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Is it True -Citizenship, if married to Filipina ?


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I was told by the embassy she can recieve her SS benifits without citizenship. Guess I'll have to reconfirm that

..........My source was just a quote from another LinC member on another thread. I would like to re-confirm this though for myself since we may move to Cebu in a few years.
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I am certainly no expert, but i think your sis in law is wrong. As far as i am aware, you have to renounce your current citizenship to qualify for PH citizenship. Renouncing your home country citize

http://travel.state....s/cis_1753.html   US State Department Services Dual Nationality       The concept of dual nationality means that a person is a citizen of two countries at the sam

Actually, Community involvement isn't even stipulated. Here's from the law regarding community:  "Third. He must be of good moral character and believes in the principles underlying the Philippine C

..........My source was just a quote from another LinC member on another thread. I would like to re-confirm this though for myself since we may move to Cebu in a few years.

 

 

 

the key is not a us citz but a Social security number is needed

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CardiacKid

I don't know about Australia but in The U.S. it makes more sense for the Philippina wife to get dual citizenship than the husband especially if you plan on living in R.P. after living in U.S. One reason is so she can get her U.S. Social Security Benifits while living in The Philippines. I read in another thread that she will not get either her own benifts or a deceased spouse benifit if she moves back to The Philippines with only R.P. citizenship. With dual or U.S. citizenship she'll get both.

A Filipina can get SS benefits living in the Philippines but only if she has spent 5 years in the U.S. and can prove it. A Social Security number without the five year residency requirement is not sufficient. Proof would be utility bills, driver's licenses, employment records etc. Dual citizenship can be problematic if your wife dies before you do in the Philippines and has bank accounts in her name. You are then thrust into the wonderful world of laws regarding probate here. There is no simple payable on death or survivorship designations on bank accounts. It takes about two years to get everything done and lots of fees for lawyers, taxes, etc. I watched my buddy go through the process and it was a nightmare.
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A Filipina can get SS benefits living in the Philippines but only if she has spent 5 years in the U.S. and can prove it. A Social Security number without the five year residency requirement is not sufficient. Proof would be utility bills, driver's licenses, employment records etc. Dual citizenship can be problematic if your wife dies before you do in the Philippines and has bank accounts in her name. You are then thrust into the wonderful world of laws regarding probate here. There is no simple payable on death or survivorship designations on bank accounts. It takes about two years to get everything done and lots of fees for lawyers, taxes, etc. I watched my buddy go through the process and it was a nightmare.

 

 

 

thats is something i did not know , i wonder about DIC also with the military why would a 5 year stay be needed to collect on a husbands benefits ? It would seem legally married is legally married//// also if there is a 5 year rule i dont understand as they allow common law to apply for benefits and after 3 years the spouse can apply for us citz

Edited by smokey
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http://www.socialsec...10137.html#a0=1

 

Your Payments While You Are Outside The United States

 

 

SSA Publication No. 05-10137, ICN 480085, June 2011

 

 

 

 

This booklet explains how being outside the United States may affect your Social Security payments. It also tells you what you need to report to us so we can make sure you receive all the Social Security payments you are entitled to. For more information, see Things that must be reported and How to report.

 

 

 

 

 

When you are “outside the United States”

 

 

 

When we say you are outside the United States, we mean you are not in one of the 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands or American Samoa. Once you have been out of the United States for at least 30 days in a row, you are considered to be outside the country until you return and stay in the United States for at least 30 days in a row. If you are not a U.S. citizen, you also may have to prove you were lawfully present in the United States for that 30-day period. For more information, contact the nearest U.S. Embassy or consulate or Social Security office.

What happens to your right to Social Security payments when you are outside the United States

 

If you are a U.S. citizen, you may receive your Social Security payments outside the United States as long as you are eligible for them.

However, there are certain countries to which we are not allowed to send payments.

If you are a citizen of one of the countries listed in Country List 1 , Social Security payments will keep coming no matter how long you stay outside the United States, as long as you are eligible for the payments.

If you are a citizen of one of the countries listed in Country List 2, you also may receive your payments as long as you are outside the United States, unless you are receiving your payments as a dependent or survivor. In that case, there are additional requirements you have to meet.

If you are not a U.S. citizen or a citizen of one of the other countries listed in Country List 1 and Country List 2, your payments will stop after you have been outside the United States for six full calendar months unless you meet one of the following exceptions:

  • You were eligible for monthly Social Security benefits for December 1956; or
  • You are in the active military or naval service of the United States; or
  • The worker on whose record your benefits are based had railroad work treated as covered employment by the Social Security program; or
  • The worker on whose record your benefits are based died while in the U.S. military service or as a result of a service-connected disability and was not dishonorably discharged; or
  • You are a resident of a country with which the United States has a Social Security agreement. Currently these countries are listed in Country List 3. However, the agreements with Austria, Belgium, Germany, Sweden and Switzerland permit you to receive benefits as a dependent or survivor of a worker while you reside in the foreign country. This is true only if the worker is (or was at the time of death) a U.S. citizen or a citizen of your country of residence; or
  • You are a citizen of one of the countries in Country List 4, and the worker on whose record your benefits are based lived in the United States for at least 10 years or earned at least 40 credits under the U.S. Social Security system. If you are receiving benefits as a dependent or survivor, see additional requirements.

This should answer alot of questions.

