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Remote marriage and social security survivor benefits

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dagu

I'm not sure this is the best forum to ask, but I'll try.


I'm a U.S. citizen living in Japan. I'm a permanent resident here. I live with my same sex partner of 20 years. While eligible for U.S. social security I have not started taking retirement benefits. I will in a few years.


I would  like to ensure that my partner receives social security survivor benefits when I eventually pass away. He has never been to the U.S. And we cannot marry in Japan.


After checking all over the place, including reading social security info, it seems that this is possible:


  1. I can remotely marry my partner in the state of Utah which has become very open about allowing this over the last few years.
  2. While most foreign spouses of U.S. citizen must have resided in the U.S. for 5 years to become eligible for survivor benefits, there are a handful of exceptions, including Japan (see https://secure.ssa.gov/poms.nsf/lnx/0302610010).


So I think I can go through a remote marriage in Utah and as long as we are married at least 9 months my partner will be eligible for full survivor benefits when I eventually pass on.


Is that right? Any way to confirm for sure?


Thanks.

kurobune1852

Not a common situation so that must be why there are no responses.

Your questions all pertain to whether the U.S. recognizes sex same marriages for the purpose

of survivor benefits.

The U.S. Supreme Court decision in Obergefell v. Hodges in 2015, legalized same-sex marriage nationwide

and the US SSA recognizes them for survivor benefits.

The US SSA will recognize your marriage in any State.


Japan only comes into the picture because you and your partner live in Japan. The U.S. SSA will remit your SS benefits (as well as survivor benefits) to a bank account in Japan.


Bear in mind though, as you are a permanent redidence visa holder you will be responsible for reporting your US SSA benefits to the Japanese tax authorities as income. As will your partner in the future.

dagu

@kurobune1852 Thanks. Sorry for not following up here. But I did end up getting it all confirmed with the federal benefits unit at the embassy in Tokyo, and since then went through the marriage license and remote wedding process in Utah. So all is good!

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