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Marcy
Marcy, B.A., M.S., J.D.
Category: General
Satisfied Customers: 16294
Experience:  Researcher, Lawyer, Home Remodel Business, Real Estate, Cook
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MY WIFE HAS WORKED OFF & ON OVER 25 YEARS. SHE IS 4

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MY WIFE HAS WORKED OFF & ON OVER 25 YEARS. SHE IS 4 QUARTERS SHORT OF SOCIAL SECURITY BENEFITS. SHE APPLIED AT THE AGE OF 62 AND SS ASKED HER FOR HER "GREEN-CARD". (SHE HAS BEEN MARRIED TO A US CITIZEN FOR 48 YEARS, ME) AND WAS TOLD SHE WOULD HAVE TO HAVE A VALID "GREEN-CARD" TO APPLY FOR SS BENEFITS. I AM A 50% DISABLED VETERAN-SERVICE CONNECTED. OUR INCOME IS NOT ENOUGH TO OBTAIN A NEW GREEN-CARD NOW. WHAT DO WE DO TO CORRECT THESE PROBLEMS?

Hello there

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Sir, you need to be very careful with this -- since the bombing of the World Trade Center, the US immigration service and every other federal agency will not give anyone any breaks on these issues -- no matter how long you have been married and she has been here in the US. My own niece married a british citizen and he let his green card expire -- they refused to let him back in the US even though he was married and living here for 10 years with a small child !! They put him back on a plane to London and he had to stay in London with family until immigration processed a renewal of his green card (which took 4 months !!!).

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Can I ask you the following questions ---

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1. How long ago did your wife get her original resident alien status from immigration?

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2. How long ago did her original resident alien card expire ?

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3. What country did she immigrate to the US from?

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4. What state are you located in ?

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MARY

Customer: replied 3 years ago.

MARCY: THANK YOU. XXXXX 46 YEARS AGO. RENEWED 3 TIMES SINCE.. WIFE FROM BAVARIA, GERMANY..WE HAVE ALWAYS RESIDED IN SARASOTA FLORIDA AT THE SAME ADDRESS..2324 BAHIA VISTA ST. 34239.

Customer: replied 3 years ago.

I RESPONDED WITH ANSWERS TO QUERY. I HAVE BEEN WAITING FOR NEARLY 1 HOURAND HAVE NOT HEARD FROM YOU.. WAS THAT SUPPOSED TO BE MY SATISFACTORY REPLY?

Hello again James --

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If you cannot afford to have an attorney handle this for you then your wife will have to make the application for the renewal of her permanent residency card herself right to the US immigration and naturalization service. Here is a link to the website of the immigration service that has detailed instructions on how to make the application AND it has a link to the actual Form I-90 that she must complete and submit to your local immigration offices (there are addresses and contact information on the website for the original application that she will file AND once she files the form, there is a telephone number where she can call and check on the status of her application). Because she has been here for many years and renewed it a few times I do not see any problems happening with the application or issuance of a new resident alien card but she should not travel outside of the US until she gets the renewal card because that could cause problems for her. Here is the website (double click and it should open right up): http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=8ae33a4107083210VgnVCM100000082ca60aRCRD

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Please let me know if you have more questions. If not, can you please press a positive rating below so I will be paid for my time. THANK YOU VERY MUCH !

Customer: replied 3 years ago.

HOW ABOUT THE SOCIAL SECURITY ISSUES? CAN DEFICIENT QUARTERS BE MADE UP BY WORKING MORE?

James -

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In addition, here is a great Q&A letter from immigration to answer your questions on the process -- she can actually obtain a temporary card from immigration while she is waiting for the new card (she has to bring either her passport OR three pictures to her appointment with immigration when it is scheduled after submitting the I-90 form and they can give her a temporary card). Here is a link to the Q&A paper - http://www.vkblaw.com/law/gcanswers.htm

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Regarding social security -- if she is deficient in quarters she CAN work additional quarters and so long as the employer pays into social security and she has enough time then she can qualify for social security that way. When she talks to social security again she should ask them exactly how many additional quarters of work that she needs and how many years that is (I cannot tell you that because it is based upon her own individual work record and social security records in their computers as reported by her employers over the years -- only social security can tell her how much more time she must work to meet their minimum requirements). If she is disabled then she should also ask the social security office about applying for the social security disability programs to see if she might qualify for any of them.

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MARY

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