Will my foreign-born wife qualify for Social Security survivor benefits with only 2 years of marriage?
My uncle (75) got married to his Thai wife (68) about 2 years ago during their time living in Thailand. They recently moved back to the US because his health has deteriorated significantly - he's dealing with advanced COPD and early signs of dementia. She has a work-authorized SSN but isn't working currently since she's his full-time caregiver. I'm worried about what happens if he passes away - would she qualify for survivor benefits? They've only been married for 2 years, and I've heard something about a 9-month marriage requirement, but I'm not sure if there are different rules since she's a foreign national. His monthly SS retirement benefit is around $2,450. Anyone know if she'd be eligible for survivor benefits and what percentage she might receive? She's sacrificed her career to care for him 24/7.
16 comments
Zoe Papanikolaou
Yes, she would likely qualify for survivor benefits as long as they've been married for at least 9 months at the time of his passing. The fact that she's from Thailand doesn't matter for survivor benefit eligibility - what matters is her legal status in the US and the length of the marriage. As his widow, she could receive between 71.5% and 100% of his benefit amount, depending on her age when she applies. Since they've been married for 2 years already, they've met the 9-month requirement. Her having an SSN is good - that will make the application process smoother.
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Andre Dupont
•Thank you! That's a relief to hear. Do you know if her benefits would be reduced if she starts receiving them before her own full retirement age? She's 68 now.
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Jamal Wilson
I went thru this with my mom who married a Canadian. SSA will make her prove the marriage was legit and not just for benefits. They'll want marriage cert with official translation and immigration docs. Tell them to gather all that stuff NOW while he's still here to help with it!!! The 9 month rule has exceptions if death is accidental btw.
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Andre Dupont
•That's good to know about gathering documentation now. Their marriage is definitely legitimate - they lived together in Thailand for almost 3 years before moving back. I'll make sure they have all their paperwork in order.
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Mei Lin
Does she have a green card or is she here on a visa? That makes a BIG difference. My cousin's wife couldn't get SS benefits when he died cuz she was still waiting on her green card even though they were married 5 years!!! The system is RIDICULOUS!
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Liam Fitzgerald
•This is a common misconception. Citizenship or immigration status doesn't affect eligibility for survivor benefits. What matters is whether she meets the requirements for survivor benefits (married at least 9 months, applicant is at least 60 years old or disabled, etc.). However, if she leaves the US for more than 6 months and is not a US citizen, benefits could be suspended unless she's from a country with a social security agreement with the US (Thailand does not have one currently).
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GalacticGuru
my husband's from mexico and we worried about the same thing, they told us as long as we're legally married and i have my green card i can get his SS if something happens. but if i leave US for too long they stop payments unless i come back. i think its the same for thailand wife
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Andre Dupont
•Thanks for sharing your experience! That's helpful to know. She does have her green card, so it sounds like that part is covered.
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Amara Nnamani
When I was trying to reach SSA to ask about survivor benefits for my mom (similar situation), I spent WEEKS trying to get through on the phone. Finally used this service called Claimyr (claimyr.com) which got me connected to an agent in about 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Saved me so much frustration! I'd highly recommend getting specific info from SSA directly since foreign spouse situations can have special considerations. Better to know exactly where they stand.
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Andre Dupont
•I've been trying to call SSA for three days without getting through! Thanks for the recommendation - I'll check it out. You're right that we need official information for their specific situation.
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Liam Fitzgerald
To clarify a few important points about survivor benefits for your uncle's wife: 1. The 9-month marriage duration requirement is satisfied since they've been married for 2 years. 2. At age 68, she's eligible for 100% of his benefit amount since she's past her Full Retirement Age. 3. Her work-authorized SSN is sufficient for claiming benefits. 4. Key requirement: She must remain in the US as a legal resident to continue receiving benefits uninterrupted. As a non-citizen, if she leaves the US for more than 6 consecutive months, her benefits would be suspended until she returns. 5. She should apply promptly after his passing - survivor benefits can only be paid up to 6 months retroactively. 6. Her receiving survivor benefits wouldn't affect any benefits his children or former spouses might be entitled to.
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Giovanni Mancini
•is there anything she needs to do NOW before he passes? my friend had huge problems proving her marriage after husband died
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Andre Dupont
Thank you all so much for the helpful information! I'm going to talk with them this weekend about organizing all their documentation and making sure everything is in order. It sounds like she should be eligible for his full benefit amount since she's already past her FRA. I'll also warn her about the residency requirements so she understands she needs to stay in the US to maintain benefits if something happens to him. This has been such a relief - I was worried she might be left with nothing after all the care she's providing.
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Giovanni Mancini
does she get medicare too? my dad remarried late n his wife got his SS but had to pay for medicare still
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Zoe Papanikolaou
•Medicare eligibility is separate from Social Security benefits. If she's 65 or older, she would qualify for Medicare on her own. If she's under 65, receiving survivor benefits doesn't automatically qualify her for Medicare - she would need to either wait until 65 or qualify based on disability. She would still be responsible for Medicare premiums either way.
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Jamal Wilson
Tell them to set up a my social security account online NOW too if they haven't!!! Makes everything easier later!!!
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