Can a Non-U.S. Citizen Spouse Get Social Security Benefits?
Yes, a non-citizen spouse can qualify for U.S. Social Security benefits—but only under certain conditions. This includes spousal benefits, survivor benefits, and sometimes even eligibility for a Social Security number. Whether they’re living in the U.S. or abroad, the rules vary depending on their legal status, age, country of residence, and how long they’ve been married to the benefit-earning spouse.
This guide answers the most common questions and helps you determine whether your non-U.S. spouse is eligible for benefits and how to protect them from losing those payments.
Quick Eligibility Summary
| Scenario | Eligible for Benefits? | Key Requirements |
| Non-citizen spouse living in the U.S. | Yes | Must meet age, marriage, and legal presence requirements |
| Lives abroad with 5+ years U.S. residency while married | Yes | No need to return to the U.S. |
| Lives in a totalization country | Yes | Benefits continue under international agreement |
| Lives abroad without exception | No | Payments typically suspended after 6 months |
| Lives in Cuba or North Korea | No | Payments permanently suspended |
| Lives in restricted country temporarily | No (but reclaimable) | Payments withheld but recoverable after relocating |
Who Qualifies for Social Security Spousal Benefits?
Social Security spousal benefits are available to eligible spouses based on their partner’s work history. These benefits are designed to provide financial support to individuals whose spouse has contributed to Social Security.
To qualify for spousal benefits, both U.S. citizen and non-U.S. citizen spouses generally need to meet the following criteria:
| Requirement | Details |
| U.S. spouse’s work history | Must have earned at least 40 work credits (10 years of contributions) |
| Age | Both spouses must be at least 62, unless caring for a child under 16 or disabled |
| Marital duration | Must have been married for at least one year (or less if spouse died in military service) |
| Legal status | Must be lawfully present in the U.S. or meet exceptions for overseas eligibility |
| Application | Must apply through SSA or a U.S. consulate/Federal Benefits Unit abroad |
If the non-citizen spouse also worked in the U.S. and qualifies based on their own record, they’ll receive whichever benefit is higher—but not both.
How Non-Citizens Get Social Security Numbers
Before claiming any Social Security benefits, your non-citizen spouse typically needs a Social Security number. Here’s the process:
Apply for the Social Security number as early as possible—don’t wait until you need to claim benefits.
Required Documents:
- Valid foreign passport with photo
- Current immigration documents (visa, I-94, I-551, etc.)
- Proof of work authorization (if applicable)
- Evidence of lawful alien status
Application Steps:
- Apply in person at your local Social Security Administration office
- Complete Form SS-5 (Application for a Social Security Card)
- Provide original documents (no photocopies accepted)
- Wait 10-14 business days for processing
2025 Update: The SSA paused its Enumeration Beyond Entry program on March 19, 2025. Non-citizens can no longer receive automatic Social Security number issuance and must now apply in person.
Can My Non-Citizen Spouse Get Social Security While Living Abroad?
If your non-citizen spouse lives outside the U.S. for more than six months, their benefits may be suspended—unless they qualify for an exception.
Exceptions to the Six-Month Residence Rule
| Situation | Can Receive Benefits Abroad? | Notes |
| Lived in the U.S. for 5+ years while married | Yes | The 5 years must be while married to the U.S. citizen |
| Citizen or resident of a Totalization country | Yes | Countries include UK, Canada, Germany, Japan, and others |
| Citizen of approved countries | Yes | Some countries are eligible even without a totalization agreement |
| Living in Cuba or North Korea | No | Payments suspended and not recoverable |
| Living in Central Asian/Eastern European restricted countries | Temporarily | Payments withheld but can be reclaimed after moving out |
Use the SSA’s Payment Abroad Tool to check your spouse’s eligibility by country.
Need to file U.S. taxes while claiming SSA benefits abroad? Follow our U.S. expat tax filing guide for 2025.
Can a Non-Citizen Spouse Receive Survivor Benefits?
Yes, non-citizen spouses can receive survivor benefits if the U.S. citizen spouse passes away. Survivor benefits are often higher than spousal benefits and provide much-needed financial support.
| Requirement | Details |
| Marriage duration | Must have been married for at least 9 months |
| Age | Must be 60+, or 50+ if disabled, or caring for a qualifying child |
| U.S. spouse’s work history | The deceased spouse must have qualified for Social Security |
| Residency rules | Same six-month and country restrictions apply for spouses abroad |
Special Considerations for Complex Situations: If your spouse also has foreign pension income, understand how this may affect their Social Security benefits through the Windfall Elimination Provision, which can reduce benefits for those receiving pensions from non-US employment.
Key Point: If your spouse dies and you’re receiving both your own Social Security benefits and survivor benefits, you cannot keep both. You’ll receive whichever amount is higher.
While Social Security benefits cannot be excluded using the Foreign Earned Income Exclusion (FEIE), understanding how these two systems work together is crucial for comprehensive tax planning.
Planning Tip: If you’re working abroad and paying into foreign social security systems, learn more about how expats navigate Social Security contributions to avoid double taxation.
Does Dual Citizenship Affect Social Security Benefits?
Having dual citizenship generally does not disqualify you from Social Security benefits, but it may impact:
Tax Considerations:
- You may owe taxes to both countries on your Social Security income
- Tax treaties between countries can reduce or eliminate double taxation
- Different countries have varying tax rates on Social Security benefits
- Understanding your complete U.S. expat tax obligations and available tax deductions and credits for expats can help minimize your overall tax burden
Documentation Requirements:
- You may need to provide additional paperwork for both countries
- Some countries require notification of foreign government benefits
- Record-keeping becomes more complex
Benefit Calculation:
- Dual citizenship itself doesn’t change benefit amounts
- However, work in other countries under totalization agreements may affect calculations
Consult with a tax professional familiar with international tax law to understand your specific obligations and available strategies for avoiding double taxation.
