SSN/K1 trouble :(

[Maeve 2]

So hubby and I went down the to SSA office to try to get him a SSN. We didn't really have time to do so before the wedding as there was too much going on, and I'd heard from many people here on VJ that were able to get theirs post-nuptuals without issue.

Well....apparently it *was* an issue! The woman at the office flat-out refused to give us a SSN since, by her reasoning, the fact that we were already married somehow meant that our K-1 visa had somehow switched over to a K-3 (#######????) and that required an EAD (which we hadn't intended to apply for since it's an extra $340 and hubby wants to join the military, which requires a green card anyway.) I'm sure to them it makes sense, but to us it seemed totally rediculous as the only thing that's changed is his marital status (and what if it was me who needed the SSN and had to bring in my marriage certificate to change my name???)

I went back here on VJ and found a couple threads where people had just gone in a couple weeks ago and got theirs with no problems, as well as the memo in the guides about how an EAD isn't required for a K-1 to get a SSN. So I called the SSA (and waited *forever* in their awful, awful animated phone system) who were of very little help and told me to contact Homeland Security (the department that the SSA is supposed to be under now, right??) or go to the local office and talk with a manager. So I called the local office and when I *finally* got a real person, they basically told me the same thing. The guy went to talk to his manager, who said that they'd check with their head office in Atlanta and get back to me. Yeah, right.

So...hubby and I have pretty much decided to go in tomorrow and not leave until we get what we want. Hopefully that works...But if it doesn't, I guess we'll have to make a drive to Louisville and go see USCIS

Does anybody else have/had this problem? Did it get resolved?

Does anyone have any more current and concrete evidence I could bring with me?

[belinda63 3,038]

OMG when u said drive into Louisville my heart hit the floor. Did you mean as in Kentucky? Plz say not as my SO is due in three weeks and we will be getting married ASAP and do not need any problems with getting the social security card.

BTW when u file for AOS it is one fee for the green card, EAD, and advance parole., I understand the need for the SSN but you might as well apply for the EAD since you are paying for it.

[Maeve 2]

belinda63 - yeah, I live in Lexington. I'd suggest going to get the SSN the exact second (or as near as possible) your SO gets into the country! I know it sucks trying to plan a wedding on short notice, but if everything's in order the process is a really quick one.

btw, I'm pretty certain that there are separate fees for everything; the AOS paperwork has its own, as do AP and the EAD...Anyone know for certain?

[Old Dominion 26]

So hubby and I went down the to SSA office to try to get him a SSN. We didn't really have time to do so before the wedding as there was too much going on, and I'd heard from many people here on VJ that were able to get theirs post-nuptuals without issue.

Well....apparently it *was* an issue! The woman at the office flat-out refused to give us a SSN since, by her reasoning, the fact that we were already married somehow meant that our K-1 visa had somehow switched over to a K-3 (#######????) and that required an EAD (which we hadn't intended to apply for since it's an extra $340 and hubby wants to join the military, which requires a green card anyway.) I'm sure to them it makes sense, but to us it seemed totally rediculous as the only thing that's changed is his marital status (and what if it was me who needed the SSN and had to bring in my marriage certificate to change my name???)

I went back here on VJ and found a couple threads where people had just gone in a couple weeks ago and got theirs with no problems, as well as the memo in the guides about how an EAD isn't required for a K-1 to get a SSN. So I called the SSA (and waited *forever* in their awful, awful animated phone system) who were of very little help and told me to contact Homeland Security (the department that the SSA is supposed to be under now, right??) or go to the local office and talk with a manager. So I called the local office and when I *finally* got a real person, they basically told me the same thing. The guy went to talk to his manager, who said that they'd check with their head office in Atlanta and get back to me. Yeah, right.

So...hubby and I have pretty much decided to go in tomorrow and not leave until we get what we want. Hopefully that works...But if it doesn't, I guess we'll have to make a drive to Louisville and go see USCIS

Does anybody else have/had this problem? Did it get resolved?

Does anyone have any more current and concrete evidence I could bring with me?

The Social Security Administration is NOT a part of the Department of Homeland Security. So, USCIS can do nothing at all to change the answer you received at SSA. Get your member of Congress involved....they all have their way of getting action from SSA so long as it's within the regulations. By the way, the regs at SSA got changed a year or so ago, to make it almost impossible for an illegal alien to get a SSN.

[Maeve 2]

By the way, the regs at SSA got changed a year or so ago, to make it almost impossible for an illegal alien to get a SSN.

Well that's good at least There are few things more infuraiting than jumping through all these legal immigration hoops when there are tons and tons of illegals who can get jobs and free healthcare and all that.

[Cassie 8]

go to the Social Security office, armed with a copy of the memo that proves that what that lady told you is wrong. If you don't get satisfaction, speak to a manager or go to another office. The woman you spoke to is completely wrong.

Search posts by the VJ member IQuit for more info.

