Hello sir I hope you can clarify: I am a citizen of the U.S and married a Brazilian non citizen who lives in the U.S illegally. She was brought here by her mother who never applied for her to become a citizen. In Newyork she is covered by my health benefits. However when I die will she get my social security benefits? I would like to make her a citizen but have been told she would have to return to her country and apply from there.
Hi. Since 1996, people living in the U.S. must be lawfully present here in order to be paid Social Security benefits (https://secure.ssa.gov/poms.nsf/lnx/0300204010). Therefore, your wife couldn't be paid Social Security benefits while she's residing in the U.S. illegally.
Best, Jerry