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Filed: K-1 Visa Country: France
Timeline
Posted

I'm hoping someone with more knowledge can weigh in on this discussion with advice. We are currently at ROC stage, so this is long term planning on our part and our major concern is spouse's ability to receive SSA survivor benefits if he is not residing in the US. Spouse (French citizen) and I (US citizen) are wondering if it really is necessary for him to obtain US citizenship or remain LPR?  We have a home in France and our plan is to retire there when I reach retirement age in about 6 years. I have been reading the SSA website and have found information that states he would not need US citizenship to continue collecting on my record since France is a Social Insurance country and he would qualify for an exception to the Alien Non Payment clause. Also, he would have met the 5 year residency requirement in addition to the exception. If citizenship is not absolutely necessary our thinking is why go thru the process. Any thoughts are appreciated.

Posted

Your question is a bit confusing but will give you my input on ss benefits.

One you retire in 6 years time, you will get your ss as a us citizen. Will need to apply in the states, not in a foreign country as ss will not mail your benefits overseas. Need to apply in the states, have a bank account or direct depost in a debit card provided by ss.

Survivor benefits  are different, once you pass (no pun intended) your spouse will get survivor enefits  given that you have been  married over ten years.  She doesn't  need to be a us citizen. However will need to apply in the states with a bank account  as they do not mail benefit  overseas. 

Nott sure if my comments  answer your question.

Filed: K-1 Visa Country: France
Timeline
Posted
6 hours ago, USS_Voyager said:

Read this publication: https://www.ssa.gov/pubs/EN-05-10137.pdf

 

It's giving a headache, but sounds like you and your spouse are eligible.

Thank you for the link. Yes based on the info in this publication I think we do. Spouse will be happy as he wasn't comfortable with the language requirement for citizenship even though he is learning English and making good progress. 

 
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