widow benefits & soc/security
widow benefits & soc/security
what benefits and how does she qualify if you die before she is 60
I was told she would have to live in the USA for 5 yrs
is this true or just some B/S any one with first hand knowledge please reply
I was told she would have to live in the USA for 5 yrs
is this true or just some B/S any one with first hand knowledge please reply
Ron,
Have you been to the SSA website, it's all in there.
Here's the link to Widows, Widowers & Other Survivors:
http://www.socialsecurity.gov/ww&os2.htm
There's qualifying info further down the page and click on Widows, Widowers & Other Survivors
I also found this:
Q. Can noncitizens receive Social Security benefits?
A. In certain cases, yes.
To qualify for benefits, all noncitizens first must meet the same eligibility requirements as U.S. citizens. Additionally, a noncitizen or alien worker assigned a Social Security number (SSN) on or after January 1, 2004, must meet additional eligibility requirements. If you are subject to this provision, neither you nor your dependents can qualify for benefits based on your earnings unless you meet one of the following:
You were assigned an SSN based on your authorization to work in the United States at any time on or after January 1, 2004, or
You were admitted to the U.S. at any time as a nonimmigrant visitor for business (B-1) or as an alien crewman (D-1 or D-2).
Once an alien worker has met eligibility criteria, we must have evidence of the “lawful presence” of the beneficiary. That means that before we can pay out benefits for any given month, Social Security must have evidence that during that month the beneficiary was either:
A U.S. citizen;
A U.S. national; or
An alien lawfully present in the United States.
Have you been to the SSA website, it's all in there.
Here's the link to Widows, Widowers & Other Survivors:
http://www.socialsecurity.gov/ww&os2.htm
There's qualifying info further down the page and click on Widows, Widowers & Other Survivors
I also found this:
Q. Can noncitizens receive Social Security benefits?
A. In certain cases, yes.
To qualify for benefits, all noncitizens first must meet the same eligibility requirements as U.S. citizens. Additionally, a noncitizen or alien worker assigned a Social Security number (SSN) on or after January 1, 2004, must meet additional eligibility requirements. If you are subject to this provision, neither you nor your dependents can qualify for benefits based on your earnings unless you meet one of the following:
You were assigned an SSN based on your authorization to work in the United States at any time on or after January 1, 2004, or
You were admitted to the U.S. at any time as a nonimmigrant visitor for business (B-1) or as an alien crewman (D-1 or D-2).
Once an alien worker has met eligibility criteria, we must have evidence of the “lawful presence” of the beneficiary. That means that before we can pay out benefits for any given month, Social Security must have evidence that during that month the beneficiary was either:
A U.S. citizen;
A U.S. national; or
An alien lawfully present in the United States.
let me be more explicit my T/W is much younger than I so I am assuming I will be dead when she reaches 60 yrs old what I want to find out is will she be able to collect widows survivors benefits under my S/S whith out ever living in the USA some how the web site does not cover that question
we are legally married and the marriage is reconized by the USA and none of my former wives will collect on my Soc/Sec so I want to try and make sure my current wife is eligible to collect it when she reaches the age of 60
we are legally married and the marriage is reconized by the USA and none of my former wives will collect on my Soc/Sec so I want to try and make sure my current wife is eligible to collect it when she reaches the age of 60
I believe you are correct in your original post. I believe the law was changed in 1986. Non US citizen widows are eligible for survivor benefits if they have resided in the US for 5 years. I believe the widow is eligible for some benefits if she is taking care of minor survivor children.
You could email the SSA office in the Philippines, they are usually prompt with their reply.
Also you could ask ACS in Bangkok.
You could email the SSA office in the Philippines, they are usually prompt with their reply.
