Can your wife from Mexico be given rights to your SSI if you pass away?

My dad is sick and my stepsisters want to bring their mom over from Mexico in case he passes away so she can claim his SSI benefits. They have been separated for over 28 years. My dad left Mexico in the 70’s to provide for his family, a year later he found out his wife cheated and was dating got pregnant by another man while he was sending back money, so he brought over my stepsisters and brothers. Well since my dad never got divorced they are trying to get his wife across to the U.S. legally to take over his SSI. He is bound to get sicker if he sees her because of what she did years ago. Can she be legally brought over and take over?

Asked on July 13, 2012 under Immigration Law, California


SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

They can petition for her to come to the US if they are US citizens.  As far as his Social Security benefits, if he does not want her to have them, he can contact the social security administration and designate a person to receive them in the event of his death.

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