What Are Totalization Agreements?
The U.S. has Social Security agreements with over 30 countries that provide significant advantages for non-citizen spouses:
- United Kingdom
- Canada
- Germany
- Australia
- Japan
- South Korea
- Switzerland
- France
- Italy
- Spain
Benefits of Totalization Agreements:
- Waive the 5-year U.S. residency requirement
- Coordinate benefit coverage between countries
- Allow benefits to be paid abroad
- May combine work credits from both countries
For example, US expats in the UK benefit from both totalization agreements and specific US tax obligations in the UK that can reduce their overall tax burden.
Want to understand how totalization agreements work in practice? Read our comprehensive guide: How Do Totalization Agreements Affect Your Expat Taxes?
Learn more about totalization agreements and full country list.
Are Benefits Taxed for Non-Citizen Spouses?
Yes. U.S. Social Security benefits may be taxable, even for non-citizens living abroad.
Tax Liability Depends On:
- Total household income
- Country of residence
- Existing tax treaties
- Filing status
Potential Tax Relief:
- Tax treaties with many countries reduce or eliminate Social Security taxation
- Foreign tax credits may offset U.S. tax obligations
- Proper planning can minimize overall tax burden
Don’t guess about your tax obligations—understanding your complete tax picture including available tax deductions and credits for expats can help you avoid double taxation and stay compliant. Get expert help.
2025 SSA Policy Changes & Enforcement
Recent policy changes affect non-citizen spouses claiming benefits:
Stricter Overseas Oversight:
- Enhanced documentation checks for overseas beneficiaries
- Faster suspension for delayed proof-of-life responses
- More frequent verification requirements
Identity Verification Requirements (Effective March 31, 2025):
- In-person or enhanced online identity checks required
- Applies to direct-deposit changes and new benefit claims
- May create challenges for expat applicants
Social Security Number Changes:
- Enumeration Beyond Entry program paused (March 19, 2025)
- No more automatic SSN issuance for immigrants
- All applications now require in-person visits
Action Items for Expats
- Respond to all SSA requests promptly with tracking
- Keep copies of all submitted documentation
- Use My Social Security online portal when possible
- Apply for Social Security numbers early—don’t wait
- Maintain compliance with other required tax forms for expats and FBAR filing requirements if you have foreign accounts
- Always respond to SSA requests promptly, with tracking and kept copies
- Use My Social Security online or local field offices to meet new identity requirements
- Obtain/renew a Social Security number early—don’t rely on automatic issuance
- Always respond to SSA requests promptly, with tracking and kept copies
- Use My Social Security online or local field offices to meet new identity requirements
- Obtain/renew a Social Security number early—don’t rely on automatic issuance
Proof of Life vs. Proof of Residency: What Expats Must Know
The SSA and IRS have different documentation requirements that can confuse expats:
SSA “Proof of Life” Requirements:
- Verify continued eligibility for benefits
- Confirm identity and current status
- May require periodic check-ins
IRS “Proof of Foreign Residency” Requirements:
- Needed for Foreign Earned Income Exclusion (FEIE)
- Required to avoid double taxation
- Different documentation standards
Documents Expats May Need:
- Foreign tax returns
- Visa or long-term residency permits
- Foreign utility bills or bank statements
- Lease or mortgage documents abroad
- Proof of travel dates (for Physical Presence Test)
- Marriage certificates and divorce decrees
- Birth certificates for dependent children
Consider how your residency status affects both Social Security eligibility and your state tax obligations while living abroad.
Frequently Asked Questions
Can my non-citizen spouse receive Social Security while living abroad?
Yes, if they meet age, marriage duration, and legal presence requirements. Your spouse can receive spousal benefits based on your work record or their own benefits if they worked in the U.S.
Do they need their own Social Security number?
Yes. A Social Security number is generally required to receive any Social Security benefit. Your spouse must apply in person at an SSA office.
What if my spouse also worked in the U.S.?
They’ll receive either their own benefit or the spousal/survivor benefit—whichever amount is higher. They cannot receive both simultaneously.
Will benefits resume if they return to the U.S.?
Yes. If benefits were suspended due to foreign residence, they can resume after your spouse is physically present in the U.S. for one full calendar month.
Can a non-citizen get Social Security benefits from a deceased spouse?
Yes, survivor benefits are available to non-citizen spouses who meet marriage duration, age, and residency requirements. These benefits are often higher than spousal benefits.
Does dual citizenship affect Social Security benefits?
Dual citizenship itself doesn’t disqualify you from benefits, but it may create additional tax obligations and documentation requirements in both countries.
Can my non-citizen spouse collect Social Security while living abroad?
Only if they qualify for an exception, such as living in a totalization agreement country or having resided in the U.S. for 5+ years while married to you.
Next Steps: Protect Your Spouse’s Benefits
Plan Ahead: If your non-citizen spouse plans to live abroad, research whether your destination country qualifies for continued benefit payments.
Understand Tax Implications: Social Security benefits may be subject to taxation in multiple countries. Understanding your complete U.S. expat tax obligations and available tax deductions and credits for expats can help minimize your overall tax burden.
Get Expert Help: Navigating Social Security rules for non-citizen spouses involves complex regulations that change frequently. Our team specializes in helping American expats and their spouses understand these requirements.
At Greenback Expat Tax Services, we specialize in helping expats around the world manage their US tax obligations. Just contact us, and we’ll be happy to answer any questions you have.
