# My non US citzen surviving spouse



## firebuff55123 (Jul 15, 2013)

I'm a US citizen retiree now living in the PH. My filipino wife is a non-US citizen, and
has never been in the USA.

We are having a great deal of difficulty in determaning whether or not she is
eligable to apply for the survivor benefits of my current Social Secuity payments
as the surviving spouse.

Nothing in the SSA literature seems to address a surviving spouse who has
never lived or worked in the USA, and is not a US citizen.

Any thoughts?

firebuff55123


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## Asian Spirit (Mar 1, 2010)

firebuff55123 said:


> I'm a US citizen retiree now living in the PH. My filipino wife is a non-US citizen, and
> has never been in the USA.
> 
> We are having a great deal of difficulty in determaning whether or not she is
> ...


Hi Firebuff,

Even if your spouse had been to the US, he/she can not collect a death benefit of any kind when you are living (collecting) while outside of the US. Also, the spouse can not be on your direct deposit bank acct if you are using one here. Additionally, no ATM card can be issued on a Social Security Acct here in the Philippines. These laws are in place to protect you. In other words, so you are not worth more dead than alive. 
Visit the site for the US Embassy in Manila and perhaps talk to the Social Security Admin there.


Gene


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## Phil_expat (Jan 3, 2011)

I did research for the same reason. For her to qualify for benefits she must be a US citizen and married for at least 10 years.


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## Asian Spirit (Mar 1, 2010)

Phil_expat said:


> I did research for the same reason. For her to qualify for benefits she must be a US citizen and married for at least 10 years.


Yep, and she (whoever the he or she is) must live inside the US for the last "five consecutive years" prior to your death to collect anything...


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## M.C.A. (Feb 24, 2013)

*Social Security*



Gene and Viol said:


> Yep, and she (whoever the he or she is) must live inside the US for the last "five consecutive years" prior to your death to collect anything...


I met my wife in WA state, Whidbey Is, she started working in the US, middle 70's and she worked right up until I retired in 2003, dang but she never managed to finish or do her US Citizenship, I didn't even realize that she was a green card holder till after we were married, we visited Vancouver, Canada and got my wake up call upon returning to the US border, I tried to help her with the citizenship while were in the US and Guam but? 

I was counting on some of her Social Security but it looks like I will just wait for mine, I understand the reasons behind this.


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## cvgtpc1 (Jul 28, 2012)

Whew....never thought of this but appears we're good by what you guys are saying here. I'm pouring over the SS website now and can't find any of this info though.

So the surviving spouse couldn't get SS survivor benefits until they returned to the US?


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## Phil_expat (Jan 3, 2011)

you could try calling the SSA : 1-800-772-1213


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## BusyBC57 (Apr 13, 2015)

So even if my filipina wife that I brought over here and has stayed for lets say 12 years and in herself has been working the whole time in the USA then moves back to the PH, and say I pass away 10 years after that, that she can't claim survivor benefits? If true that is so wrong. She is going to be devastated when I tell her this.

What if she becomes a U.S. citizen in the above situation, would she be able to claim survivor benefits? Thanks




Jet Lag said:


> Yep, and she (whoever the he or she is) must live inside the US for the last "five consecutive years" prior to your death to collect anything...


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## cvgtpc1 (Jul 28, 2012)

BusyBC57 said:


> So even if my filipina wife that I brought over here and has stayed for lets say 12 years and in herself has been working the whole time in the USA then moves back to the PH, and say I pass away 10 years after that, that she can't claim survivor benefits? If true that is so wrong. She is going to be devastated when I tell her this.
> 
> What if she becomes a U.S. citizen in the above situation, would she be able to claim survivor benefits? Thanks


Don't believe so. Counting on mine to live on her own SS since she won't get mine.

But with mail fwding services to give you a US address, direct deposit to a US account and such I don't know why anybody needs to know you live outside the country to have to follow those intl rules....my two cents but I don't know everything.


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## BusyBC57 (Apr 13, 2015)

<Snip> It's still not right to not allow a wife survivor benefits just because they live in another country, oh well.



cvgtpc1 said:


> Don't believe so. Counting on mine to live on her own SS since she won't get mine.
> 
> But with mail fwding services to give you a US address, direct deposit to a US account and such I don't know why anybody needs to know you live outside the country to have to follow those intl rules....my two cents but I don't know everything.


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## Asian Spirit (Mar 1, 2010)

BusyBC57 said:


> <Snip> It's still not right to not allow a wife survivor benefits just because they live in another country, oh well.


Social Security fraud is a serious issue. If you are dead, you're untouchable. But your wife's whereabouts can be traced with passport history. In that event, SS would be denied to her and she could face prison in the US..


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