Social Security Benefits for Widowed Spouse

[Tomas]

I have been helping a deceased friends wife with her attempt to file and obtain her deceased husbands SS benefit. They had been married and living here for over 30 years. It appears to me that the SSA requires her to travel to the US to apply and be interviewed in order to start receiving benefits. They also state that she has to come to the US every year for 30 days to continue to receive the benefits. I would be interested in any factual input towards this dilemma. TIA...

[lcscats]

Something is not right here. Get legal help. Lots of folks get SS outside US and yes they have to do a letter once a year but not come back to US.

[REC]

If the surviving spouse is a foreign national (not a U.S. citizen) this is true, We have a friend who is a Mexican citizen who had been married to an American man for more than 30 years. She had to jump through all kinds of hoops including the trip to the U.S. for an initial interview and then 30 consecutive days in the U.S. each year. Actually now that I think about it I remember taking her into the U.S. Consulate for at least one interview.

There were some very specific requirements on the 30 days. Don't remember all the details but I think the 30 days for the first year had to start on the first of the month - not the 5th or the 7th. She went for the 30 days but it didn't "count". She had to go again to get the process started. And then she had to do the 30 days at exactly the same time each year.

Again don't remember all the details but there are very specific and somewhat strange (IMO) requirements. Took more than 6 months and 3 trips to the U.S. to get it started - and then the annual 30 consecutive days.

If the surviving spouse is a U.S. citizen I don't think all this applies - and almost certainly not the 30 days per year requirement. Might still have to do an initial interview in person - not sure about that. The U.S. Consulate should be able to provide some information.

[AutumnDreams]

If the wife of the deceased is not a US citizen, the rules are different for her. If she is a US citizen all she needs to do is call the Consulate in Guad and they wil handle the situation. It can take up to 90 days for the benefit to begin and SSA will pay the back benefit due.

[lakeside7]

I guess a visit to the Consulate in Guad will clarify all the comments on this post and confirm the reality of what you have to do

[AlanMexicali]

If the wife is not a US citizen to recieve 50% survivors benefits she has to have a US Permanent Resident visa and live in the US 6 months per 12 month period as far as my research several years ago. If she doesn´t do this then she is out of luck.

"Documents You may need to provide

We may ask you to provide documents to show that you are eligible, such as:

•Proof of the worker's death;

•Birth certificate or other proof of birth;

•Proof of U.S. citizenship or lawful alien status if you were not born in the United States [More Info];

•U.S. military discharge paper(s) if you had military service before 1968;

•For disability benefits, the two forms (SSA-3368 and SSA-827) that describe your medical condition and authorize disclosure of information to us;

•W-2 forms(s) and/or self-employment tax returns for last year;

•Final divorce decree, if applying as a surviving divorced spouse; and

•Marriage certificate"

http://www.socialsecurity.gov/forms/ssa-10.html

http://www.socialsecurity.gov/hlp/isba/10/hlp-isba005-ctzn.htm

"If you are not a U.S. citizen, we need to see your Department of Homeland Security (DHS) documents, including form I-551 (Permanent Resident Card, commonly known as a "Green Card") to verify your 9-digit Alien Registration Number (A-Number). If you have a DHS form I-94, Admission-Departure Record, we need to see that document to verify your 11-digit Admission Number."

[afgh]

for information about Social Security dial 01 800 772 6394 on a Mexican land line.

[tycobb1020]

I suggest you get your answers from the source . . . if you have not already done so, go to the Social Security website at http://www.ssa.gov. There is a wealth of information there.

[Al Berca]

The U.S. Consulate in Guadalajara has a full service Social Security office which can answer all of your questions CORRECTLY.

[Jim Bowie]

I lived next door here to a Mexican lady whose American husband died. She has never been to the US and receives a check(deposit) for SS benefits every month, and has for several years. The difference for her is that since she does not go to the US, they hold out about 30% for income taxes. She could file a return and have some returned, but does not.

[rogerm]

Let me see if I understand this, if you are a Mexican married to a US citizen but have never worked or been in the United States and your husband dies, you are entitled to his Social Security Benefits? So if a rich old American comes to Mexico and marries a young 25 year old Mexican girl and he dies she gets his social security?????

[gringal]

Let me see if I understand this, if you are a Mexican married to a US citizen but have never worked or been in the United States and your husband dies, you are entitled to his Social Security Benefits? So if a rich old American comes to Mexico and marries a young 25 year old Mexican girl and he dies she gets his social security?????

Before getting into a twist, visit Senor Google; enter "Social Security widows benefits" and read the requirements. You may be surprised.

That sweet young thing isn't getting a windfall.

[Joco]

Let me see if I understand this, if you are a Mexican married to a US citizen but have never worked or been in the United States and your husband dies, you are entitled to his Social Security Benefits? So if a rich old American comes to Mexico and marries a young 25 year old Mexican girl and he dies she gets his social security?????

