Can my Mexican wife receive Social Security survivor benefits in Mexico with a green card but less than 5 years US residency?
I'm really worried about making sure my wife is taken care of if something happens to me. I'm a US citizen but my wife is from Mexico. She just got her green card last month, but she's not planning to live in the US full-time because she needs to care for her elderly mother in Mexico. I'm 62 and starting to think about retirement and what would happen to her if I pass away. Would she be eligible for survivor benefits on my record if she's living in Mexico? She wouldn't be able to maintain US residency for 5 years since she'll only visit a couple times a year. Does she need to come back to the US every six months to keep getting payments? I've worked and paid into Social Security for over 35 years, so I know I'm fully insured. Any insights would be really appreciated!
16 comments
Jamal Edwards
Yes, your non-citizen spouse can potentially receive survivor benefits while living in Mexico, even without the 5-year US residency requirement. Mexico has a totalization agreement with the US that allows this. However, there are some important details to understand: 1. As a legal permanent resident (green card holder), she would be eligible for survivor benefits based on your work record if you're fully insured when you pass away. 2. The fact that she lives in Mexico isn't a problem because Mexico is one of the countries where the SSA can send benefit payments without restrictions. 3. She doesn't need to return to the US every six months to maintain eligibility for survivor benefits. 4. She may receive slightly reduced benefits (85% of what she would receive in the US) due to the alien non-payment provisions, but this varies based on specific circumstances. I'd recommend having her set up direct deposit to a bank that can receive international transfers from the US when the time comes. Makes the whole process much smoother.
0 coins
ThunderBolt7
•Thank you so much for this detailed answer! This is a huge relief. I didn't know about the totalization agreement with Mexico. So just to be clear - even though she'll have her green card for less than 5 years when I pass away (assuming that happens in the next few years), she can still collect survivor benefits while living full-time in Mexico? And she wouldn't lose her benefits if she stays in Mexico long-term?
0 coins
Mei Chen
my cousin's wife is mexican and she gets survivors after he died last year. she moves back and forth and I think SSA deposits the money right into her mexican bank account. but im pretty sure she had to live in the US for a while first before she could get the benefits in mexico
0 coins
ThunderBolt7
•Thanks for sharing your cousin's situation. Do you know how long his wife lived in the US before moving back to Mexico? And did she have to deal with a lot of paperwork to get the benefits transferred to her Mexican bank?
0 coins
Liam O'Sullivan
The previous responses have some inaccuracies. Let me clarify the rules for non-citizen survivors living abroad: 1. As a green card holder (LPR), your wife CAN receive survivor benefits while living in Mexico WITHOUT meeting the 5-year US residency requirement. This is because Mexico has a Social Security agreement with the US. 2. She would NOT lose benefits by remaining outside the US, nor does she need to return every 6 months. 3. However, she MUST maintain her LPR status or she could potentially face issues with both benefits and future US entry. 4. Important: If she spends too much time outside the US, immigration (not Social Security) might question her intent to maintain permanent residence. This is separate from her benefit eligibility but something to consider. I've dealt with this exact situation. Your wife should apply for survivor benefits at the Federal Benefits Unit at the US Embassy in Mexico City when the time comes.
0 coins
Amara Okonkwo
•But doesn't staying outside the US for too long automatically abandon the green card? Like if you're gone more than 6 months they can take it away at the border? That happened to my uncle!
0 coins
Giovanni Marino
I went through this EXACT situation but reverse (I'm Mexican, husband was American). Here's what I learned: Your wife CAN receive survivor benefits in Mexico and does NOT need to maintain US residency for any specific period after getting her green card. The US-Mexico agreement allows this. Important: This is a SOCIAL SECURITY issue, not an IMMIGRATION issue. They are completely separate! For Social Security: She qualifies for survivor benefits based on YOUR work record, not her residency. For Immigration: Yes, staying outside the US for extended periods COULD affect her green card status, but that's a separate concern from receiving SS benefits. When my husband died, I moved back to Guadalajara. I still get my survivor benefits direct deposited to my Mexican bank. Never had any problems with payments, but I did eventually give up my green card since I wasn't planning to return to the US.
0 coins
ThunderBolt7
•Thank you for sharing your experience - this is incredibly helpful! So even though you gave up your green card, you still receive survivor benefits without issues? Did you have to go through any special process when you decided to stay in Mexico permanently?
0 coins
Fatima Al-Sayed
This is wrong information!! My mom tried to get benefits in Mexico and they DENIED her because she didn't live in the US long enough!! She had to come back to California and stay for 6 months before they would start paying her again. The SSA doesnt care about green cards, they care about RESIDENCY!!
0 coins
Liam O'Sullivan
•There might be confusion about your mother's situation. Was she receiving retirement benefits or SSI? SSI has different residency requirements than survivor benefits. SSI cannot be received outside the US at all, while survivor benefits can be paid to eligible non-citizens in Mexico without the 5-year US residency requirement specifically because of the US-Mexico totalization agreement.
0 coins
Dylan Hughes
has anyone tried calling SSA about this? i waited 3 hrs last time i called them and then got disconnected lol
0 coins
Mei Chen
•Try using Claimyr (claimyr.com). I used them last month when I was trying to sort out my mom's survivor benefits. They got me connected to a real person at SSA in under 10 minutes! You can see how it works in their video demo: https://youtu.be/Z-BRbJw3puU. Saved me hours of frustration with the SSA phone system.
0 coins
Amara Okonkwo
EVERYONE here is missing a HUGE point! If you're not a US citizen and you leave the US for MORE THAN SIX MONTHS, immigration considers that ABANDONING your green card status! Even if SSA pays benefits to Mexico, your wife will have IMMIGRATION problems if she tries to return to the US after living in Mexico for years! My sister-in-law lost her green card this way and had to start all over with the immigration process!
0 coins
Liam O'Sullivan
•You're raising an important but separate issue. You're right that extended absence could potentially affect her LPR status from an immigration perspective. However, this doesn't affect her Social Security survivor benefit eligibility. To maintain her green card status while living primarily in Mexico, she should: 1. Apply for a reentry permit before leaving (valid for up to 2 years) 2. Keep ties to the US (maintain a US address, file US taxes, etc.) 3. Document that her stay abroad is temporary But even if she eventually gives up her green card, she can still receive survivor benefits in Mexico due to the totalization agreement.
0 coins
ThunderBolt7
Thank you everyone for the helpful responses! I'm going to talk to my wife about her plans for maintaining her green card status. It sounds like even if she eventually gives up her green card to live permanently in Mexico, she would still be eligible for survivor benefits on my record - which is a huge relief. I think our next step is to contact the Federal Benefits Unit at the US Embassy in Mexico City for specific guidance on her situation. I'll also suggest she talk to an immigration attorney about the best way to handle her trips back and forth to maintain her green card if that's what she wants to do. Really appreciate all the insights and personal experiences shared here!
0 coins
Giovanni Marino
•That sounds like a good plan. When you contact the Federal Benefits Unit, make sure to ask specifically about the "certificate of coverage" under the US-Mexico agreement. This document can help establish her benefits eligibility. Also, keep in mind that survivor benefits typically range from 71.5% to 100% of your full retirement amount depending on her age when she applies. Good luck!
0 coins