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Social Security for My Wife

George GeorgeOct 21
Local TalkFacebook95

Social Security for My Wife
After my death, can my wife, who is Filipino, receive my Social Security survivor benefits, or does she need to be a U.S. resident (green card holder)? Thank you in advance for your answers...

Reactions10 of 271 original comments
5-year residency requirementVA pension confusionMarriage duration requirement
5-year residency requirement
Bob Kasprowicz11

I just searched on Google and nothing has changed. Here it is. Most people just didn't read to the end. For a Filipino spouse to receive Social Security survivor benefits, she has to have lived in the US for 5 years. Yes, even though a Filipino wife isn't a US citizen, she can receive US Social Security survivor benefits if she meets the core eligibility requirements of the Social Security Administration (SSA) and follows the rules for living abroad. Core Eligibility Requirements • Age and status: Generally she must be 60 or older (50 or older if disabled). If she is caring for your child under 16 or disabled, she can receive benefits regardless of age. • Length of marriage: Generally you must have been married for at least 9 months before your death (exceptions apply for accidental death or military service). • Citizenship not required: SSA decides survivor benefits based on your work record and your relationship, not on her US citizenship. The 5-Year US Residency Rule When Living Outside the US Where she lives has a major impact on whether she can keep receiving payments long term: • Living in the US: If she lives in the US legally, she can receive survivor benefits without needing several years of US residency. • Living in the Philippines (or abroad): Under SSA's rules for stopping payments to foreigners, a non-citizen generally cannot keep receiving survivor benefits for more than 6 consecutive months outside the US unless she qualifies for a specific exception. • 5-year exception: To receive survivor benefits indefinitely outside the US (such as in the Philippines), a non-citizen spouse must have a record of living in the US for at least 5 cumulative years while married to you. • No totalization agreement: The US has no Social Security totalization agreement with the Philippines, so the standard foreign residency rules and exceptions apply strictly.

VA pension confusion
Joelita T King7

My Filipino friend married a retired US military veteran, they had only lived together for 3 years, and he died of lung cancer. However, the marriage was recognized in the US, so she received a survivor pension even though she had never come to the US. On top of that, their two children also receive VA (Department of Veterans Affairs) support. But she handled it with a lawyer.

Marriage duration requirement
IntelligentGoose83882

She has to live in the US for 5 years. If she becomes a US citizen, she can receive benefits when she is sick or reaches age 62.

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