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Ask Lane Your Own Question
Category: Social Security
Satisfied Customers: 9743
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
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A person married US citizen to obtain residence, which was

Customer Question

A person married US citizen to obtain residence, which was discovered and she was sentenced deportation for breaking immigration law (there was no criminal charges). Currently she is appealing it. In a meantime she married another US citizen. I have two questions about social security benefits in case if she is deported:
1. is she loosing the benefits? (after over 10 years of paying taxes here)
2. Can she in future collect her husband's benefits if current husband dies and she lives in another country (Philippines), assuming they were married for over 10 years?
Is there also requirement to live together in the US for a minimum of 5 years to qualify for it?
Submitted: 2 months ago.
Category: Social Security
Expert:  Lane replied 2 months ago.

Hi. My name's lane. I can help ...


Let's take the easy one first:


Beginning in January 1985, the alien nonpayment provision requires that certain alien beneficiaries entitled to dependent or survivor benefits must meet a U.S. residency requirement in addition to meeting exceptions: (I'll underline the pertinent parts)

  • Code 3 – Number Holder (NH) has 10 years residence;

  • Code 4 – NH has 40 Quarters of Coverage (QC’s);

  • Code 6 – Citizen of a Social Insurance Country

  • Code 7 – Railroad Service

  • Code 9 – Beneficiary in Military Service


Now, these exceptions have two-tiers and both tiers must be met. For the first tier the alien must meet an alien exception code. (above).


For the second tier, the alien’s dependents or survivors must meet the 5 year residency requirement.


This requirement precludes paying benefits to dependents and survivors outside the U.S. unless:

  • Dependents or survivors have resided in the U.S. for a period of at least 5 years during which time the relationship with the NH as a spouse, widow/widower, child or parent has existed.


Now, whether she loses the benefits, will be based on whether she was a lawfully present alien. SO if she wins, she wil not lose the benefits on THAT issue. If she loses her appeal, and it is determined that that she was not lawfully present she will lose the benefits.


Next, in the event that she does win, and she is otherwise entitled, she may need to be IN the US. There are only certain countries to which US will send social security payments.


You can see that in this publication:


"Your Payments while Outside the United States"

Expert:  Lane replied 2 months ago.

. … Please let me know if you have any questions at all.


If this HAS helped, and you DON’T have other questions … I'd appreciate a positive rating (using the stars or faces on your screen, and then clicking “submit")

Otherwise I’m working for no crediting at all here


Thank you!


I hold a law degree, (Juris Doctorate), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in financial accounting & tax, a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986.

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