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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37855
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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Citizen and 60 years old. My question is if my husband can

Customer Question

I am US citizen and 60 years old. My question is if my husband can get my retirement benefits ? He is living in China with Chinese Citizenship. If not, what he needs to do in order to get my Social Security benefits as a spouse?
I appreciate your help very much.
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon Cindy,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Where are you living now?

2. Has he lived with you during marriage for at least 5 consecutive years in the past?

3. Are you collecting social security of any kind yet?


Customer: replied 1 year ago.
I an living in new York. My husband lives in China. We have been married for 30 years and the first 10 years we were living together in China. I am working now have not collected any kind of social security.
Customer: replied 1 year ago.
The question simply is if he could receive Social Security money from US government after i retire.
Expert:  LawTalk replied 1 year ago.

Hi Cindy,

Thanks for the additional information. And yes, I knew what your question was but I needed the additional information because of US Social security laws and how they pertain to foreign national spouses.

Because your husband did not live in the US with you for at least 5 years in a row during your marriage, he will not be eligible for any social security spouse benefit based on your work record after you retire.

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.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 1 year ago.

Good evening Cindy,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, and with the expectation that you would act similarly and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,