5 years residency in USA for a foreign spouse

[HanaHana 1]

Hi, I am a Singaporean married to a US citizen and have only visited US as a tourist. 

As per the social security website, some nationalities will be eligible for spouse's social security benefit as long as we fulfill the 5 years residency in US.

 

Appreciate if anyone can help with my questions:

1. Do I have to go through the marriage green card route in order to prove the 5 years residency to Social Security? Would a K3 visa or CR1 visa validity suffice for 5 years of residency?

2. Do I have to live in USA for full 360/365 days per year to fullfill the 5 years residency? Our plan is to spend a couple of months between Singapore and US each year.

3. Which state/area would you recommend for retirement purpose? Lower cost of living with a great community and ease of travelling around and out of US.

 

Many thanks for your time

Edited March 11, 2023 by HanaHana
Did not finish before hitting the Enter button

[Crazy Cat 41,984]

This might be helpful.

 

Medicare for Immigrants - General Immigration-Related Discussion - VisaJourney

[Boiler 45,733]

If you are just coming for a couple of months then the GC is not the right route you can just visit.

 

GC means you are a Legal Permanent Resident not a tourist.

[PaulaCJohnny 713]

“…Which state/area would you recommend for retirement purpose? Lower cost of living with a great community and ease of travelling around and out of US.”

 

If you find this place please let us now. The US is huge, and there is no such thing as “easy of traveling around “. Maybe Europe is a better idea if this is your goal.

 

But let me get this straight, do you want receive SS benefits but want to use the US as a visit place and not your home? Interesting.

Edited March 11, 2023 by PaulaCJohnny

[JeanneAdil 6,581]

what benefits are u writing about?

you say the 2 of u want to travel in and of the US

 

spouse visa to qualify for becoming a Lifetime permanent resident  (LPR) and living in US 5 years is the best way to go

 

monthly payment?   if USC is getting SSA , u qualify as follows for  survivors benefits when USC passes away

 

Can a non resident spouse receive Social Security benefits?

 

In most cases, the answer is yes. Foreign spouses generally qualify for Social Security survivor benefits, which are the deceased US worker's full benefits. In the case of dependent or spousal Social Security, a foreign spouse will likely qualify, receiving half of the US expat's benefit.

and since Singapore does not have a tax treaty with the US ,  SS would take 30% flat tax out of your SS payment 

 

https://www.irs.gov/businesses/international-businesses/united-states-income-tax-treaties-a-to-z

 

S

Slovak Republic
Slovenia
South Africa
Spain
Sri Lanka
Sweden
Switzerland

 

 

For medicare,  USC can try to apply but medicare only pays for emergencys outside the US

 

https://www.medicare.gov/Pubs/pdf/11037-Medicare-Coverage-Outside-United-States.pdf
 

[JeanneAdil 6,581]

i should have added u are not eligible for your own SSA monthly payment if USC is alive as u have not worked and paid into SS 

its survivor benefits 

 

When he passes , u may need a US lawyer to claim the benefits /  SS is not friendly for any of us 

[Mike E 11,741]

1 minute ago, JeanneAdil said:

i should have added u are not eligible for your own SSA monthly payment if USC is alive as u have not worked and paid into SS 

its survivor benefits 

Is that because OP is not a citizen or LPR?

 

Or is that because of some

other reason? If so,  https://www.ssa.gov/oact/quickcalc/spouse.html disagrees  

[JeanneAdil 6,581]

i got my SS survivor benefits after husband passed away  as he was receiving SSA

i didn't qualify for my benefits until then as i was not of retirement age to recieve my own

 

Its the first paragraph and she doesn't talk about having a child under 16

 

When a worker files for retirement benefits, the worker's spouse may be eligible for a benefit based on the worker's earnings. Another requirement is that the spouse must be at least age 62 or have a qualifying child in her/his care. By a qualifying child, we mean a child who is under age 16 or who receives Social Security disability benefits.When a worker files for retirement benefits, the worker's spouse may be eligible for a benefit based on the worker's earnings. Another requirement is that the spouse must be at least age 62 or have a qualifying child in her/his care. By a qualifying child, we mean a child who is under age 16 or who receives Social Security disability benefits.

 

hhttps://www.ssa.gov/international/AlienTax.ht

remember the SS site discuses SS benefits for non resident aliens too that have worked in US and paid into system to get  monthly benefits like my daugther  in law's dad  who worked in US and gets SSA as he retired to home country of England

 

[Crazy Cat 41,984]

My wife receives monthly Social Security retirement benefits based on my work record. However, we applied for those benefits when she also applied for Medicare. 

[discoverusa 277]

My friend's mom got SSA widow benfits at 60 when her husband (US Citizen) passed away based on his past earnings in US. 

 

Mom never lived in US. 

[Loren Y 2,756]

Just to throw this out there for everyone. SS will be completely bankrupt and unable to pay anyone in about 10 years or so. So won't really matter soon.

 

According to the 2022 annual report of the Social Security Board of Trustees, the surplus in the trust funds that disburse retirement, disability and other Social Security benefits will be depleted by 2035. That's one year later than the trustees projected in their 2021 report.

Edited March 11, 2023 by Loren Y

[Mike E 11,741]

13 minutes ago, Loren Y said:

Just to throw this out there for everyone. SS will be completely bankrupt and unable to pay anyone in about 10 years or so

No that’s not how SS works.

 

SS is funded by inflows from SS taxes.  When inflows exceed outflows, SS invests the surplus into the SS trust fund. When outflows exceed inflows, the trust fund is drawn down.

 

What is true is that in 10 years or so, the trust fund will be gone. After that, benefits will still be paid but if inflows exceed the entitled benefits, the benefits will be reduced.

 

As long as there are tax paying workers, the system will pay benefits.

 

per your link:

 

https://www.ssa.gov/OACT/TRSUM/index.html

 

“The Old-Age and Survivors Insurance (OASI) Trust Fund, which pays retirement and survivors benefits, will be able to pay scheduled benefits on a timely basis until 2034, one year later than reported last year. At that time, the fund's reserves will become depleted and continuing tax income will be sufficient to pay 77 percent of scheduled benefits.”

Edited March 11, 2023 by Mike E

[Boiler 45,733]

They will borrow or tax more

 

 

Lots of votes involved 

[Ontarkie 14,306]

~~Moved to Moving Here and Your New Life, from Bringing Family of USC - as the Topic is not an immigration process questions.~~

[HanaHana 1]

On 3/11/2023 at 6:06 PM, Crazy Cat said:

This might be helpful.

 

Medicare for Immigrants - General Immigration-Related Discussion - VisaJourney

Thank you. This definitely will be helpful given medical insurance in USA is pretty expensive, I heard.