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cbviajero

Nov 9, 2010, 11:03 AM

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social security benefits for mexican spouse

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I'm 52 my wife is 32 we have been married for 4 years,we have a 5 year old adopted son who has been with us for 4 years,she has never lived in the U.S.,my question is if I get run over by a bus in GDL or something,will she be eligible for survivor benefits.I looked at the social security web site but could'nt find the answer.
Regards
Chris

Don

Nov 9, 2010, 11:56 AM

Post #2 of 6 (4382 views)

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Re: [cbviajero] social security benefits for mexican spouse

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Check site below.

Survivor Benefits

mazbook1

Nov 9, 2010, 12:52 PM

Post #3 of 6 (4366 views)

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Re: [Don] social security benefits for mexican spouse

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Don is correct, but you have to closely peruse that website to find the answer to your question. I double checked it, and it is still the same as when I researched the subject a few years ago:

"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 U.S."

So the answer is NO. No non-citizen survivors living outside the United States can receive any survivor benefits. This particular quote leaves the question of a qualified U.S. citizen's survivors outside the U.S. a little up-in-the air, so I queried this in a direct question and received the information that "alien worker" or "U.S. citizen", no benefits are or would be paid to any non-citizen survivor not lawfully present in the U.S, even if otherwise fully qualified.

(This post was edited by mazbook1 on Nov 9, 2010, 1:10 PM)

jerezano

Nov 10, 2010, 6:41 AM

Post #4 of 6 (4283 views)

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Re: [mazbook1] social security benefits for mexican spouse

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Hello all,

Quote: "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 U.S."

Note that this applies only to alien workers. There is an exception here for native American workers. And that is,
if the Mexican wife has lived in the United States at one time for, if I remember right, five years.

But then the original poster says his wife has NEVER lived in the US. So, unfortunately the answer to his question is NO.

But I recommend he check the www.ssa.gov site for survival benefits for the adopted son. There just might possibly be
survivor benefits for the child.

As ever, jerezano

morgaine7

Nov 10, 2010, 6:59 AM

Post #5 of 6 (4274 views)

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Re: [cbviajero] social security benefits for mexican spouse

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Since you're in Guadalajara, it might be best to visit or call the SS benefits office there. They may have more specific info for Mexico.

Federal Benefits Unit
American Consulate General
Progreso 175
44100 Guadalajara, Jalisco
Mexico
Phone: 523-3326-82139
Fax: 523-3382-57942
Email: FBU.Guadalajara@ssa.gov

Kate

cbviajero

Nov 10, 2010, 7:52 AM

Post #6 of 6 (4258 views)

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Re: [morgaine7] social security benefits for mexican spouse

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Thanks for all your replies,it was'nt what I wanted to hear but it was about what I expected.
Regards
Chris