foreign spouse ss# and survivor benefits

[earthdome]

8 hours ago, OnMyWay said:

Hi John, welcome to the forum!

I am in a similar situation I think and I wish my wife could get SS benefits, but all the research I have done tells me it is not possible.

My wife has never lived in the U.S. and one of the spousal requirements to receive benefits is that you live 5 years in the U.S.

I am going to the U.S. Embassy Outreach here in Subic on Thursday.  I will ask them if it is possible for my wife to get benefits.  If your wife is in the same situation (never lived in the U.S.) then their answer should apply to you as well.

Thursday, SS will "interview" my two children who were born here, and they will receive benefits when I turn 62 in September.  They are U.S. citizens; my wife is not.

OMW, I just went through this. The month I turned 62 and applied for SS benefits our daughter was born. Then when I applied for our daughter's benefits I was informed that my wife would also be eligible if she were the primary caregiver and earned less that $17k income per year. So our benefit for child&wife together vs just our child is about 55% higher. Adding the wife and child more than doubled the SS benefit I would have received alone. I don't know if your wife would be eligible since she is not residing in the US. Regardless, with two benefit eligible children you will likely max out the benefit.

[ddeen]

not my blog.  just thought it was helpful to the topic.

[Jollygoodfellow]

23 minutes ago, ddeen said:

not my blog.  just thought it was helpful to the topic.

Good and thank you for the info. 

[Rooster]

I'm in the process of putting together an in the event of death folder so I understand your wanting to ensure your wife is taken care of.

You will likely get your answer on this SS Link:  

https://secure.ssa.gov/poms.nsf/lnx/0302610025

Also, click on the letters/numbers in blue to link and it identifies the countries/treaty inf. It lists the Philippines criteria.

For my situation, according to SS, the only way my Philippine spouse will be eligible for my SS Death Benefits is if I die from one of my Military Service connected disease or injury.

I know an Expat who took his wife back to the states for 5 years so she would be eligible, they returned to the PI, 2 years later she died of ovarian cancer.

Here is a link for Alien SSI benefits as well. 

https://www.ssa.gov/ssi/spotlights/spot-non-citizens.htm

Treaty Countries

https://secure.ssa.gov/poms.nsf/lnx/0302610015

 

 

Edited May 16, 2018 by Rooster
add website

[OnMyWay]

8 hours ago, ddeen said:

Hi all been lurking for awhile.   I did a quick google search 

http://www.crevelingandcreveling.com/blog/what-expat-americans-foreign-spouses-need-know-about-social-security

Yes, I have seen that website before and they have some good info, but the bottom line is they always say that SS must confirm.

[OnMyWay]

6 hours ago, earthdome said:

OMW, I just went through this. The month I turned 62 and applied for SS benefits our daughter was born. Then when I applied for our daughter's benefits I was informed that my wife would also be eligible if she were the primary caregiver and earned less that $17k income per year. So our benefit for child&wife together vs just our child is about 55% higher. Adding the wife and child more than doubled the SS benefit I would have received alone. I don't know if your wife would be eligible since she is not residing in the US. Regardless, with two benefit eligible children you will likely max out the benefit.

I did look into the caregiver option before and it was not an option in our situation.  Can't find the link right now.

In my situation, adding the wife would not be a huge advantage right now, because there is a family maximum.  My two kids benefits take us within $50 of the family maximum.  Adding the wife would mean the family maximum is split 3 ways.

https://www.ssa.gov/OACT/COLA/familymax.html

However, I certainly would like to add the wife if at all possible, because she could get benefits after the kids benefits end (age 18-19) and/or after I die.

Doesn't seem likely though.  Here is the technical law on all of this. 

https://www.ssa.gov/OP_Home/cfr20/404/404-0460.htm

Hard to read but this applies:

(3) An alien entitled to benefits as a spouse, surviving spouse, divorced spouse, surviving divorced spouse, or surviving divorced mother or father must have resided in the United States for 5 or more years while in a spousal relationship with the person on whose earnings record the entitlement is based. The spousal relationship over the required period can be that of wife, husband, widow, widower, divorced wife, divorced husband, surviving divorced wife, surviving divorced husband, surviving divorced mother, surviving divorced father, or a combination of two or more of these categories.

Also, if you have a Filipina wife who has lived in the U.S. for 5 years, but is not a citizen, and moves back to PH, she would lose her benefit after 6 months.  See first paragraph in link.

I did read one positive things for wives.  If the U.S. citizen dies, it might be possible for the wife to emigrate to the U.S. and then fulfill the 5 year rule to get benefits.  Not sure where I saw that so don't quote me.  It seemed to indicate the wife might have an easier path to U.S. residency.

 

[Rooster]

29 minutes ago, OnMyWay said:

Also, if you have a Filipina wife who has lived in the U.S. for 5 years, but is not a citizen, and moves back to PH, she would lose her benefit after 6 months.  See first paragraph in link.

There are many exceptions to that first sentence.

Read the sentence after that one and read the list of exceptions in paragraph (b) and (C).

(b) When nonpayment provisions do not apply.

(c) Nonpayment of monthly benefits to aliens residing in certain countries (Cuba, North Korea)

https://www.ssa.gov/OP_Home/cfr20/404/404-0460.htm

[Ram1957]

35 minutes ago, OnMyWay said:

 

I did read one positive things for wives.  If the U.S. citizen dies, it might be possible for the wife to emigrate to the U.S. and then fulfill the 5 year rule to get benefits.  Not sure where I saw that so don't quote me.  It seemed to indicate the wife might have an easier path to U.S. residency.

 

One of our friends who's husband died recently applied for and got a visa to the states. So it is possible to do. 

https://www.uscis.gov/greencard/widower

[OnMyWay]

2 minutes ago, Rooster said:

There are many exceptions to that first sentence.

Yes, meant to mention that.  Many are military related and we have many ex-military here as our members.

[Rooster]

18 hours ago, lobojohn said:

i working on providing my pinay wife with ss benefits and or survivor rights benefits and have gotten shut down basically by the embassy with no help and no offer for any assistance.

Why not just apply for what they told you and wait for the results.

This site is for Foreign. You can apply online or download the applicable form, send it in and see what happens

https://www.ssa.gov/foreign/

Try BEST for your spouse then you here.

https://www.ssa.gov/forms/apply-for-benefits.html

 

 

 

Edited May 16, 2018 by Rooster