Use a previous holding-out determination as evidence of the spousal relationship when
the holding-out spouse is deceased. Determine that a holding-out relationship existed
SSA had previously developed the holding-out relationship;
the alien and the spouse were determined to be in a holding-out relationship before
the holding-out spouse died; and
the relationship had not ended before the death of the holding-out spouse.
Evidence of SSA's determination includes the signed statements of both individuals
from a prior SSI file that they held themselves out to the community as each other's
spouse, copies of records used to document the relationship (joint rental agreement,
mortgage or utility bills, etc.), or a printout of the SSR (e.g., a SSID) showing
the individual on the alien's record as the alien's eligible or ineligible spouse.
Accept the alien's allegation that they remained in a holding-out relationship until
the individual's death in the absence of any evidence to the contrary.
IMPORTANT: Do not retroactively develop a holding-out relationship for an alien and a deceased
holding-out spouse. A holding-out relationship is not possible if at the time the
holding-out determination is being made, the holding-out spouse is deceased since
a signed statement by the holding-out spouse cannot be obtained as required in SI 00501.152C.1.
NOTE: For purposes of determining whether an alien may qualify as the spouse of a deceased
veteran or an active duty service member who died while serving in active duty in
the Armed Forces of the U.S., the relationship must meet certain requirements and
the surviving spouse must not have remarried. See SI 00502.140A.7.