mexican wife and SS

mexican wife and SS

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I am an american citizen married to a mexican woman, I have never claimed my marriage on my taxes or informed social security of my marriage, I am retired and receiving SS. If I were to die would my wife be able to claim my social security, if so what do I have to do, any help would be appriciated.

surebought

Jan 12, 2012, 1:26 PM

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Re: [prmjcm] mexican wife and SS

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I used to know a Mexican Women(She is dead now). She would brag that she was collecting three Social Securities from three deceased Gringo husbands. One guy down here claims that the first wife gets the Soc Sec. One guy thinks he has it covered with automatic Soc Sec payments into his bank account. His wife has his password. What happens when the card expires? I hope someone else knows more about this than I do.

esperanza

Jan 12, 2012, 1:47 PM

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Re: [prmjcm] mexican wife and SS

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Your best bet is to contact the Social Security Administration. The website is http://www.ssa.gov. If you don't find the information you need on their website, you can always give them a call. 1-800-772-1213

http://www.mexicocooks.typepad.com

mazbook1

Jan 12, 2012, 2:47 PM

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Re: [prmjcm] mexican wife and SS

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esperanza is correct, that is the best way to get absolutely correct information. But here is a little overview:

IF your Mexican wife is a dual-citizen of the U.S. and México, she can collect survivor's SS no matter where she lives.

IF your Mexican wife is a legal resident (green card) of the U.S. AND she lives in the U.S., she can collect survivor's SS.

IF your Mexican wife is not a U.S. citizen and lives in México (or anywhere else outside the U.S. and its possessions), she cannot collect any survivor's SS at all.

There may be other picky details, but that is the general idea. You would have to contact SS directly to see if there is any way to approve her before you pass away, but I "think" that it is the survivor's responsibility to apply and furnish proof of marriage, residency, etc. after the fact.

Hope this helps.

(This post was edited by mazbook1 on Jan 12, 2012, 2:52 PM)

Jan 12, 2012, 2:56 PM

Post #5 of 22 (3710 views)

Re: [surebought] mexican wife and SS

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Signing every year for the dead husband is called fraud. Why commit fraud when you do not have too. How stupid can your acquaintance be?
It is best to talk to the SS office at the consulate or in the States find out wht the procedure is and follow it.

I am a foreigner and I could if I wanted to collect my husband Social Security upon his death. I do not want to go into details since I am not Mexican but I would be able to collect my husband´s social security.

GringoCArlos

Jan 12, 2012, 4:35 PM

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Re: [prmjcm] mexican wife and SS

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If you and your wife live outside the US, and she does not have US citizenship or a green card, she will get 6 months of survivors benefits at a rate of 71.5% up to 100% of your benefit, and then payment of the benefits will be suspended.

Here is the citation from this SSA website:
http://www.socialsecurity.gov/...act/title02/0202.htm

Quote:

Suspension of Benefits of Aliens Who Are Outside the United States; Residency Requirements for Dependents and Survivors

(t)(1) Notwithstanding any other provision of this title, no monthly benefits shall be paid under this section or under section 223 to any individual who is not a citizen or national of the United States for any month which is—

(A) after the sixth consecutive calendar month during all of which the Commissioner of Social Security finds, on the basis of information furnished to the Commissioner by the Attorney General or information which otherwise comes to the Commissioner’s attention, that such individual is outside the United States, and

(B) prior to the first month thereafter for all of which such individual has been in the United States.

For purposes of the preceding sentence, after an individual has been outside the United States for any period of thirty consecutive days he shall be treated as remaining outside the United States until he has been in the United States for a period of thirty consecutive days.

End quote.

Here are the benefit amounts:
These are examples of benefit payments:
Widow or widower, full retirement age or older--100 percent of your benefit amount;
Widow or widower, age 60 to full retirement age -- 71.5 to 99 percent of your basic amount;
Disabled widow or widower, age 50 through 59 -- 71.5 percent;
Widow or widower, any age, caring for a child under age 16 -- 75 percent.
A child under age 18 (19 if still in elementary or secondary school) or disabled -- 75 percent.

One note: it does say "suspension", so I will go out on a limb and guess that if your foreign spouse were to later get US residency and live in the US, the survivors benefits would resume. Please correct me if I am wrong here.

(This post was edited by Rolly on Jan 12, 2012, 4:44 PM)

Marlene

Jan 12, 2012, 5:45 PM

Post #7 of 22 (3642 views)

Re: [surebought] mexican wife and SS

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When a foreigner passes away in Mexico, the nearest Consular location becomes involved as part of the procedure which follows. The Consular agent, in turn, passes official record of death information to home country.

surebought

Jan 12, 2012, 7:13 PM

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Re: [Marlene] mexican wife and SS

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Do me a little favor and ask your wife what happens with Soc Sec and her survival benefits. She has probably got it all figured out from the get go. These women are far superior in many ways. I am sure you won't blame her for looking out for herself.

