Hi Larry, I am a non-US citizen nor have a green card. But my wife of 45 years is a U.S. citizen. We both live together in the US and my wife is 68 years old already and receives her social security pension. My wife never petitioned me and will NOT petition me as I made a serious mistakes to her in the past. She said she can forgive but cannot forget. Our children who are all US citizens would not petition me neither in obedience to their mother. I have an SSS card, but with a note "not valid for employment." But I was able to work for about 6 years and contributed SSS premium back in 1987 until mid-1990s. I have a statement of earnings for those years sent to me by SSS.. After that I worked off the books. With the permission of my wife we went to the SSS office near our place and I applied for spousal benefit. I was denied for the reason I am not a US citizen and do not have greencard. All the requirements were submitted except I cannot present a proof of legality stay in the U.S., although I presented to SSS my valid non-use passport. My wife told me I am still residing here in the U.S. and my presence is valid for the spousal benefit because she said in the social security website one time she read that if your husband or wife lives with you as long as he/she is present in the U.S. is qualified to receive spousal benefit. My wife said what she read about spousal benefit is silent about legal stay in the U.S but only said "currently residing in the U.S". My main question is CAN I STILL FURTHER APPEAL TO SSS FOR MY SPOUSAL BENEFIT DENIAL BASE ON THE REASON THAT i AM STILL MARRIED TO MY WIFE AND LIVES WITH HER IN SAME HOUSE AND ALSO MY PRESENCE HERE IN THE U.S.? My 2nd question is should I cannot really be entitled to SSS spousal benefit can I claim back the SSS premiums (paid by me and my past employer) in lieu of not getting spousal benefit?

Hi,

If you've filed for benefits and received a disallowance notice from Social Security you can file an appeal, but appeal requests must normally be filed within 60 days of the date of your disallowance notice. Appeals filed later than that can be dismissed without considering the facts of your case. So, if your disallowance notice was dated more than 60 days ago you might need to reapply for benefits in order to be able to pursue the appeals process (https://www.ssa.gov/pubs/EN-05-10041.pdf).

Just so that you're aware, though, you do need to either be a U.S. citizen, U.S. national or a lawfully admitted alien in order to be paid any type of Social Security benefits. That's been true since congress passed Public Law 104-193 in 1996 (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300204010).

The answer to your second question is no. Social Security taxes collected on earnings cannot be refunded in the event that the person who paid the taxes doesn't qualify for Social Security benefits.

Best, Jerry