Can a Mexican national who is married to a US female citizen receive SS benefits upon death

[Sandrita]

Hola,

I am just trying to get some general info (and will probably have to contact the US Consulate in Guad).

Does anyone know from direct knowledge, if a Mexican national can collect his wife's social security benefits upon her death?

Spencer, maybe you can chime in on this.

Muchas gracias.

 

 

[bournemouth]

You might get some information here:

https://thunfinancial.com/social-security-american-expats-retirement-abroad/

[Fred Habacht]

We had an experience with a Mexican woman married to a US male...for more than 20 years. She was refused the burial allowance and the SS unless she resided in the US. This law applies to Mexicans, Filipinos and Russians. It was signed into law under the final years of the Bush administration. You can appeal, which she did. Ignorance of the change in the law is not a defense..

She moved to the US and the SS payments are now being pd

 

[Mainecoons]

Take a look at this:

http://finance.zacks.com/can-noncitizen-wife-receive-social-security-benefits-after-die-5427.html

Also:

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

Quote

Special Payment Rules for Noncitizens. Section 202(y) of the Social Security Act requires noncitizens in the United States to be “lawfully present” to receive benefits.13 If a noncitizen is entitled to benefits, but does not meet the lawful presence requirement, his/her benefits are suspended. In such cases, a noncitizen may receive benefits while residing outside the United States (including benefits based on work performed in the United States without authorization) if he/she meets one of the exceptions to the “alien nonpayment provision” under Section 202(t) of the Social Security Act. Under the alien nonpayment provision, a noncitizen’s benefits are suspended if he/she remains outside the United States14 for more than six consecutive months,15 unless one of several broad exceptions is met. For example, an alien may receive benefits outside the United States if he/she is a citizen of a country that has a social insurance or pension system that pays benefits to eligible U.S. citizens residing outside that country (a “social insurance country”), or if he/she is a citizen or resident of a country with which the United States has a totalization agreement (see Table 1). If an alien does not meet one of the exceptions to the alien nonpayment provision, his/her benefits are suspended beginning with the seventh month of absence and are not resumed until he/she returns to the United States lawfully for a full calendar month.

 

[pedroshalfbrother]

I was told by the SS office that my wife needs a SS number for them to pay the benefits when I die, another told me that she would receive the benefits when I die without a SS number, which one should I believe?

 

" First, non-citizens may receive social security benefits abroad if they lived in the United States for at least five years as a married couple. "

[Jim Bowie]

WE know a Mexican woman who receives SS benefits and lives at Lakeside, never living In the US. Husband was, I believe, German that became an American citizen.

[Intercasa]

Yes it is possible if the foreign national complies with being in the US during certain time periods.  Minimum US visa needed to comply and be there for the time periods. 

[k2tog]

I also know a Mexican woman, married to an American man who died, and she receives SS benefits. It was confusing to get it all set up. She is required by SS Administration to go to the US twice a year and she has to stay for 30 days each visit.