Regarding U.s. Social Security Benefits For My Thai Wife After I Die.

[Lopburi99]

Has anybody any advice on how to start, expedite, options, other approaches, etc to assure widow survival SSA benefits for my Thai wife when my time comes? I understand she [ideally] needs to become a U.S. citizen, starting with obtaining a green card (I know all about that thanks to the ex-wife from hell). Would take up to 5 years or more, with 30 months her living in the states. We both want to stay here, but of course I want her to qualify as a surviving widow in SSA's eyes. I have lousy health - not sure I have 5 years. My wife is 52, I am almost 66 - been on SS Disability since 07. Thanks.

Edited November 27, 2012 by Lopburi99

[lanny]

For your wife to be eligible for a survivor's benefit from Social Security, she must have lived with you, as your wife, in the US for a minimum of 5 years!

[Lopburi99]

In speaking over the phone with the Social Security office yesterday, that may no longer be true as she never told me that. In fact, she even said something about in some cases being married less than two years was sufficient, not to mention her being eligible having only a green card (not official citizenship) if I died while we both lived there during her citizenship process. I'll try to find the exact requirements online and post. I think there is a lot to it, with some recent changes evidently being made by the Obama administration.

Re: Naturalization/Citizenship: "Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application"

http://www.uscis.gov...000b92ca60aRCRD

Here's more on the naturalization process:

http://www.uscis.gov.../PDFs/M-480.pdf

I'll see what I can find on the SSA.gov site and post a link for discussion purposes.

Edited November 27, 2012 by Lopburi99

[Lopburi99]

Ok, I have found out the following:

Sorry, I was confused between qualifying for survivor benefits vs qualifying for U.S. citizenship. Citizenship is not required, having a Green Card is adequate. The 30 month issue pertained to obtaining citizenship. A legal marriage of at least 9 months is a basic requirement.

Lanny was mostly correct in that my wife will be required to live in the U.S. with me as my wife for a total of five years (not continuous). What wasn't mentioned was if I die during those five years she, as my surviving widow, is still required to fulfill the residency requirement so she will need to continue to live there somehow, with a friend, alone, or however. After that requirement is met she can return permanently to Thailand, receiving surviving widow benefits when she becomes 60, or after 50 if she becomes disabled, until her death. No doubt proving a valid disability would be a challenge, but in Thailand anything is possible.

[bangkokburning]

can a benefit be collected from thailand? can it be paid into a thai bank acct?

[doontp]

can a benefit be collected from thailand? can it be paid into a thai bank acct?

The benefit can be collected from Thailand. It can be paid into Bangkok Bank, because they have a branch in New York City.

[wildoates]

the benefit can be collected in Thailand by a US citizen. Benefits can not be collected to those who live outside the US by non-citizens.

[Lopburi99]

the benefit can be collected in Thailand by a US citizen. Benefits can not be collected to those who live outside the US by non-citizens.

?

A Thai national who is a surviving widow of a U.S. citizen can collect benefits while living in Thailand as long as she has passed the 5 year U.S. residency requirement. She need not be a U.S. citizen - Green Card holders may collect benefits.

Edited December 3, 2012 by Lopburi99

[bangkokburning]

Thanks all.

[wildoates]

From SS

"If you are not a United States citizen, the law requires us to stop your payments after you have been outside the United States for six consecutive calendar months unless you meet one of several exceptions in the law allowing your benefits to continue. Most of these exceptions are based on your country of citizenship, residence or on other conditions. "

Go to website, there is a tool that determines if qualified, not a simple yes or no.....

Edited December 5, 2012 by wildoates

[bird35]

so if i been married in us. one 2005 and back to Thailand and go back to USA on 2008 and with holding 10 years green card. but I not always be there. like if my husband go work oversea like mexico or Australia he send me back to live with family in Thailand. and he pass a way last month I have chane to get benefit from SSN? because right now I am in Thailand. he was send me to Thailand since Feb this year because health problem with anxitie attact.. and now he leaving me with 6 years old girl..I wonder if I still get benefit on this?

thank you

[Lopburi99]

Bird35: Depending on a variety of other details, it may be possible if you have lived in the U.S. at least five years total as his wife. Also, maybe you can get benefits for your child. If you need more U.S. residency time, it may not be too late for you to return there to complete the requirement as his widow.There is potentially a great deal of money involved for you, so you should talk to an expert who can advise and hopefully prepare a strong case for you. I'd start by going to the U.S. Embassy and talking to Social Security knowledgeable staff. Good luck, and please keep us informed.

Edited December 13, 2012 by Lopburi99

[bird35]

^{wELL i DON' THINK i CAN GO BACK AND LIVE IN us WITHOUT MY HUSBAND WITH ME.. IT HARD FOR ME TO LIVE THERE. IF i REALLY CAN'T GET SOCAIL FOR SPOUSE IT MIGHT ME MY DAUTHER WHO WAS 6 YEARS OLD CAN GET IT.. i HOPE .. i WILL ASK MY aTTONEY WHAT THEY CAN DO FOR ME..tHANK YOU}

[MrRealDeal]

Their is no such thing as disability at 65 if you are on Disability at 62 it switches to regular SS then.

If you die before the 5 years she is out of luck.

[rsokolowski]

Bird35,

At a minimum you might be able to get social security for the daughter until she turns 18 years old. I also think that the US embassy would be a good place to start. Best of luck.

[BB1955]

I have checked this and a none Us citizen who was married to a US citizen and lived together as husband and wife on US soil for 5 years can recieve survivor benifits when they reach the age of 60 as long as they have not remarried . These benifits can be paid to a survior if they now reside in Thailand . They key factor is the 5 years on US soil.

[lanny]

The requirement is that the survivor has lived in the US for at least 5 years (don't have to be continuous) as the wife OR widow of the prime beneficiary. So, if he dies before the 5 years are up, the widow can go to the US to complete the time. She can be living in Thailand when she starts drawing benefits. But, of course, she must not remarry!