foreign spouse ss# and survivor benefits

[Dave Hounddriver]

2 hours ago, OnMyWay said:

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.

 

2 hours 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.

Very interesting points.  One wonders how the widow would support herself in the USA for those 5 years.  I agree she has a limited period of time to move to the US on death of spouse but I do not know what rights that gives her with regards to working or collecting welfare benefits to survive.

There are lots of guys who take their wives to the states for the 5 years and some who spend some months of the year in US and some months in Philippines until her 5 year requirement is fulfilled.

The following is how it works in Canada.  Canada is NOT the US but you may want to search for any similarities that help you:

 . . . You must be physically present in Canada for at least 730 days (2 years) in every 5-year period.  AND If you are outside Canada for extended periods of time, you can accumulate residency days if you are: Travelling with a Canadian spouse or common-law partner . . .

So there are definitely loopholes or my friends from the US would not be able to spend half their time in Philippines and half in the US.  (Admittedly not cheap)

[OnMyWay]

5 hours ago, Dave Hounddriver said:

One wonders how the widow would support herself in the USA for those 5 years.  I agree she has a limited period of time to move to the US on death of spouse but I do not know what rights that gives her with regards to working or collecting welfare benefits to survive.

Well, in my case, if I were to die sooner than later, her two U.S. citizen kids get a decent death benefit from me (death benefit is higher than current benefit) and I'm guessing that she might be able to get the caregiver benefit Earthdome mentioned if living in the U.S.  And I think she would get a green card and could work in accounting, as she is a CPA here.  And she would have most of my nest egg too.  Probably could not be done without the support of family and friends in the U.S., but probably doable if she chose that path.

I kind of doubt that she would at this time.  She knows how expensive it is and most of my family is in very expensive California.  When the kids finish school they will also have the option of moving to the U.S., and if they can make a decent living, they could bring their mom over.

[lobojohn]

thanks roost.. i always do

[Jollygoodfellow]

41 minutes ago, lobojohn said:

thanks roost.. i always do

Please quote what you are replying too. Makes it easier to read a topic 

[OnMyWay]

On 5/16/2018 at 1:01 AM, lobojohn said:

hi OMW

ill be waiting to hear about your experience with them. im sure it wil also apply to us. its a very frustrating situation. at least your kids will benefit in some way from being citizens.

thanks for your reply

john

We met with SS an hour ago.  All went well, lodging applications for me and my 2 kids.

The SS woman brought this up before I did.  My wife could file a claim but it would just be pending until she has 5 years U.S. residency or becomes a U.S. citizen.

A buddy of mine has a Filipina wife who will be getting citizenship without 5 year residency, but that is because he is connected to the military.  She already has her green card even though she has not lived in the U.S.

And the lady went over what I already knew.  Even if my wife could claim, there is a family maximum and it would be split 3 ways between them.  As mentioned earlier, my 2 kids will put us just under the family maximum.  They will lose their benefits at age 18 so who knows, maybe my wife will quality by then.

[lobojohn]

ok boss.. im dropping the issue.. i dont wish to be wading in red tape over the matter..

thanks for taking the time to give the info.