Hi, Larry. I have a rather odd SS survivor benefits question for you. I am asking this on behalf of my girlfriend Sofi [she] who lives in Baja Mexico. She is 52 years old.

She was married legally to a USA citizen and veteran for well over 20+ years. He [Joe] was getting SS retirement benefits and veterans benefits for 20 + years during their marriage. They stayed together until he turned about 84, when he went into a nursing home in San Diego Ca. I observed them over this time, and I can say that their marriage was valid and a true relationship. No sham marriage here.

They were married in Larado Tx about 25 years ago. She was deported to Mexico about that same time, about a year after the marriage ceremony . She still has her marriage certificate from that time in Larado Tx.
Both spouses [Joe and Sofi] moved to Baja Mx soon after her deportation. They lived continuously as husband and wife for all of this duration., until he entered into a nursing home due to poor health in San Diego at age 84, and died in the nursing home about 2 years later.

She is not eligible to enter the USA because of her deportation some 25 years ago. Sofi is not a USA citizen, she is a Mexican Citizen.

My question is: 1. Is sofi eligible for survivor benefits, and if so, at what age?
2. What kind of documentation will she need to prove her marriage and good faith relationship with Joe?
3. Is it going to be a problem that she can't enter the USA to claim her benefits? 4. Can she receive her benefit check while living in Mexico?

Hi. Based on your description, it doesn't sound like Sofi could qualify to receive survivor benefits. In order to meet the requirements to be paid survivor benefits, Sofi would likely need to have lived with her husband in the U.S. for at least 5 years.

If Sofi does meet the other requirements for survivor benefits, then assuming that she doesn't have an eligible child in her care the earliest that she could qualify is at age 60, or at age 50 if she's disabled (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0401.html). I don't have enough details to give you a definite answer about Sofi's eligibility, so when she meets the age requirement she should strongly consider applying for benefits in order to get a formal determination of her eligibility. For more information about filing for U.S. Social Security benefits while living outside of the U.S., refer to the following Social Security website: https://www.ssa.gov/foreign/foreign.htm.

Best, Jerry