Papirex

Jan 13, 2012, 8:56 AM

Post #9 of 22 (3542 views)

Re: [prmjcm] mexican wife and SS

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This whole string is a little confusing to me. I do receive a Social Security benefit every month. The research I did several decades ago to find out if my late Mexican wife would continue to receive my benefits upon my death was that she would continue to receive the full benefit.

I did use a US residence address so her “green card” did not expire. “Residence address” is a legal term, not subject to anyone's private interpretation. Since her untimely death at age 55 it is now academic.

My suegra has been receiving Social Security benefits on her late American husbands account for about 20 years. She is a Mexican citizen, and a full time resident of Mexico. She first applied for SS benefits in Tacoma, Washington. Her American son, born when she lived legally in Texas with her American husband took her to a SS office up there to apply for the benefits. She has her benefits deposited into a Washington state credit union, she did use her Mexican address though.

I think it would be best to contact the SS administration directly, if a Consulate does not have a SS office in it, it might require a trip to The US to go directly to one of their offices to get the latest, accurate information.

Rex
"The supreme happiness of life is the conviction that we are loved" - Victor Hugo

Jan 13, 2012, 1:35 PM

Post #10 of 22 (3502 views)

Re: [prmjcm] mexican wife and SS

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I have a Mexican friend whose American husband died a couple of years ago. She must go to the U.S. every 6 months and stay for one month to collect widow's benefits. She lives in Mexico and can only receive 70% of his benefit. If she lived full time in the U.S. she would receive 100%.

Many Mexican SS widows stay in a hotel in San Antonio that is run by Catholic nuns. Only one nun speaks English and all the rest all speak Spanish. It is a female only hotel for about $400 a month.

Jan 13, 2012, 2:24 PM

Post #11 of 22 (3494 views)

Re: [Axixic] mexican wife and SS

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Why do the women have to go and stay for a month in the US in order to collect?

mazbook1

Jan 13, 2012, 4:23 PM

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Re: [Vichil] mexican wife and SS

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Axixic,

They have to show residence in the U.S. to reestablish their benefits for the next 6 months per the SS citation posted by GringoCArlos.

Also, the U.S. Consulate General in Guadalajara has a Social Security office that can handle any necessary Social Security questions or transactions just like the ones in the U.S. I had a friend who went there to apply for his SS when he became 65, and he said it was painless and easy. Also much closer than making a trip to some U.S. SS office.

The U.S. Embassy in Mexico City surely has an SS office also, I would think.

Papirex

Jan 13, 2012, 5:20 PM

Post #13 of 22 (3467 views)

Re: [mazbook1] mexican wife and SS

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Another thing I forgot to mention, is that a person may apply for the SS benefit at age 62, or 65. If a person elects to retire at age 62, the amount received will be less than a full pension, and it can never be raised. It would have been about $300 Dollars less per month for me. I elected to wait until I was 65 years old before I applied, in order to get my full benefit. If a person elects early SS retirement, they will gain for about 14 years, then they will slowly lose money every month. I am now slowly gaining every month.

My suegra, or her son, did not understand that, and she thought at first, that she could apply again in 3 years for the full benefit. That could not be done. She does receive over $800 US Dollars per month, plus her Mexican pension of a little over $4,000 Pesos per month. She does own her own home in Mexico City outright, plus she now lives with me and I fully support her.

My own income is fairly high for a retiree. Between my 3 union pensions and Social Security benefit, my yearly income is about $69,957 US Dollars, or $953,600 Pesos per year. Not big money anymore, but not little either. I can live anywhere I want to. (no, I don't want to live in Palm Springs, or in an expensive retirement community in Florida.)

I still advise anyone to visit an official Social Security office to get good advice. A person in a Consulate that “specializes” in Social Security matters is not as likely to be fully informed about all of the nuances of Social Security laws and regulations, it can be very complex. Do not depend on any advice, including mine, that you get from any weboard.

Rex
"The supreme happiness of life is the conviction that we are loved" - Victor Hugo

Jan 13, 2012, 7:39 PM

Post #14 of 22 (3440 views)

Re: [mazbook1] mexican wife and SS

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I do not get the re establishing residence part. Does that mean they have green cards but need to be a certain amount of time to be in the States to be considered a resident?
Do the women go in as tourists? Are they on a 10 year visa?
All of that is assuming that someone who has never been there could bet a visa easily as well...
If the OP´s wife never was in the States , never lived there she obviously does not have a green card so that solution would not apply to her . Right?
I was told that getting a green card can take 5 years..and then you have to establish residence there. what a pain.

Boy I am lucky I have my own SS income and do not have to rely on a green card or on my husband´s That must be a really crazy situations for some of the spouses. Pretty unfair.

(This post was edited by Vichil on Jan 13, 2012, 7:47 PM)

Jan 14, 2012, 6:50 AM

Post #15 of 22 (3396 views)

Re: [Vichil] mexican wife and SS

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This is about a surviving Mexican widow wanting to collect the deceased American spouse's SS benefit. This started with the OP asking about Mexican widows of American men collecting SS survivors benefits, not American males wanting to collect survivors benefits, so that is why it is about women.