 

Doug

Edited by softail
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http://www.socialsec...10137.html#a0=1

 

Your Payments While You Are Outside The United States

 

 

SSA Publication No. 05-10137, ICN 480085, June 2011

 

 

 

 

This booklet explains how being outside the United States may affect your Social Security payments. It also tells you what you need to report to us so we can make sure you receive all the Social Security payments you are entitled to. For more information, see Things that must be reported and How to report.

 

 

 

 

 

When you are “outside the United States”

 

 

 

When we say you are outside the United States, we mean you are not in one of the 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands or American Samoa. Once you have been out of the United States for at least 30 days in a row, you are considered to be outside the country until you return and stay in the United States for at least 30 days in a row. If you are not a U.S. citizen, you also may have to prove you were lawfully present in the United States for that 30-day period. For more information, contact the nearest U.S. Embassy or consulate or Social Security office.

What happens to your right to Social Security payments when you are outside the United States

 

If you are a U.S. citizen, you may receive your Social Security payments outside the United States as long as you are eligible for them.

However, there are certain countries to which we are not allowed to send payments.

If you are a citizen of one of the countries listed in Country List 1 , Social Security payments will keep coming no matter how long you stay outside the United States, as long as you are eligible for the payments.

If you are a citizen of one of the countries listed in Country List 2, you also may receive your payments as long as you are outside the United States, unless you are receiving your payments as a dependent or survivor. In that case, there are additional requirements you have to meet.

If you are not a U.S. citizen or a citizen of one of the other countries listed in Country List 1 and Country List 2, your payments will stop after you have been outside the United States for six full calendar months unless you meet one of the following exceptions:

  • You were eligible for monthly Social Security benefits for December 1956; or
  • You are in the active military or naval service of the United States; or
  • The worker on whose record your benefits are based had railroad work treated as covered employment by the Social Security program; or
  • The worker on whose record your benefits are based died while in the U.S. military service or as a result of a service-connected disability and was not dishonorably discharged; or
  • You are a resident of a country with which the United States has a Social Security agreement. Currently these countries are listed in Country List 3. However, the agreements with Austria, Belgium, Germany, Sweden and Switzerland permit you to receive benefits as a dependent or survivor of a worker while you reside in the foreign country. This is true only if the worker is (or was at the time of death) a U.S. citizen or a citizen of your country of residence; or
  • You are a citizen of one of the countries in Country List 4, and the worker on whose record your benefits are based lived in the United States for at least 10 years or earned at least 40 credits under the U.S. Social Security system. If you are receiving benefits as a dependent or survivor, see additional requirements.

This should answer alot of questions.

 

Doug

 

The above info does not apply to the survivor or dependents. Go to your first link

 

When you are “outside the United States”

 

Click on the the third tab:

 

Additional Residency Requirements for dependents and survivors

 

 

If you receive benefits as a dependent or survivor of the worker, special requirements may affect your right to receive Social Security payments while you are outside the United States. If you are not a U.S. citizen, you must have lived in the United States for at least five years. During those five years, the family relationship on which benefits are based must have existed.

Children may meet this residency requirement on their own or may be considered as meeting the residency requirement if the worker and other parent (if any) meet it. However, children adopted outside the United States will not be paid outside the United States, even if the residency requirement is met.

The residency requirement will not apply to you if you meet any of the following conditions:

  • You were initially eligible for monthly benefits before January 1, 1985; or
  • You are entitled on the record of a worker who died while in the U.S. military service or as a result of a service connected disease or injury; or
  • You are a citizen of one of the countries in Country List 1; or
  • You are a resident of one of the countries with which the United States has a social security agreement in Country List 3.

 

 

So, if you plan to remain in the RP until and not bring your spouse to the US before you're buried, you may wish to advise your spouse to apply for a widow's visa to the US. Upon arrival she can then apply for SS survivor benefits and begin receiving them immediately.

Edited by SkyMan
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You are entitled on the record of a worker who died while in the U.S. military service or as a result of a service connected disease or injury;

 

 

now the VA says for the wife to receive benefits thru DIC either the member must of died as a direct result of his disability or you have been married for over 10 years.. and if its the 10 years it dont matter how he died ,

 

 

 

from skyman

So, if you plan to remain in the RP until and not bring your spouse to the US before you're buried, you may wish to advise your spouse to apply for a widow's visa to the US. Upon arrival she can then apply for SS survivor benefits and begin receiving them immediately.

 

 

 

now that has to be rough you go to the philippines and after you die she goes by herself so she can collect how much ? living in the us on SS would not be easy if your already living here never mind for a first timer

Edited by smokey
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now that has to be rough you go to the philippines and after you die she goes by herself so she can collect how much ? living in the us on SS would not be easy if your already living here never mind for a first timer
True, for this plan one would need to prepare her for that eventuality and I'm assuming there may be other inheritance she would have with only the SS as a suppliment. Everyone's situation is different which is why I said 'may' wish to advise. I think they myriad possible situations on that are beyond the scope of this thread if not this forum.
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True, for this plan one would need to prepare her for that eventuality and I'm assuming there may be other inheritance she would have with only the SS as a suppliment. Everyone's situation is different which is why I said 'may' wish to advise. I think they myriad possible situations on that are beyond the scope of this thread if not this forum.

 

 

 

well we now have a plan we go to cebu this oct and leave jan... 2013 i come back to cebu june of 2013 as its hot as poop in arizona for the summer so i run and come back to arizona sept of 2013 then we apply for her citz as her 3 years is up jan 2014 so you can apply before the 3 years is up but not take the test till the time is up?

Edited by smokey
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