How Many Americans?

[Gator]

8 hours ago, Ram1957 said:

Actually the foreign address is what triggers the Annual Report. I have my bank account in the states and get the annual report letter every year.

Are you also still using an address the USA as your primary residence? 

[mountainside]

7 hours ago, OnMyWay said:

A key reason why we are moving to the U.S. is so that my wife can get SS on my account, which requires 5 years residency.

We moved to the US, in part, for the same reason.  We've been here now for three years and ten months.  As you know, US citizenship would lock in the pension for her. Backlogs for naturalization have recently decreased significantly in our area.  Wife may well become a US citizen before our five years comes up.  Then the world would open up for us.  First stop?  Extended stay in the Philippines, with a visit to our friends in Binictican. 

[Ram1957]

11 hours ago, Gator said:

Are you also still using an address the USA as your primary residence? 

No using my Philippine address.

[OnMyWay]

8 hours ago, mountainside said:

As you know, US citizenship would lock in the pension for her.

Actually I am not aware of that.  As far as I know, the 5 year residency rule for the SS still applies even after getting citizenship.  Do you have a reference?  That could make a difference in our planning.

[Mike J]

52 minutes ago, OnMyWay said:

Actually I am not aware of that.  As far as I know, the 5 year residency rule for the SS still applies even after getting citizenship.  Do you have a reference?  That could make a difference in our planning.

Here is a reference to the law.  It states that the rule applies to "aliens".  The rule would not apply if your spouse were a US citizen.  Note - red highlight added by me.

https://secure.ssa.gov/poms.nsf/lnx/0302610025

<snip>

In 1983 the Social Security Act was amended (P.L. 98-21) section 340 to include an additional provision regarding the payment of Social Security benefits to aliens outside the U.S. Section 202(t)(11) of the Social Security Act requires that certain non-U.S. citizen dependent and survivor beneficiaries who are first eligible for Social Security Benefits after December 1984, must have resided in the U.S. for at least 5 years as the spouse, widow/widower, child, or parent of the NH, in order to receive U.S. benefits while outside the U.S.. See RS 02610.030 - 5 Year Residency Requirements for Spouses, Natural Child, Adopted Child, and a Parent

Beginning in January 1985, the alien nonpayment provision requires that certain alien beneficiaries entitled to dependent or survivor benefits must meet a U.S. residency requirement in addition to meeting exceptions:

<end snip>

[mountainside]

1 hour ago, OnMyWay said:

Actually I am not aware of that.  As far as I know, the 5 year residency rule for the SS still applies even after getting citizenship.  Do you have a reference?  That could make a difference in our planning.

I initially held the same belief as you.  It wasn't until we'd been in the States for a while that I came to learn that the 5 year rule applies only to alien non-US citizens.  https://secure.ssa.gov/poms.nsf/lnx/0302610025  Here's another Social Security link that touches more generally on the subject:  https://blog.ssa.gov/social-security-benefits-u-s-citizens-outside-the-united-states/comment-page-1/#comments

I see now that Mike J beat me to it by a few minutes.  It's nice to know that we've come to the same conclusion.  It's not something folks in your or my situations want to get wrong . . .

Edited February 26, 2023 by mountainside

[OnMyWay]

1 hour ago, mountainside said:

I initially held the same belief as you.  It wasn't until we'd been in the States for a while that I came to learn that the 5 year rule applies only to alien non-US citizens.  https://secure.ssa.gov/poms.nsf/lnx/0302610025  Here's another Social Security link that touches more generally on the subject:  https://blog.ssa.gov/social-security-benefits-u-s-citizens-outside-the-united-states/comment-page-1/#comments

I see now that Mike J beat me to it by a few minutes.  It's nice to know that we've come to the same conclusion.  It's not something folks in your or my situations want to get wrong . . .

@Mike J @mountainside Thanks, I never thought of the alien aspect of those rules but it is logical.  I doubt that it will impact us, but you never know.  We plan on my wife and step-daughter applying for citizenship ASAP, which I think is ~ 3 years.

[mountainside]

5 minutes ago, OnMyWay said:

We plan on my wife and step-daughter applying for citizenship ASAP, which I think is ~ 3 years.

Don't know about your step-daughter, but your wife can apply at the three-year mark.  Actually, she can apply (I think) up to nine months in advance of the three-year mark.  That way, once the three-year mark is hit, everything will be in place for a biometrics appointment.  Possibly, too, her physical immigration file will have been retrieved from the limestone caves by the three-year mark and will have been sent to the USCIS office for your physical location.  As I guess you know, there are significant differences in processing times among the various offices.  Here's a link with some info: https://www.visajourney.com/timeline/citlist.php?cfl=0&op1=6&op2=&op3=&op4=1&op5=5,10,11&op6=All&op7=All

[KC813]

Following up on mountainside’s comments, your wife will be able to file for Naturalization up to 90 days early (3 years of Permanent Residence minus 90 days).

Your stepdaughter is a little more complicated, depending on her age.  If she is also a Permanent Resident and still under 18 on the day when her mother becomes a naturalized citizen, then the daughter automatically becomes a US citizen.  Of course she will still need to apply for documents to prove citizenship, but that is a different conversation.  

If the daughter is 18 or over, she will have to wait 5 years (minus 90 days) to apply for her Naturalization.  So depending on her age, this may have an effect on your future plans.

There are more twists and turns, but that is the basics.  Sorry for drawing us further off topic.