Sunday, November 14, 2010

Survivor's Benefits + Marriage?

This will be a long one... Not sure though under what category I should of posted this question.



I lived with my American father since late 2005 in Las Vegas, my parents divorced sometime in 2000. My father remarried to a friends Hungarian ex-wife so that she can get a green card in January of 2008. They never lived together, I continued to live with my Dad from January of 2008 till June of 2008. No one told me about the marriage. Not my Dad or my half-brother or anyone else for that matter, I was left in the dark.



I learned much later that my Dad was angry at her because they agreed that if they married, she would pay him a monthly sum of money, she stopped paying though. From July and onwards I lived with my grandparents, I heard the news that my Dad had died in a car accident in early December 2008. When I figured out who was married to my Dad, I remember seeing her in Las Vegas when I was with my father. We visited them (the woman and her ex-husband and two of her children) several times throughout 2007 and 2008.



I'm 18 years old and at this time I'm still in high school receiving survivors benefits, currently living with my half-brother in California. I'm guessing (because the social security office won't tell me a thing) that the other two children of the woman are getting the benefits too. I could be getting much more of the benefits if my Dad wouldn't have married her.



My mother received my mail from the social security office, checks and anything else from the ss office (although I've called once before several months ago to change my mailing address). I drove to mothers apartment last night to pick up the letters and I received one that said:



'';Effective 05/2009 additional auxiliaries were entitled to benefit's on (name)'s record... When we have a limit on how much we can pay on each person's Social Security record.



If You Disagree With The Decision



Please tell us within 10 days of the date of this letter (March 3rd) if you disagree with the decision. You will also need to give us any proof that your benefits should not be reduced. If you let us know within 10 days that you disagree with the decision, we will not reduce your checks. We will continue to pay you while we review the case to see if you are right. However, if you are wrong we will ask you to pay back any money you received that was not due.



If we do not hear from you within 10 days, we will reduce your checks. We will send you another letter at that time with more information about our action.';



I'm going early morning on Monday to the social security office in Santa Clarita, by then of course it would be too late, but I'm still going to fight for my money since they failed to change my mailing address. I need proof though that they shouldn't make a reduction in my benefits. The only things I have at this time is:



A phone number of a friend of my Dad's who knew about the wedding and the green card issue,and an address where the woman lives in Las Vegas with the same ex-husband and two kids (my mother hired a private investigator).



I have absolutely no idea whats going to happen now, but I'm thinking I won't be able to stop this reduction from occurring. I don't think its illegal to marry for a green card but it would be nice to have the women deported back to her country of origin so that I can receive all of the money which is rightfully mine. Is there anyway of doing this?



If not is there anything I can do so that the social security office will stop reducing the amount of money I'm receiving monthly?Survivor's Benefits + Marriage?
You would have to show that the marriage was illegal, contact ICE the Immigration authority and find out, it is doubtful that they would pursue the matter but it would be worth a try but if they say there is nothing they can do you should discuss it with Social Security at 1-800-772-1213 and they can help you, if you appeal and lose they will debit your benefits to compensate for the lower amount.~~



U.S. Immigration and Customs Enforcement

Provides news, contact information, careers, and details about Immigration and Customs ... 3/11/2010 Baltimore, MD ICE conducts enforcement operation at 2 Maryland restaurants ...

http://www.ice.gov - Cached

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