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dylatess
dylatess, Attorney
Category: Legal
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Experience:  35 plus years representing clients with their legal issues
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We were told in the Mexico City Social Security Office that

Customer Question

We were told in the Mexico City Social Security Office that to receive spousal benefits, my husband and I must have lived for at least five years in the US from the time we got married. We lived together in the US from 1987 to 1996 but did not get legally married until 1994. We have been together 25 years, married for 18 years, but left the US to live in Mexico after we were married 2 years. We have been in Mexico since 1996. I have not seen that requirement anywhere, and know people with similar stories who are receiving spousal benefits. I am 64, currently receiving my retirement benefits, and my husband is 62. He is Mexican.
Submitted: 1 year ago.
Category: Legal
Expert:  dylatess replied 1 year ago.
Hello and thank you for your question. For over 34 years I have answered questions just like yours. And I look forward to assisting you.

I am sorry to inform you that the SSA rules are very specific and not subject to interpretation. That is, you must live as husband and wife in the US for five years. So without proof of a marriage license which predates the time you lived in the US, your husband is not eligible for spousal benefits. Likewise, the SSA does NOT recognize common law marriages though some states in the US does. thanks for understanding.
dylatess, Attorney
Category: Legal
Satisfied Customers: 4656
Experience: 35 plus years representing clients with their legal issues
dylatess and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Follow up question: So does that mean if we went back to the states to live for three more years, it would complete his eligibility? He was 11 credits short of qualifying for his own benefits - someone I know here was in the same situation, and paid Social Security in to make up for the missing credits,and then was able to receive the minimum benefit. Is that a possibility in our case?


 


Thank you,


Kit

Expert:  dylatess replied 1 year ago.
Yes. that is corect.
Customer: replied 1 year ago.

I'm sorry, that was two questions I just asked. Are they both correct?

Expert:  dylatess replied 1 year ago.
Sorry you cannot buy credits.

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