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PostPosted: Sat Jun 13, 2009 12:32 pm 
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A fellow expat and I were talking yesterday and he told me he was seriously considering marrying his long time novia so she could get his SS when he died. I had been told by someone else that if an expat married in another country, lived in said country, married in said country, and the wife never lived nor applied for residency in the USA, that she could not recieve esposal benefits after his death.

Does anyone know for sure what the law is on this??

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PostPosted: Sat Jun 13, 2009 1:13 pm 
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It appears that the surviving tica spouse can't receive benefits in CR if they're not a US citizen and haven't lived at least 5 years in the US, during which time the marriage was in effect (with a few specific exceptions that probably wouldn't apply to most of us). I'm less clear whether that means they can't at least receive those benefits IN THE US (if not to the survivor directly if they move to the US, then to some 3rd party who will privately forward the payments to them in CR), but imagine similar restrictions would exist there too.
Quote:
Additional residency requirements for dependents and survivors

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.

Ch*ldren 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, Ch*ldren 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

(This list of countries is subject to change from time to time. For the latest information, please visit http://www.socialsecurity.gov/international/countrylist1.htm or contact your nearest U.S. Social Security office, U.S. Embassy or consulate.)

You are a resident of one of the countries with which the U.S. has a Social Security agreement. These countries are listed below
Australia
Austria
Belgium
Canada
Chile
Finland
France
Germany
Greece
Ireland
Italy
Japan
Korea (South)
Luxembourg
Netherlands
Norway
Portugal
Spain
Sweden
Switzerland
United Kingdom

(This list of countries is subject to change from time to time. For the latest information, please visit http://www.socialsecurity.gov/international/countrylist3.htm or contact your nearest U.S. Social Security office, U.S. Embassy or consulate.)
(source: http://www.ssa.gov/pubs/10137.html#additional)


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PostPosted: Sat Jun 13, 2009 5:54 pm 
PHD From Del Rey University!
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Prolijo wrote:
It appears that the surviving tica spouse can't receive benefits in CR if they're not a US citizen and haven't lived at least 5 years in the US, during which time the marriage was in effect (with a few specific exceptions that probably wouldn't apply to most of us). I'm less clear whether that means they can't at least receive those benefits IN THE US (if not to the survivor directly if they move to the US, then to some 3rd party who will privately forward the payments to them in CR), but imagine similar restrictions would exist there too.
Quote:
Additional residency requirements for dependents and survivors

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.

Ch*ldren 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, Ch*ldren 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

(This list of countries is subject to change from time to time. For the latest information, please visit http://www.socialsecurity.gov/international/countrylist1.htm or contact your nearest U.S. Social Security office, U.S. Embassy or consulate.)

You are a resident of one of the countries with which the U.S. has a Social Security agreement. These countries are listed below
Australia
Austria
Belgium
Canada
Chile
Finland
France
Germany
Greece
Ireland
Italy
Japan
Korea (South)
Luxembourg
Netherlands
Norway
Portugal
Spain
Sweden
Switzerland
United Kingdom

(This list of countries is subject to change from time to time. For the latest information, please visit http://www.socialsecurity.gov/international/countrylist3.htm or contact your nearest U.S. Social Security office, U.S. Embassy or consulate.)
(source: http://www.ssa.gov/pubs/10137.html#additional)
This list looks like the one that sent troops to Iraq also. I guess if you fought with us you can receive benefits. Spouse from friendly countries that is.

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PostPosted: Sat Jun 13, 2009 6:00 pm 
PHD From Del Rey University!
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LionKing wrote:

This list looks like the one that sent troops to Iraq also. I guess if you fought with us you can receive benefits. Spouse from friendly countries that is.


The list is loaded with countries who did not send troops to Iraq. Also includes countries who were not only not members of the "coalition of the willing" but where also very outspoken in their opposition to the Iraq invasion.

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PostPosted: Tue Jun 30, 2009 10:50 pm 
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It is sad but if a person marries a woman from another country and they die before their foreign born spouse has had the opportunity to have their citizenship meeting with the State department they are subject to be deported. Even if they applied for citizenship and are waiting for their meeting because of State department backlogs.

So even if they live here together, unless the current class action suits changes State Department policy, she may not be able to stay if the citizenship process is not to the point of application and meeting.

Crazy!!!


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PostPosted: Tue Jun 30, 2009 11:11 pm 
PHD From Del Rey University!
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Location: Sabana Oeste , Costa Rica
OldQDog wrote:
It is sad but if a person marries a woman from another country and they die before their foreign born spouse has had the opportunity to have their citizenship meeting with the State department they are subject to be deported. Even if they applied for citizenship and are waiting for their meeting because of State department backlogs.

So even if they live here together, unless the current class action suits changes State Department policy, she may not be able to stay if the citizenship process is not to the point of application and meeting.

Crazy!!!


The present administration has put that policy on hold for at least two years while they review it.

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PostPosted: Fri Jul 03, 2009 5:11 pm 
I can do CR without a wingman!
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Great to hear - that policy betrayed a lot of good people.

OldQueDog


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