Spousal Benefit

[Shipmaster 2]

I have filed for AOS and had biometrics appointment for my wife on Aug 12. My wife has her SS #, and is 65 yrs old. Can she get Spousal Benefit social security before she is approved ?

 

This is a tricky question and I spoke with SS and even they could not give me a clear answer.

[kris&me 572]

On what grounds?

you need to work 40 quarters to be eligible for SSa retirement benefits

you just applied for AOS.  she has not worked 

 

when you are eligible and receive SS ,  she is eligible for widow's benefits upon your death

[SalishSea 16,746]

21 minutes ago, Shipmaster said:

I have filed for AOS and had biometrics appointment for my wife on Aug 12. My wife has her SS #, and is 65 yrs old. Can she get Spousal Benefit social security before she is approved ?

 

This is a tricky question and I spoke with SS and even they could not give me a clear answer.

Do you mean if you pass away?  Yes, she would be eligible for that.

 

As she has not worked and paid into the system, she is not eligible to collect SSI herself.

[JeanneAdil 6,190]

18 minutes ago, Jorgedig said:

Do you mean if you pass away?  Yes, she would be eligible for that.

 

As she has not worked and paid into the system, she is not eligible to collect SSI herself.

yes,  that's what it means

she has not been eligible to work as he just did AOS / she hasn't worked here 

you get a credit for each quarter worked (4 a year) 

so,  on what grounds can she get SS or medicare?

if he receives the benefits and passes away,  she is then eligible for widow's benefits which are calculated at a % according to his benefits and can get medicare 6 months after SSA begins 

of course,  she would need to apply at that time and provide a death certificate 

 

if spouse is not getting his own SS retirement this goes into effect for an early death per say

 if you don't have the required number of credits. They (meaning spouse and children) can get benefits if you have credit for one and one-half years of work (6 credits) in the three years just before your death.

 

Social security benefits are not difficult to understand / they are pretty straight forward

[aaron2020 11,651]

Your wife can receive spousal social security benefits as long as she is "lawfully present" in the US. https://www.everycrsreport.com/reports/RL32004.html. https://secure.ssa.gov/poms.nsf/lnx/0300204010

Here's the problem, SSA has a problem understanding that your wife is lawfully present even though her I-94 has expired and she's lawfully here after filing for an adjustment of status.  They will likely require a copy of her green card.  The onus will be on you to educate them.  Whether they can understand that is the big question and to why they can't seem to give you a correct answer.

Fight if you want the money.  

[portorusa 431]

OP’s wife can get SS benefits on her husband’s SS record provided they are married minimum 9 months and she worked at least 1.5 years before applying. Don’t ask me where I read this, somewhere online. I think it concerns 50% of his SS pension and they both should reach a minimum retirement age and the US husband should apply for SS pension first. 

[Shipmaster 2]

On 9/5/2020 at 2:12 PM, aaron2020 said:

Your wife can receive spousal social security benefits as long as she is "lawfully present" in the US. https://www.everycrsreport.com/reports/RL32004.html. https://secure.ssa.gov/poms.nsf/lnx/0300204010

Here's the problem, SSA has a problem understanding that your wife is lawfully present even though her I-94 has expired and she's lawfully here after filing for an adjustment of status.  They will likely require a copy of her green card.  The onus will be on you to educate them.  Whether they can understand that is the big question and to why they can't seem to give you a correct answer.

Fight if you want the money.  

Ha Ha, aaron, yours is possibly the best answer. Others did not even understand the question. I am asksing for spousal benefits, and NOT for death benefits. OK, you are right, I will have to fight for it and educate them, and that is what strikes me as strange. Surely there must be more people in my position, or maybe older people do not much get a K1 visa. Actually SSA has a good question and answer called B.E.S.T and my wife qualified according to that, and yes I see that is the problem that the I94 expires while waiting for a green card. However the passport clearly shows she is in the USA legally, as also the receipt for the I485. I will check the website you mentioned also. Thanks.

[Boiler 43,397]

Usually the bigger issue is Medicare.