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Adding foreign spouse to benefits?

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Abyss

Question

Hello, apologies if this is in the wrong forum.

I'm P&T TDIU and will be marrying a foreign woman in the near future, in Sweden specifically. We will marry in Sweden and then upon my return to the US I will file for her to be permitted to permanently immigrate here as my spouse. I looked at the application to add a dependent to my benefits (not going to submit until after the actual wedding) and I saw it requires her social security number. She does not have one as she has not been to the US yet, although she will obtain one in the future whenever she is entitled to it per our immigration laws. Will this prevent me from adding her as a dependent for the pay increase on my benefits, and/or slow down her eligibility for CHAMPVA once she does arrive here? Thank for any help you can provide.

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I think the SSN is not necessary if she is a foreign national at the time you claim her as a dependent.

 

See the CFR on this.

 

Except as provided in paragraph (a)(2) of this section, VA will accept, for the purpose of determining entitlement to benefits under laws administered by VA, the statement of a claimant as proof of marriage, dissolution of a marriage, birth of a child, or death of a dependent, provided that the statement contains: the date (month and year) and place of the event; the full name and relationship of the other person to the claimant; and, where the claimant's dependent child does not reside with the claimant, the name and address of the person who has custody of the child. In addition, a claimant must provide the social security number of any dependent on whose behalf he or she is seeking benefits (see § 3.216).

(2) VA shall require the types of evidence indicated in §§ 3.205 through 3.211 where: the claimant does not reside within a state; the claimant's statement on its face raises a question of its validity; the claimant's statement conflicts with other evidence of record; or, there is a reasonable indication, in the claimant's statement or otherwise, of fraud or misrepresentation of the relationship in question.

Edited by pwrslm
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