Is My Mother Allowed To Receive Spousal Benefits?

Category: 
Sep 21 2019 - 9:52am

I came upon your article - Does Deportation Disallow Collecting Benefits?.. which answered the question about my father.... deportees cannot be paid Social Security benefits unless they are re-admitted to the U.S. for permanent residency. However, my mother is a U.S. citizen (they are still legally married in the U.S. but he is remarried in the other country) and I wonder if she is allowed to receive spousal or other benefits?

Hi,

Your mother couldn't qualify for spousal benefits unless her spouse has filed and been approved for either Social Security retirement or disability benefits. She would also need to be at least age 62 or caring for a child who is under age 16 or disabled who qualifies for benefits on her spouse's record.

If your mother does qualify for spousal benefits or Social Security benefits based on her own work record, she would likely be able to draw those benefits even if she's living outside the U.S. and even if her spouse has been deported. U.S. citizens can collect Social Security benefits while living in the vast majority of foreign countries, however, benefits currently can't be paid to people living in Azerbaijan, Belarus, Cuba, Kazakhstan, Kyrgyzstan, Moldova, North Korea, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.. You may want to refer to the following Social Security publication for more in information: https://www.ssa.gov/pubs/EN-05-10137.pdf.

Best, Jerry