American Social Security Survivors Benefits

[Tukaram (Tim)]

I am not sure if this is the right sub-forum... but I did not see anywhere else to put it....

 

I have a question for of you who have dealt with American Social Security.  I am only 50 so cannot get any benefits for at least 12 years.   But I was reading up on surviving foreign spouses.  From what I can understand it looks like she will have to live in the US for 5 years to qualify at all.  But I could not find anything about her age.  I saw on a page for regular surviving spouses it said they had to be 60.  But I was looking for anything about a foreign spouse, if I was already collecting.

 

My question is if I am over 62, and collecting Social Security, when I die will she be able to collect immediately or have to wait until she is 60? 

 

We are considering going back to the US and work for 5 years so she can get her residency requirement.  I am 50 and she is 26.  If I make it to 70 (a miracle in itself) she would only be mid 40's. That would be a long time to wait to get benefits... 

 

Just trying to plan ahead     :tiphat:

[Americano]

If you take your wife to America on a spousal visa she will be a permanent resident when she arrives in America and will be issued a Green Card.  To collect some of your Social Security she will have to live in America for 5 years before she can apply for Citizenship.

She must be a US citizen and 60 years old to collect some of your Social Security. And, she can collect her own Social Security if she works for at least 10 Quarters and pays into Social Security. The minimum age for a person to collect their SS is slowly increasing each year so I don't know what the age will be before she is eligible to start receiving her SS.

 

After your wife is a US Citizen she will no longer be a foreign spouse, she will be an American. So the same rules will apply to her.

If you have any children who are still under age when you start receiving SS then they will start receive some SS at that time too but the amount will be small, maybe 100 or 200 dollars per month.

Edited August 5, 2014 by Americano

[davewe]

If you take your wife to America on a spousal visa she will be a permanent resident when she arrives in America and will be issued a Green Card.  To collect some of your Social Security she will have to live in America for 5 years before she can apply for Citizenship.

She must be a US citizen and 60 years old to collect some of your Social Security. And, she can collect her own Social Security if she works for at least 10 Quarters and pays into Social Security. The minimum age for a person to collect their SS is slowly increasing each year so I don't know what the age will be before she is eligible to start receiving her SS.

 

After your wife is a US Citizen she will no longer be a foreign spouse, she will be an American. So the same rules will apply to her.

If you have any children who are still under age when you start receiving SS then they will start receive some SS at that time too but the amount will be small, maybe 100 or 200 dollars per month.

Actually, if she is married the 5 year residency requirement is cut down to 3 years before she can apply for citizenship. I believe it is 3 years from the date of the issuance of the Green Card, assuming still married. In fact you can apply 90 days before the 3 years are up. That's our plan. 

 

To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

• Be 18 or older
• Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
• Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of  filing the application
• Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization until the time of naturalization
• Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
• Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during  all relevant periods under the law

Fortunately, they do not require the husband to be of "good moral character" otherwise we'd be in trouble lol

Edited August 5, 2014 by davewe

[Tukaram (Tim)]

Ok... I was just wondering if I am collecting and die, then she will get cut off until she is 60.  sucks for her.   :tiphat:

[Americano]

 

If you take your wife to America on a spousal visa she will be a permanent resident when she arrives in America and will be issued a Green Card.  To collect some of your Social Security she will have to live in America for 5 years before she can apply for Citizenship.

She must be a US citizen and 60 years old to collect some of your Social Security. And, she can collect her own Social Security if she works for at least 10 Quarters and pays into Social Security. The minimum age for a person to collect their SS is slowly increasing each year so I don't know what the age will be before she is eligible to start receiving her SS.

 

After your wife is a US Citizen she will no longer be a foreign spouse, she will be an American. So the same rules will apply to her.

If you have any children who are still under age when you start receiving SS then they will start receive some SS at that time too but the amount will be small, maybe 100 or 200 dollars per month.

