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Foreign Spouse, Non Citizen, Social Security/House taxed upon death?

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jankun

Junior Member
What is the name of your state? Washington

I am married 10 years to a foreign citizen who has a green card. We are being told by her friends that upon my death, she is not eligble to collect my Social Security benefits unless she is a US Citizen? Is this true. This doesn't feel correct.

Also, we are told that since we both own a house together, if I die first, she does get the entire house, but since she is NOT a US Citizen, she has to pay tax on the half of mine that goes to her upon my death. Is this true? Again it does not feel correct.

Thank you for help.
 
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divndave

Junior Member
North Carolina
I to have heard the same as you that my wife will not collect benfits from my SS if I die unless she is an American citizen or live here for 5 years(she is from Asia) I think it only means if you are not living in the US at the time or if she moves back out side the US when you die?
Hopefully someone here will have a more expert advice.
Here is a link to Social securitys Web site.
Thanks
http://ssa.gov/pubs/10137.html#additional
 
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High&Low

Member
A quick trip to the SS office near your house will clear this all up. Your wife's got a green card and has been married for at least 10 years to you. Assuming you have accumulated enough credits into social security through your working years, your wife can collect. Only time she will have a problem with collecting from social security - is when you turn 62 (or 65) and you choose not to apply for social security - for whatever reason, and she is still married to you. Then she can't collect until you do. But as long as she is divorced from you or is your widow, she will be fine.
 

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