She can apply for SS when she reaches 60 like any other recipient. If they had children then the children can receive benefits.

[mexicomoose]

I had a total stoppage of benefits way back in February. I called the general Soc Sec Admin help line at least half a dozen times, and sent in the form they said I need to TWICE, once certified so that I KNOW that they received it. Still no restart. I called the Soc Sec office in the US Consulate in Guad, in less than 10 minutes on the phone, they had my benefits restored, and they restarted at the first of the next month. So my advice is to call the Soc Sec office in the US Consulate in Guad anytime you have a problem.

[bmh]

Interesting I am not a citizen and I had a green card when I applied, the consulate told me to make sure to clain my husband´s SS in case of his death. I receive my own so I asked why and they said that I could get a higher payment if I claimed his SS rather than mine . Apparently after the death of a spouse you can clain his or her security instead of your own...Did not matter because my payments were higher. Has

anyone else heard about that rule? Apparently I had to go ahead and claim it right away.

[gringal]

The system for either spousal benefits or widows benefits works the same way: you get the benefits based on your own wage record, plus additional amounts if spousal or widow benefits are higher. You don't get both.

[AlanMexicali]

Let me see if I understand this, if you are a Mexican married to a US citizen but have never worked or been in the United States and your husband dies, you are entitled to his Social Security Benefits? So if a rich old American comes to Mexico and marries a young 25 year old Mexican girl and he dies she gets his social security?????

That is not the case. The widow gets nothing unless they have a Permanent Resident visa/card and live 6 months in a 12 month period in the US to collect 50% SSI benefits from their deceased spouse´s SSI.

[Joco]

That is not the case. The widow gets nothing unless they have a Permanent Resident visa/card and live 6 months in a 12 month period in the US to collect 50% SSI benefits from their deceased spouse´s SSI.

I think you are citing the requirements and amount for a divorced spouse, not a widow or widower. Divorced people who were married 10 years or more qualify for 50% of the higher earning spouse's SS. A widow can receive100% of the deceased spouse's SS.

What you wrote before:

•W-2 forms(s) and/or self-employment tax returns for last year;

•Final divorce decree, if applying as a surviving divorced spouse; and

•Marriage certificate"

It looks like there was a new rule in 2009 that requires survivors in certain countries to live in the U.S. for 5 years legally or illegally but continuously. Mexico is one of the countries.

http://www.dannamckitrick.com/articles/2012/04/social-security-survivor-benefits-noncitizens/

[AlanMexicali]

I think you are citing the requirements and amount for a divorced spouse, not a widow or widower. Divorced people who were married 10 years or more qualify for 50% of the higher earning spouse's SS. A widow can receive100% of the deceased spouse's SS.

What you wrote before:

•W-2 forms(s) and/or self-employment tax returns for last year;

•Final divorce decree, if applying as a surviving divorced spouse; and

•Marriage certificate"

True. I just looked it up and if you retire at 66 you can get 100% if still married. The spouse still has to be a legal resident of the US to recieve anything. Canada does not require a spouse to be a legal resident to recieve a spouse´s survivors benefits.

[bmh]

Canada has it right a spouse is a spouse no matter where people live.

[cbviajero]

Canada has it right a spouse is a spouse no matter where people live.

Yes they do.

My wife will not be eligble to recieve SS benefits because she hasn't resided in the US and isn't a resident.I paid into the system all my working life and you would think that my spouse regardless of her nationality should be eligble to recieve benefits,but that's not the case...

[bmh]

I am lucky I worked for 30 years otherwise I would be in the same situation as your wife. There is

something totally wrong with that law but with all the anti-immigrant crazies I do not think it will

change soon.

[Joco]

Before 2009 Mexican widows of U.S. citizens could collect full SS survivor's benefits but they did need to travel to the U.S. every 6 months and stay 30 days. I know some who did this. I guess there are so many Mexican and Latin America survivors that they changed it to the survivor must live in the U.S. for 5 years to collect. If a survivor of a U.S. citizen lives in Europe, he or she does not need to meet that requirement.

Obviously it is to prevent U.S. citizens who are living South of the border from marrying and the Hispanic survivors collecting SS benefits. Move to Europe before you die so your spouse can collect SS without living in the U.S. for 5 years.

[bmh]

It is very unfair to the widows what difference does it make who they ae, they married a US citizen and they are treated differently from the rest of the widows. What happens

when the women have childrens, the kids get penalized as well , no?

I can see having to have been married so many years before you can collect but really why penalize women because of their nationality?

[Joco]

I agree but hate toward Hispanics is running rampant in the U.S., so I am sure that is the reason for the rule change. They think old men move South, marry young Hispanic women, the men soon die and the widow collects SS after being married a short time.

I guess they think making it a rule they must live in the U.S. for 5 years cuts down on the fraud.

I know couples married for decades who never lived together in the U.S. so that is very unfair. Maybe a time limit on how long they must be married would be fairer. The couples in Europe should have to live in the U.S. also.