Also you could ask ACS in Bangkok.
ok let assume that she can not collect at 60 now can she collect at 62 my half of Soc/sec
which a wife can collect if her soc/sec is low or she did not pay in at all I don't mean to be a pain in the azz but any info would be very helpful because looking in gov/website they just give you a lot of B/S which most of us know LOL
which a wife can collect if her soc/sec is low or she did not pay in at all I don't mean to be a pain in the azz but any info would be very helpful because looking in gov/website they just give you a lot of B/S which most of us know LOL
The above is not BS, I found it on the SSA website. Anyway, A little more research (5min) and I found this (which is what Mackayae referred to in his post), also from the SSA website. By the way, I don't think you're being a pain in the azz, I found out some things I didn't know and now I'm just a little bit smarterpapaguido wrote:Ron,
Have you been to the SSA website, it's all in there.
Here's the link to Widows, Widowers & Other Survivors:
http://www.socialsecurity.gov/ww&os2.htm
There's qualifying info further down the page and click on Widows, Widowers & Other Survivors
I also found this:
Q. Can noncitizens receive Social Security benefits?
A. In certain cases, yes.
To qualify for benefits, all noncitizens first must meet the same eligibility requirements as U.S. citizens. Additionally, a noncitizen or alien worker assigned a Social Security number (SSN) on or after January 1, 2004, must meet additional eligibility requirements. If you are subject to this provision, neither you nor your dependents can qualify for benefits based on your earnings unless you meet one of the following:
You were assigned an SSN based on your authorization to work in the United States at any time on or after January 1, 2004, or
You were admitted to the U.S. at any time as a nonimmigrant visitor for business (B-1) or as an alien crewman (D-1 or D-2).
Once an alien worker has met eligibility criteria, we must have evidence of the “lawful presence” of the beneficiary. That means that before we can pay out benefits for any given month, Social Security must have evidence that during that month the beneficiary was either:
A U.S. citizen;
A U.S. national; or
An alien lawfully present in the United States.
![Smile :)](./images/smilies/icon_smile.gif)
If you receive benefits as a dependent or survivor of the worker, special requirements may affect your right to receive Social Security payments while you are outside the U.S. If you are not a U.S. citizen, you must have lived in the U.S. for at least five years. During that five years, the family relationship on which benefits are based must have existed.
Children may meet this residency requirement on their own or may be considered to meet the residency requirement if it is met by the worker and other parent (if any). However, children adopted outside the U.S. will not be paid outside the U.S., even if the residency requirement is met.
The residency requirement will not apply to you if you meet any of the following conditions:
* You were initially eligible for monthly benefits before January 1, 1985; or
* You are entitled on the record of a worker who died while in the U.S. military service or as a result of a service-connected disease or injury; or
* You are a citizen of one of the countries listed below; or
* Austria
* Belgium
* Canada
* Chile
* Finland
* France
* Germany
* Greece
* Ireland
* Israel
* Italy
* Japan
* Korea (South)
* Luxembourg
* Netherlands
* Norway
* Portugal
* Spain
* Sweden
* Switzerland
* United Kingdom
If still not satisfied, you can call or email this guy...
Mr. Darrin K. Morgan, Chief, SSAD
ssad.varo.manila@ssa.gov
Social Security Administration Division
U.S. Department of Veterans Affairs
United States Embassy
1131 Roxas Blvd., Ermita
0930 Manila, Philippines
Phone: (632) 301-2000 ext. 6302/2621
Fax: (632) 522-1514
Website: www.ssa.gov
Did some more digging Ron. I found the following on the US Embassy, Philippines website:
http://philippines.usembassy.gov/wwwh30 ... fysurvivor
Residency Requirement and Alien Tax
Effective January 1, 1985, all alien dependents or survivors of workers living outside the U.S. are required to satisfy 5-year U.S. residency to be paid benefits.
The U.S. residency requirement does not apply to the following beneficiaries:
1. Beneficiary eligible to benefits prior to January 1, 1985.
2. Citizens of treaty countries, e.g. Germany , Greece , Ireland , Israel , Italy , Japan , and Netherlands (survivors only).
3. Beneficiaries filing on the record of a worker who died while in the U.S. military service, or as a result of a service-connected disease or injury.
4. Residents or citizens of countries with which the United States has a Totalization Agreement, e.g. Australia, Austria, Belgium, Canada, Chile, Finland, France, Germany, Greece, Ireland, Italy, Japan, Luxembourg, Netherlands, Norway, Portugal, Spain, South Korea, Sweden, Switzerland, and the United Kingdom.
