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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37639
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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My friend married in 1999 in Miami, Fla.. she had a on off

Customer Question

my friend married in 1999 in Miami, Fla.. she had a on off marriage but never saw each other again, she wanted to get divorced and found the husband had passed on 10/18/2014 at the age of 56.. she is 61 she has a tax i.d. and is not a legal resident what rights she has as collecting his benefits...
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Under US social security laws, a person must either be a citizen or a permanent resident of the United States to be eligible to collect benefits. Only foreign nationals who are permanent residents of the US are eligible to collect social security benefits. While your friend certainly qualifies for a survivor benefit so long as she was married to her husband at least 9 months before he died, she will have to get a Green Card and reside in the US be able to claim the survivor benefit that she is otherwise entitled to.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

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I wish you and yours the best in 2015,