Actually, if she is married the 5 year residency requirement is cut down to 3 years before she can apply for citizenship. I believe it is 3 years from the date of the issuance of the Green Card, assuming still married. In fact you can apply 90 days before the 3 years are up. That's our plan. 

 

To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

• Be 18 or older
• Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
• Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of  filing the application
• Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization until the time of naturalization
• Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
• Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during  all relevant periods under the law

Fortunately, they do not require the husband to be of "good moral character" otherwise we'd be in trouble lol

 

 

• "Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization"

You are correct but you left something out. It says: "Demonstrate continuous permanent residence in the United States for at least 5 years. (In some cases, this may be 3 years if you are married to a U.S. citizen."

 

It says in some cases.  I was a US Citizen and I served in the US Army but my wife still had to wait 5 years before she could apply for citizenship. It would be good to know what qualifies someone for the 3 years. Maybe they are talking about the Illegals who sneak across the border.

 

http://www.uscis.gov/sites/default/files/USCIS/Office%20of%20Citizenship/Citizenship%20Resource%20Center%20Site/Publications/PDFs/G-1151.pdf

Edited August 6, 2014 by Americano

[davewe]

The bullets I quoted above are the qualifications. As always with governments YMMV. For example to qualify for the 3 year the marriage still has to be in good standing and that's not always the case. That and several other reasons are why they say "in some cases." Many people apply for citizenship at all points in life. We have one friend who is a 20 year resident and only now is applying. However, since Tim's stated goal was to come to the US to get his wife citizenship, I pointed out that it can be done in less than 5 years.

[Americano]

The bullets I quoted above are the qualifications. As always with governments YMMV. For example to qualify for the 3 year the marriage still has to be in good standing and that's not always the case. That and several other reasons are why they say "in some cases." Many people apply for citizenship at all points in life. We have one friend who is a 20 year resident and only now is applying. However, since Tim's stated goal was to come to the US to get his wife citizenship, I pointed out that it can be done in less than 5 years.

 

 

 

My quote:  "Demonstrate continuous permanent residence in the United States for at least 5 years. (In some cases, this may be 3 years if you are married to a U.S. citizen."  came directly from this US Government website:  http://www.uscis.gov/sites/default/files/USCIS/Office%20of%20Citizenship/Citizenship%20Resource%20Center%20Site/Publications/PDFs/G-1151.pdf

 

What is the source of your bullet comment?  If you are quoting from a non-government website then the information may not be correct.

[davewe]

 

The bullets I quoted above are the qualifications. As always with governments YMMV. For example to qualify for the 3 year the marriage still has to be in good standing and that's not always the case. That and several other reasons are why they say "in some cases." Many people apply for citizenship at all points in life. We have one friend who is a 20 year resident and only now is applying. However, since Tim's stated goal was to come to the US to get his wife citizenship, I pointed out that it can be done in less than 5 years.

 

 

 

My quote:  "Demonstrate continuous permanent residence in the United States for at least 5 years. (In some cases, this may be 3 years if you are married to a U.S. citizen."  came directly from this US Government website:  http://www.uscis.gov/sites/default/files/USCIS/Office%20of%20Citizenship/Citizenship%20Resource%20Center%20Site/Publications/PDFs/G-1151.pdf

 

What is the source of your bullet comment?  If you are quoting from a non-government website then the information may not be correct.

 

The USCIS website was my source. This is not some hidden benefit and most of the Fil-Am couples I know in my town are aware of it. By all means Google it or better yet contact the USCIS. There are caveats as shown in the bullets: married and living together, continuous residency, etc. which is why the "in some cases" qualifier is accurate. It's absolutely one of the benefits of being married to a US citizen, rather than coming here on a different type of Visa.

[Americano]

I finally found a government chart that helps determine when an immigrant is eligibly for citizenship. The number of years varies according to how many years the applicant has been out of the country.

 

http://www.uscis.gov/sites/default/files/USCIS/Resources/Citizenship%20&%20Naturalization%20Based%20Resources/A%20Guide%20to%20Naturalization/PDFs/M-480.pdf