5. Citizens or nationals of the United States .
Any beneficiary who does not fall to any of the above must meet the residency requirement. Residency implies a factual place of stay in the U.S. with the intention to establish strong social and economic attachment through employment, payment of taxes, membership in civic or religious organizations, etc. Residency could either be continuous or cumulative periods which sums up to 5 years. The residency should be satisfied during which relationship existed between the claimant and the worker.
A child who cannot meet the residency on his own can meet “deemed residency”, if both of his parents resided in the U.S. for at least 5 years. The same applies to an adopted child, if the adoption was decreed in a U.S. court and the child was living with or receiving one-half support for the year immediately preceding the month in which the adoption is decreed.
If this 5-year residency requirement or any of the exceptions is not met, Social Security monthly benefits will be suspended.
It is recommended that claimants contact our SSAD office via telephone number 301-2000 ext. 6302 or 2621 to receive more information about the possible effects of this requirement on the amount of benefits received by multiple claimants applying or who have applied under one wage earner’s Social Security record.
http://philippines.usembassy.gov/wwwh30 ... fysurvivor
Residency Requirement and Alien Tax
Effective January 1, 1985, all alien dependents or survivors of workers living outside the U.S. are required to satisfy 5-year U.S. residency to be paid benefits.
The U.S. residency requirement does not apply to the following beneficiaries:
1. Beneficiary eligible to benefits prior to January 1, 1985.
2. Citizens of treaty countries, e.g. Germany , Greece , Ireland , Israel , Italy , Japan , and Netherlands (survivors only).
3. Beneficiaries filing on the record of a worker who died while in the U.S. military service, or as a result of a service-connected disease or injury.
4. Residents or citizens of countries with which the United States has a Totalization Agreement, e.g. Australia, Austria, Belgium, Canada, Chile, Finland, France, Germany, Greece, Ireland, Italy, Japan, Luxembourg, Netherlands, Norway, Portugal, Spain, South Korea, Sweden, Switzerland, and the United Kingdom.
5. Citizens or nationals of the United States .
Any beneficiary who does not fall to any of the above must meet the residency requirement. Residency implies a factual place of stay in the U.S. with the intention to establish strong social and economic attachment through employment, payment of taxes, membership in civic or religious organizations, etc. Residency could either be continuous or cumulative periods which sums up to 5 years. The residency should be satisfied during which relationship existed between the claimant and the worker.
A child who cannot meet the residency on his own can meet “deemed residency”, if both of his parents resided in the U.S. for at least 5 years. The same applies to an adopted child, if the adoption was decreed in a U.S. court and the child was living with or receiving one-half support for the year immediately preceding the month in which the adoption is decreed.
If this 5-year residency requirement or any of the exceptions is not met, Social Security monthly benefits will be suspended.
It is recommended that claimants contact our SSAD office via telephone number 301-2000 ext. 6302 or 2621 to receive more information about the possible effects of this requirement on the amount of benefits received by multiple claimants applying or who have applied under one wage earner’s Social Security record.
aznyron, are you a Vet. If so she will more then likely qaulify for some benefits.
From what I heard the monies to adopted chidren was changed recently.
As to the SS benifits to the spouse with all widows here I have never heard of a case wherein the widow could collect unless they had resided in the states adn I'm tol;d that is leh gally for a period of five years or more.
As always best to go to the source:
From what I heard the monies to adopted chidren was changed recently.
As to the SS benifits to the spouse with all widows here I have never heard of a case wherein the widow could collect unless they had resided in the states adn I'm tol;d that is leh gally for a period of five years or more.
As always best to go to the source:
well with the usd weak and now this unpleasent news and all the other small problems that arise from living in thailand now leaves me no choice time to get the ball rolling to get my wife a visa for the USA and leave thailand.
I know I will never return once I am back in the USA to old for starting over did that to many times in my life I want to thank you all for going out of your way to find that information for me
I know I will never return once I am back in the USA to old for starting over did that to many times in my life I want to thank you all for going out of your way to find that information for me
Hey Ron, before you start packing email this guy and see what he has to say.
