Colombia Expat Forum

JustSomeGuy
Joined 2018
Posts: 1071

5 years ago

Social Security and a Colombian spouse

5 years ago

Here is what I think is correct concerning Social Security and a non-US citizen, non-green card holding Colombian spouse. If you and your Colombian spouse lived together in the United States for at least 5 years in total then you can live in Colombia and your spouse can collect Social Security on your earnings record. If you haven’t done that then there are other exceptions you might use but they aren’t convenient, like moving to Chile (or 107.2 country), for instance or your wife can move the the USA after you die to get her 5 years in, not ideal.

You can read the unabridged version at:
https://www.ssa.gov/OP_Home%2Fhandbook/handbook.18/handbook-1845.html
and -1846,
To see different sections of the SSA handbook use the arrow near the upper right corner.

1845.1 What Are The Exceptions To The Alien Nonpayment Provision?
B. The alien beneficiary:
5. Is a citizen of a foreign country that has social insurance
1845.2 What Countries Have Social Insurance?
-- Colombia

1846 Limitations on Use of Certain Exceptions
1846.2 What Limitations To The Exceptions Apply
The exceptions listed in §§1845 (B.5) cannot be applied to an alien entitled to spouse or child (auxiliary) or survivor benefits unless certain residency requirements are met. The auxiliary or survivor must have:
A Resided in the U.S. for a total period of at least five years; and
B Had a relationship during the five-year period with the worker as a parent, a child, or one or more of the following:
1 Spouse;
2 Widow(er);
3 Divorced spouse; or
4 Surviving divorced spouse.
Note: The U.S. residency requirements do not apply to aliens who are citizens or residents of a country with which the U.S. has an international social security agreement (see §107) except for Australian citizens who do not reside in an agreement country and Danish citizens who do not reside in an agreement country.

107.2
Australia (2002), Austria (1991), Belgium (1984), Canada (1984), Chile (2001), Czech Republic (2009), Denmark (2008), Finland (1992), France (1988), Germany (1979), Greece (1994), Ireland (1993), Italy (1978), Japan (2005), Luxembourg (1993), the Netherlands (1990), Norway (1984), Poland (2009), Portugal (1989), South Korea (2001), Spain (1988), Sweden (1987), Switzerland (1980), and the United Kingdom (1985).

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