SS For Step Daughter

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OnMyWay
Posted
Posted

This was brought up in another topic and I was curious to get more detail, so I e-mailed SS at Manila.  Here is my e-mail and the response.  Basically I think she is saying the the step-daughter has to comply with the same rules as the wife.  What she is saying about adoption strikes me as strange.  Must be adopted in the U.S.?

Hello,

I am a U.S. citizen living in the Philippines.  I am married to a Filipina and we have 3 children.

2 children are dual U.S. and Filipino citizens.  The 3rd is my step-child, a Filipino citizen, and I have provided 100% of her support for 5 years now.

On the SSA website, I can find information supporting the fact that my wife can't collect a SS benefit from my account unless she meets the 5 year U.S. residency and relationship requirements.

However, I can't find anything that says my Filipino step-child can't collect a benefit from my account.  Can my Filipino step-child be eligible for a benefit from my account?

Regards,

Mr. xxxx,

Thank you for your email.

Same rule applies to your child. Also, your child needs to be adopted in the US.

Thank you 

Ana Loreta A. Arroyo

Claims Examiner

SOCIAL SECURITY ADMINISTRATION

US EMBASSY Manila, 1201 Roxas Boulevard

Ermita 0930 Philippines

Tel no: (02) 301-2000 extension 2565

Fax no: (02) 708-9714 or (02) 708-9723

 

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intrepid
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Several years back I did some researching on this because we were considering to adopt here in the Philippines once we got settled.  I finally stopped in our local SSA office back in the states.  I was told then before the adopted child could receive any SS benefits under my account the child would have to live in the states for five years.  I had explained the adoption would take place in the Philippines.  He never mentioned anything about the adoption needing to take place in the states.  That was 4-5 years ago and of course the rules could have easily changed several times since then.  Didn't matter much anyway since I don't plan on living in the states any time soon.

 

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AlwaysRt
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Posted
12 hours ago, OnMyWay said:

Same rule applies to your child. Also, your child needs to be adopted in the US.

Maybe this was just bad English as I do not see how the US could/would ignore an official adoption. Perhaps she meant 'In the US, for a stepchild to recieve benefits, the child needs to be adopted.'

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OnMyWay
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18 minutes ago, AlwaysRt said:

Maybe this was just bad English as I do not see how the US could/would ignore an official adoption. Perhaps she meant 'In the US, for a stepchild to recieve benefits, the child needs to be adopted.'

Yes, maybe.  I don't really want to follow up as it is not that important to me at this point.

The one I want to inquire about next is if my Filipina wife can collect some SS, not because she is my wife, but because she is the "caregiver" to my children.  It was mentioned in another thread and I have been looking for info.  No luck yet.

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roddavis
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Posted
1 hour ago, OnMyWay said:

Yes, maybe.  I don't really want to follow up as it is not that important to me at this point.

The one I want to inquire about next is if my Filipina wife can collect some SS, not because she is my wife, but because she is the "caregiver" to my children.  It was mentioned in another thread and I have been looking for info.  No luck yet.

https://www.ssa.gov/forms/ssa-4.html

I am going thru this right now. See link and attached doc for adopted/step children. Nothing said about 5 years in the USA. I have heard that the wife or caregiver is also covered. I read it in one of the SSA docs(just a one liner). I will try to find it again.

EN-05-10085 (1).pdf

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AlwaysRt
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Just now, roddavis said:

https://www.ssa.gov/forms/ssa-4.html

I am going thru this right now. See link and attached doc for adopted/step children. Nothing said about 5 years in the USA. I have heard that the wife or caregiver is also covered. I read it in one of the SSA docs(just a one liner). I will try to find it again.

EN-05-10085 (1).pdf

Are you saying the wife/caregiver gets a benefit or they can recieve the benefit of the children? I think a non US spouse/caregiver can recieve benefits due the child, based off memory so I don't have a link to verify. 

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OnMyWay
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9 minutes ago, roddavis said:

https://www.ssa.gov/forms/ssa-4.html

I am going thru this right now. See link and attached doc for adopted/step children. Nothing said about 5 years in the USA. I have heard that the wife or caregiver is also covered. I read it in one of the SSA docs(just a one liner). I will try to find it again.

EN-05-10085 (1).pdf

Yes, your previous post mentioned the caregiver aspect and that got me searching around.  I can't find anything definitive, but I saw that page you linked, and it says one of the requirements is:

Proof of U.S. citizenship or lawful alien status if you were not born in the United States

So I suspect the caregiver needs to meet the same requirements that a spouse has to meet to receive spousal benefits.

Please post any new info you can find.

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