Social Security Administration Division
U.S. Department of Veterans Affairs
United States Embassy
1131 Roxas Blvd., Ermita
0930 Manila, Philippines
Phone: (632) 301-2000 ext. 6302/2621
Fax: (632) 522-1514
Mr. Darrin K. Morgan, Chief, SSAD
ssad.varo.manila@ssa.gov
Social Security Administration Division
U.S. Department of Veterans Affairs
United States Embassy
1131 Roxas Blvd., Ermita
0930 Manila, Philippines
Phone: (632) 301-2000 ext. 6302/2621
Fax: (632) 522-1514
Mr. Darrin K. Morgan, Chief, SSAD
ssad.varo.manila@ssa.gov
Let us know the results. There are plenty of us in Udon who are in the same boat as you.
From what I remember the change in 1985 came about due to cost cutting. At that time there was a significant amount of SSA checks being sent overseas. US expat workers did not have a lobby, so it was easy pickings for Congrees to change the law. The original law did not discriminate on the nationality or residency of the surviving beneficiaries.
From what I remember the change in 1985 came about due to cost cutting. At that time there was a significant amount of SSA checks being sent overseas. US expat workers did not have a lobby, so it was easy pickings for Congrees to change the law. The original law did not discriminate on the nationality or residency of the surviving beneficiaries.
There is a shorter term alternative to the 5 year residency requirement for a Thai spouse to get survivor benefits.
That is for your wife to become a US citizen. She can become a US citizen after only 3 years as a resident alien (green card). During that 3 years she must spend more than 1/2 of the time actually residing in the US, and can not leave the US for more than 1 year at a time without receiving prior approval.
My wife and I took that route as it only meant spending a bit more than 3 years in the US. She became a US citizen 39 months after she arrived in the US. She spent about 6 months of that time in Thailand. We were back in Thailand 3 months after she became a citizen. Altogether about 42 months mostly away from Thailand.
Now she will have no problems qualifying for survivor benefits: Residency isn't required of US citizens. She'll still have to wait until she's 60 to get a benefit, but then again I may live until she's that old. If not, she has other assets.
US citizenship also opens many doors that are otherwise difficult to pass through: Travel to most parts of the world is easier with a US passport (although her Thai passport is easier in ASEAN); assistance from ACS at any US embassy; the right to live in the US; ease of maintaining bank and investment accounts in the US; ease of receiving a survivor's annuity from my former employer; and probably others I'm not thinking of at the moment.
US citizenship was worth the sacrifice of living in the US a few more years.
That is for your wife to become a US citizen. She can become a US citizen after only 3 years as a resident alien (green card). During that 3 years she must spend more than 1/2 of the time actually residing in the US, and can not leave the US for more than 1 year at a time without receiving prior approval.
My wife and I took that route as it only meant spending a bit more than 3 years in the US. She became a US citizen 39 months after she arrived in the US. She spent about 6 months of that time in Thailand. We were back in Thailand 3 months after she became a citizen. Altogether about 42 months mostly away from Thailand.
Now she will have no problems qualifying for survivor benefits: Residency isn't required of US citizens. She'll still have to wait until she's 60 to get a benefit, but then again I may live until she's that old. If not, she has other assets.
US citizenship also opens many doors that are otherwise difficult to pass through: Travel to most parts of the world is easier with a US passport (although her Thai passport is easier in ASEAN); assistance from ACS at any US embassy; the right to live in the US; ease of maintaining bank and investment accounts in the US; ease of receiving a survivor's annuity from my former employer; and probably others I'm not thinking of at the moment.
US citizenship was worth the sacrifice of living in the US a few more years.
A bit late to join in? Questions of eligibility for SS benefits can be answered quickly by using the BEST interactive tool (Benefits Eligibility Screening Tool) on the SSA website, here... http://best.ssa.gov
I answered its questions about my 42 year-old Thai wife (she's never been to the US), and it turns out that she's eligible for Survivor's Benefits if I die now because she cares for my adopted Thai kids who are younger than 16, and she has been married to me (retired, receiving SSA benefits) for more than 1 year.