I went a month after I was married and had no difficulties at all. You need to wait at least 2 weeks after entering the US before going to get the SSN card, to give the system time for your information to get into the SAVE system.

[Maeve 2]

go to the Social Security office, armed with a copy of the memo that proves that what that lady told you is wrong. If you don't get satisfaction, speak to a manager or go to another office. The woman you spoke to is completely wrong.

Search posts by the VJ member IQuit for more info.

I went a month after I was married and had no difficulties at all. You need to wait at least 2 weeks after entering the US before going to get the SSN card, to give the system time for your information to get into the SAVE system.

Thanks for the help! I found a few more things to print off and take in. Also noticed how someone mentioned that, if a K-1 holder gets a SSN and then doesn't end up marrying their fiance, how would that situation work?? It's a bit of an oversight, I'd say...

[I'm Gone 60]

I calculate he's been here 62 days as of 09/05/2008, so you don't have a lot of time to be screwing around. I would say if possible try another SSA office, ditch the wedding ring and don't say anything about getting married.

If you are stuck with that office send an e-mail to SSA

http://www.ssa.gov/feedback/

Explain everything in the e-mail and be sure to include your phone number and the SSA office where this happened. In the meantime you can try going back to the office and try reasoning with the office manager. Explain that a K-1 doesn't become a K-3 after getting married. That they are two complete different visa catagories and with a K-3 you come into the country already married.

The other thing is that even if they accept the application, his status still needs to be verified and that could push things past the 76 day point and then he will need an EAD card.

[I'm Gone 60]

My mistake read too fast and didn't see the illegal part.

Edited September 5, 2008 by I Quit

[Maeve 2]

I calculate he's been here 62 days as of 09/05/2008, so you don't have a lot of time to be screwing around. I would say if possible try another SSA office, ditch the wedding ring and don't say anything about getting married.

We had thought about doing that, actually...Might be a good idea

We do plan on going back to the office tomorrow and talking to a supervisor as I'm betting that the offer to check and call me back was jsut their way of getting me off the phone.

The other thing is that even if they accept the application, his status still needs to be verified and that could push things past the 76 day point and then he will need an EAD card.

Enh...guess we'd better go ahead and apply for one anyway, then? Ugh...That's like an extra month's rent.

[Laura+Tom 2]

btw, I'm pretty certain that there are separate fees for everything; the AOS paperwork has its own, as do AP and the EAD...Anyone know for certain?

Not sure if anyone answered this but if you file the AOS and EAD together you only pay the AOS fees.

[vichygurl 1]

I am in K1 and got my SSN with no sweat! I just brought with me my passport stating that I-94 is not yet expired and our marriage license. Your husband can get his SSN and yeah as others said... armed yourself with evidences. Some of those people don't have any idea about a K1 visa.

Good luck!

Vida Taylor

[RaTBoX 1]

btw, I'm pretty certain that there are separate fees for everything; the AOS paperwork has its own, as do AP and the EAD...Anyone know for certain?

Not sure if anyone answered this but if you file the AOS and EAD together you only pay the AOS fees.

As long as you filed the I-485 after July 31st 2007 then the EAD application is free. You can either send I-765 in the same package as the I-485, or if you want to do it at a late date, you send I-765 in with a copy of the NOA1 for the I-485 (which proves you've paid the I-485 fee). The $1010 is for AoS and the filing of I-485 allows you to file I-131 and I-765 for free if you want them.

[carr_122 0]

Hi,

Not to rain on your parade, and I do wish you the very best of luck in getting the SSN, but we were told by DHS at the POE that as a K1 holder, I had to apply for my SSN about 3 weeks after entering the U.S., BEFORE getting married, so that my K1 visa is still valid, and that once we get married, the marriage nullifies the K1 visa, so that it cannot be used as a form of identification. So that's what we did. We were also told that once we got married, we had to go back to the Social Security office, with my SSN card, and the marriage certificate to change my status to married.

So far, everything is going exactly as the DHS officer told us.

I hope it all works out for you!

[I'm Gone 60]

Hi,

Not to rain on your parade, and I do wish you the very best of luck in getting the SSN, but we were told by DHS at the POE that as a K1 holder, I had to apply for my SSN about 3 weeks after entering the U.S., BEFORE getting married, so that my K1 visa is still valid, and that once we get married, the marriage nullifies the K1 visa, so that it cannot be used as a form of identification. So that's what we did. We were also told that once we got married, we had to go back to the Social Security office, with my SSN card, and the marriage certificate to change my status to married.

You don't take SSA SSN policy info from DHS, just like you don't take immigration policy, i.e. K-1s become K-3s, from SSA.

This explains things in detail and nothing has changed at SSA since the report was issued.

http://www.ssa.gov/oig/ADOBEPDF/audittxt/A-08-07-17044.htm

You only have to go to SSA if you are changing your name and plan to work using that name. There is NO married status change with SSA that needs to be done.