Ask Larry

Would My Wife Qualify For My Benefits If She Becomes A Citizen Of Spain?

My spouse is a Mexican national who lived in US for almost 20 years after a deportation. She has been living outside the US for the past 3 years and is currently in the process of obtaining Spanish Citizenship. Would she qualify for my Social Security benefits in lieu of her immigration problem in US?
I understand US makes it much easier for EU citizens.

Hi,

Since the U.S. has a totalization agreement with Spain, if your wife meets the requirements for U.S. Social Security spousal or survivor benefits and if she's residing in Spain, then she should be able to be paid her benefits even without becoming a Spanish citizen.

However, certain types of deportation orders can prohibit a person who's deported from the U.S. from collecting Social Security benefits (https://www.ssa.gov/OP_Home/handbook/handbook.18/handbook-1841.html). So, if your wife was deported from the U.S. then she may not be able to collect benefits regardless of her citizenship.

Best, Jerry

Category: 
Posted: 
Aug 10 2020 - 9:21am
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.