Once our kids are 16+, she can get the benefits again when she turns 62.
Comments on the Answer page:
Benefits are paid to the spouse of a worker who receives Social Security Retirement or Disability benefits.
To be eligible for Social Security spouse’s benefits, you must:
* Be married for at least one year to someone who receives Social Security retirement or disability benefits;
* Be at least 62 years old or caring for a child (under age 16 or disabled) of the retired or disabled worker; and
* Not be getting a higher Social Security retirement benefit based on your own work.
I answered its questions about my 42 year-old Thai wife (she's never been to the US), and it turns out that she's eligible for Survivor's Benefits if I die now because she cares for my adopted Thai kids who are younger than 16, and she has been married to me (retired, receiving SSA benefits) for more than 1 year.
Once our kids are 16+, she can get the benefits again when she turns 62.
Comments on the Answer page:
Benefits are paid to the spouse of a worker who receives Social Security Retirement or Disability benefits.
To be eligible for Social Security spouse’s benefits, you must:
* Be married for at least one year to someone who receives Social Security retirement or disability benefits;
* Be at least 62 years old or caring for a child (under age 16 or disabled) of the retired or disabled worker; and
* Not be getting a higher Social Security retirement benefit based on your own work.
Sorry about this... I am mistaken. A re-reading of the Answer or Results page of best.ssa.gov tells me that my spouse's benefits are NOT survivor benefits... they are CURRENT benefits, or Spouse's Benefits in SSA jargon.
Wow, I had better get in touch with SSA Manila pronto! If true, she could have been receiving them for the past 2-1/2 years... If I get shot down by Manila, I'll let you all know why...
Wow, I had better get in touch with SSA Manila pronto! If true, she could have been receiving them for the past 2-1/2 years... If I get shot down by Manila, I'll let you all know why...
LA....LOL just don't wonder to far....could get lost !..anyway, the way it works is if they live here and were talking Thailand and the child is born here you must file a ...birth abroad to the US Embassy....in return the child will receive a SSN and a US Passport. Social Security will send you a application to filled in with the childs information and if so elected your wife can be your childs payee representive on the childs check each month. The check will be made out to her for the benifit of the child and the childs name will be on the check. This is not a spousal support check...its money for your child not your wife. Each year you and your child will receive a 1099 from SSA for tax purposes.
Now, if you all move and immigrate to the USA then that changes things for you and your family. Your wife would have to live there....I beleive its 5 years before she could receive any benifits from you upon your demise. Now I could be wrong about everything but, this is how it works for me and my family here in Thailand.
Now, if you all move and immigrate to the USA then that changes things for you and your family. Your wife would have to live there....I beleive its 5 years before she could receive any benifits from you upon your demise. Now I could be wrong about everything but, this is how it works for me and my family here in Thailand.
Crash and burn...
Hmmm... the requirement for an alien's residence in the US for 5 years is in the SS Handbook (their bible) in Chapter 18 as "Nonpayment provision for aliens"
Even after 5 years in the US, if an alien leaves for more than 6 months, benefits will stop.
This includes even the paltry $255 burial expense at the worker's death, if benefits weren't otherwise payable in that month.
It's been in effect since 1985. I wish they'd update their so-called Benefits Eligibility screening tool... sigh.
My hat's off to previous posters who correctly point out that some benefits may be payable to alien spouses of deceased vets under certain conditions, and the possibility of obtaining US citizenship after 3 years...
Hmmm... the requirement for an alien's residence in the US for 5 years is in the SS Handbook (their bible) in Chapter 18 as "Nonpayment provision for aliens"
Even after 5 years in the US, if an alien leaves for more than 6 months, benefits will stop.
This includes even the paltry $255 burial expense at the worker's death, if benefits weren't otherwise payable in that month.
It's been in effect since 1985. I wish they'd update their so-called Benefits Eligibility screening tool... sigh.
My hat's off to previous posters who correctly point out that some benefits may be payable to alien spouses of deceased vets under certain conditions, and the possibility of obtaining US citizenship after 3 years...