster on BE had his green card conditions removed earlier this year despite his wife commencing divorce proceedings after just over a year of marriage.

Alternatively after three years of marriage, or five years under any circumstances, while holding a green card you can apply for citizenship.

It is certainly possible that your husband's grandmother could write him out if her will, but I believe if she does not, or stipulate in her will that beneficiaries must be alive, I believe her bequest to your husband would become part of your husband's estate, so your best bet might be to keep quiet and hope she doesn't change her will to write your husband out.

Re: Green card issues
 

I'm so sorry for your loss.

I assume you have a 10 year green card? If so, you don't need to notify anyone or do anything regarding immigration, until time for you to either become a USC or renew your green card. You will be able to do both, even though your USC spouse passed away.

Regarding any inheritance, you'd probably need to consult with a lawyer. Did your husband have a will? Are you the beneficiary of any life insurance or 401K plans he had? You should notify social security of his death, for sure. .. there is usually a small SS death benefit.

Take care of yourself.

Rene

Re: Green card issues
 

Thanks Pulaski, thats very reassuring and begun the journey through the maze i have to navigate through, i dont know what his grandmothers plans were but i assume she would leave it all to her daughter (my mother in law) and if there was anything left it would go to her 3 sons (one being my husband) my main worry is not doing anything and in years to come being told that i should have done this or that but its too late now, i guess i'm looking for answers i dont even know the questions to..:blink:

Re: Green card issues
 

Well the problem you face is that there is absolutely nothing you, or anyone else can do to stop a person "of sound mind" from changing their will whenever they like.

If you didn't have a good relationship with your husband's family before he died, I doubt you can do much to develop one now, so I would presume that causing any sort of disturbance now would only increase the chances of the will being changed to your detriment. .... Hence my advice to let sleeping dogs lie.

Re: Green card issues
 

Just wanted to offer my condolences for your loss.

Re: Green card issues
 

Hi Rene, thank you for replying, again its very reassuring to know that i can still live in the US though i dont know how or where yet. so when i go through immigration next and they ask me where my husband is (as they have before)I will have to be honest and hope they dont draw me over the coals , as you know they make their own rules depending on their moods sometimes..but thats really a load off :-) no he didn't make a will, if he had a 401k i wasnt aware of it (he was self employed) and any ins policies in his name will have been intercepted by his mother even if i should have gotten it, thats why i was wondering about a lawyer. i have informed social security so that its been recorded but there isn't anything coming to me. Thank you for your kindness and time

Re: Green card issues
 

Thank you, thats very kind:regular_smile:

Re: Green card issues
 

If he had a life insurance policy, and named you as the beneficiary, his family can't get that money. I would think you'd have a copy of the policy. It would be beneficial to talk to a lawyer, but unless he gave the life insurance policy to his family (doubtful, if you are the beneficiary), you need to find the policy. The lawyer can't find it for you, I don't think.

Not sure what you mean by "intercepted by his mother". The policy would have been in his possession, not hers.

Rene

Re: Green card issues
 

To expand, in more general terms, a life insurance policy pays out to either (i) to one or more named beneficiaries (specified by the insured person, or, (ii) in the absence of named beneficiaries, to the estate. If your MIL "intercepted" a cheque from the life insurance company that was not payable to her, then that is theft, and a very serious matter, and matter for the police more than a lawyer.

In the first instance I don't see any need to consult a lawyer as you don't appear to have anything substantial to discuss. The first thing you should do, given that you don't appear to have any material evidence that your husband had life insurance or pension savings, is to obtain and review his bank statements, which should be downloadable for several years (perhaps going back as many as six years). You should look for regular outgoing monthly payments to a life insurance company and/or to an investment manager. I regret to say, if you don't find any regular outgoing payments it is highly unlikely that your husband had life insurance or pension investments. The only sliver of hope would be if he had purchased single premium life insurance, which is not common, or invested a lump sum for a pension.

If your husband was ever employed you could try contacting the company(ies) he worked for to see if he had any pension entitlement or a 401k.

Re: Green card issues
 

You have a green card; you are a US permanent resident. They can't refuse you entry to the US no matter how much they might try to intimidate you. Whether your husband is alive or not is irrelevant because...


... as much as they might think they can, they are still bound to uphold the law - and the law is in your favor. Being a PR puts you in a whole different category than someone with a visa or someone using the VWP. You have rights that are codified in law.

Ian

Re: Green card issues
 

It is unfortunate that your husband did not have a will, which means that you will have to deal with the laws relating to intestate succession in your particular state. However, as his wife, and assuming that there are no complicating factors such as his having children from a previous marriage, it is likely that you will be entitled to his entire estate. Any bank accounts or property that were held jointly by you and your late husband should pass to you automatically but everything else will need to go through some form of probate and, for that, you probably should consult with a lawyer who is familiar with the procedures in your state.