"mexican wife and SS"

Jan 14, 2012, 6:58 AM

Post #16 of 22 (3392 views)

Re: [Axixic] mexican wife and SS

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Who is talking about males? I am a non US Citizen woman living off my social security in Mexico soon to become a Mexican citizen. The office of SS in Guadalajara told me I could claim my husband´s social security check if he passes away if it is higher than mine but did not talk to me about green card or any visa necessary or any trips to the US.
Do you mind if I have questions?

Jan 14, 2012, 7:18 AM

Post #17 of 22 (3388 views)

Re: [Vichil] mexican wife and SS

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All the information you want or never wanted to know about survivors' SS benefits:

http://fpc.state.gov/documents/organization/46681.pdf

This link is easier to read:

http://www.ehow.com/about_7410755_social-security-benefits-non_citizen-widow.html

http://ssa.gov/pubs/10137.html

"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 United States. If you are not a U.S. citizen, you must have lived in the United States for at least five years. During those 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 as meeting the residency requirement if the worker and other parent (if any) meet it. However, children adopted outside the United States will not be paid outside the United States, 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 in Country List 1; or

You are a resident of one of the countries with which the United States has a social security agreement in Country List 3."

Go to the site to access the link to the listed countries.

Jan 14, 2012, 7:27 AM

Post #18 of 22 (3381 views)

Re: [mazbook1] mexican wife and SS

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I think that is what I wrote, that the widow must stay in the U.S. every 6 months for 1 month, really 30 days, and I will add, report to the nearest SS office, be able to prove that the she was in the U.S. the whole time (that's why the nun's hotel is a good idea, after all. who will question a nun?)

mazbook1 wrote: "Also, the U.S. Consulate General in Guadalajara has a Social Security office that can handle any necessary Social Security questions or transactions just like the ones in the U.S. I had a friend who went there to apply for his SS when he became 65, and he said it was painless and easy. Also much closer than making a trip to some U.S. SS office. "

At Lakeside, SS comes here every Wednesday so a trip to Guadalajara isn't that necessary. If your friend is in Mexico, naturally applying for SS in Mexico is easier that traveling to the U.S.

Minerva909

Jan 14, 2012, 8:34 AM

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Re: [prmjcm] mexican wife and SS

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My late spouse and I were both living and working in the USA for years but were both Swedish citizens. He died young (brain tumor) but when I reached retirement age I learned that I can claim US social security on either my own record or on his. In Sweden they simply added some money to my Swedish pension from the Swedish pension he would have received, had he lived. My other partial European pensions are solely on my own account - I never lived in those countries with my Swedish spouse.

(EU pension system is hard to comprehend to Americans as it add working years from different countries together to establish your overall pension eligibility and amount, but then each country pays you its share - in its own currency, if different from euro - it involves a lot of counting every months, as the exchange rates fluctuate, so from one month to another you never get the same amount expressed in the currency of the country where you spend the money)

US social security recognizes a wife's right to survivor's benefits (formerly a widow's pension) if the wife lived in USA - not sure it does if she never did. It might - like many European countries - not recognize the rights if marriage started after you started receiving benefits. So best hit the social security web page, learn all you need and start asking questions when you do not find answers.

(This post was edited by Minerva909 on Jan 14, 2012, 8:49 AM)

Minerva909

Jan 14, 2012, 8:44 AM

Post #20 of 22 (3362 views)

Re: [Vichil] mexican wife and SS

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In Reply To

If you are not a US citizen and receive survivor's benefits you can choose, moving to a foreign country, whether you want to rescind your US residency or not. If not, your benefits will continue providing that - according to current legislation - you spend no less than two months (60 days) a year in the USA. That's the info received recently by a friend from US consulate in Norway.

However citizens of the counties on list 1 in social security booklet (Mexico is not a part of that list) receive benefits no matter if they keep their US residency or not, so they do not have to go back to the USA periodically.

But establishing residency in the US for someone who never had it might be a long term process...

(This post was edited by Minerva909 on Jan 14, 2012, 10:38 AM)

Jan 15, 2012, 11:58 AM

Post #21 of 22 (3224 views)

Re: [Minerva909] mexican wife and SS

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My female Mexican friend never lived in the U.S. She was married in the U.S. to a U.S. citizen for over 12 years.

As I wrote before, she must enter the U.S. every 6 months and stay in the the U.S. for 30 continuous days every 6 months. If she lived in the U.S. she would get 100% of his Social Security, but she lives in Mexico and can only receive 70%.

She did not need to establish full time residency in the U.S.

Any Mexican widow of a retired U.S. citizen should go to the closest consulate office, file his death certificate and get whatever information she needs to file for SS.

It would be helpful if the living husband took his wife to the consulate and ran her through everything to get any obstacles out of the way before he dies.

Channi

Jan 23, 2012, 9:38 AM

Post #22 of 22 (2944 views)