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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28201
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My wife and I have been married years, can she collect her

Customer Question

my wife and I have been married for 25 years, can she collect her social security when she becomes 62 if she loses her permanent residence status because we live out of country?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

What country is she a citizen of?

Judith

Customer: replied 1 year ago.
thailand
Customer: replied 1 year ago.
Thailand, why would that make any difference
Customer: replied 1 year ago.
I can call you for free if I had your number. I need an answer soon.
Customer: replied 1 year ago.
I have no more time for this, I have to sleep now and get up early for work. please send a response to my e-mail ***@******.***
Expert:  Judith replied 1 year ago.

Sire, I am very sorry you are upset with me but this is not a chat. It is a message board. I had no way of knowing when you would respond. I respect your time is important as is getting your rest. Please forgive me.

My apologies. I cannot call or email you directly or we both violate JA rules and our accounts are cut off.

Her country of citizenship is important because if her country has no agreement with the US then she gets her benefits cut off after being outside the US for 6 months. And Thailand has no agreement.

If you are not a U.S. citizen or a
citizen of one of the countries listed
on pages 5, 6 and 7, we will stop your
payments after you have been outside
the United States for six full calendar
months unless you meet one of the
following exceptions:
• You were eligible for monthly
Social Security benefits for
December 1956;
• You are in the active military or
naval service of the United States;
• The worker on whose record your
benefits are based had railroad work
treated as covered employment by
the Social Security program;
• The worker on whose record your
benefits are based died while in the
U.S. military service or as a result of
a service-connected disability and
was not dishonorably discharged; or
• You are a resident of a country
with which the United States has
a social security agreement.

See Page 5-6-7 of the US Social Security Administration Guide on living outside the US.

http://www.socialsecurity.gov/pubs/EN-05-10137.pdf

I don't imagine this is going to please you either but please understand that I don't make the laws. She can divide her year between here and Thailand as many of my clients do so they can collect their benefits.

If you think your situation should qualify for some sort of exception to the law you may contact the SSA at 1-***-***-****.

Her other alternative is to become a US citizen although this will create problems for her having ownership of property in Thailand, I believe.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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