SSN/K1 trouble :(

[*JG* 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?

Yep. Same thing for us. Had to wait for the green card to get it.

[Carlawarla 1]

Armed with your paperwork and policy I hope you have no trouble getting your card. It will say not authorized to work on it, but you'll be able to use it for say getting a library card, maybe opening a bank account.

Some offices know what's going on, others don't. Hope you get it straightened out. Let us know!

[Texanadian 10]

There is no box or area on the SS card application form to put single/married etc. So there would be nothing to change.

I think people are over complicating things. Take your passport with visa and I-94 in it. Print out the paper from VisaJourney where it says that K-1's are eligible for SS cards and head down to the SS office and apply. That's it.

Being married or still single is irrelevant. As long as your I-94 hasn't expired and won't expire in the next 2 weeks or so, you should be good to go.

[Abby-Ron 8]

There is no box or area on the SS card application form to put single/married etc. So there would be nothing to change.

I think people are over complicating things. Take your passport with visa and I-94 in it. Print out the paper from VisaJourney where it says that K-1's are eligible for SS cards and head down to the SS office and apply. That's it.

Being married or still single is irrelevant. As long as your I-94 hasn't expired and won't expire in the next 2 weeks or so, you should be good to go.

Actually had the same problem, if you are married, then SSA gives you lip if you are on K1 as apparently you are no longer a " valid fiance visa" as you are already done with your marriage, regardless if you had I-94 expired or not. But since we got married and applied for SSN on the same day, the person who check our documents said that he didnt have to accept them since we were out of status even if I-94 was still valid.. Remember, if you are on K1 visa, it automatically puts you in out of status once you marry.. So thats why people "complicate things".

[Abby-Ron 8]

Forgot to mention, you have to apply as "Single" if your already married but your I-94 cannot be expired. That is why we were approved for SSN after getting married since I was technically "out of status". So yes, by getting married it complicates things.. even if your I-94 is still valid...

[I'm Gone 60]

SSA policy is you have an I-94 establishing K-1 status and the I-94 can't be expired or within 14 days of expiring at the time they are clearing the application to assign the number or issuing a replacement card period.

The K-1 status is valid for 90 days, so that goes you 76 days. SSA has to first verify that status and if you pass the 76th day waiting for verification, you are out of luck, even if you applied before the 76th day.

The fact that you are married does not change SSA policy.

If the SSA office gives you any BS tell them to read the OIG report and look at POMS.

ASSIGNMENT OF SOCIAL SECURITY NUMBERS TO NONCITIZENS WITH FIANCÉ VISAS:

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

RM 00203.210 C. Procedure - Immigration Document as Evidence of Legal Name

When an alien applies for an SSN card, SSA presumes the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change (e.g., marriage) that occurred after the immigration document was issued.

RM 00203.210 Changing Numident Name Data:

http://policy.ssa.gov/poms.nsf/lnx/0100203210

RM 00203.735 Requesting Online (Primary) Verification By SAVE:

http://web.archive.org/web/20051002025945/.../lnx/0100203735

Note: If the applicant has changed his/her name after an immigration document, i.e. I-94, was issued, e.g., married and is now using the married name, but has not obtained a corrected immigration document showing the new name; this is not a name discrepancy for enumeration purposes, i.e. SAVE clearance, if the applicant can provide an acceptable legal name change document to establish the new name.

[Maeve 2]

We went back to the SSA office today, armed with all the evidence.

This time we got lucky though - got a very nice lady who looked at our application, glanced over the memo I handed her, and said, "Yup, you're still eligible." She did make a quick call to a supervisor or someone to double-check, but we had no problems!

We didn't get a card, obviously, but instead got a letter that said the SSA had to verify all Chris' information, which could take up to four weeks. Hopefully we don't run out of time before then!!

I'm very glad we didn't have to shove paperwork in someone's face and demand to see a supervisor and all that...but it seemed quite rediculous that the simple matter of getting a social security card seems to boil down to luck of the draw - whether you get a nice, well-informed individual or someone who's PMS-ing or just doesn't want to look anything up. Totally unfair. Besides, had we gotten the other woman, we wouldn't be in danger of running out of time to get the SSN now! So bloody annoying...

But we'll still be applying for the EAD (hopefully I get my papers from the IRS this week and we can *finally* file AOS), so even if we strike out this time, we can always go back later and get the SSN. It was just a matter of principle that I was so insistant on going back to try to get it a second time...

So I guess the moral of the story is that you *can* get the SSN post-marriage, but it can be a huge, huge hassle - best to go before and the sooner the better!!!

[Maeve 2]

Oh, and in case the second visit failed, we were planning to contact our senator for help.

FYI, as election season is fast-approaching, these guys and gals will just just about *anything* to ensure votes!!! Pass the word to other VJ-ers facing opposition from all these crazy government agencies - make good use of your senators and representatives!!! !!!

[I'm Gone 60]

We went back to the SSA office today, armed with all the evidence.

This time we got lucky though - got a very nice lady who looked at our application, glanced over the memo I handed her, and said, "Yup, you're still eligible." She did make a quick call to a supervisor or someone to double-check, but we had no problems!

Amazing that the second time they understood what's going on. Maybe they reread the procedure or someone showed it to them.

Edited September 8, 2008 by I Quit

[I'm Gone 60]

So I guess the moral of the story is that you *can* get the SSN post-marriage, but it can be a huge, huge hassle - best to go before and the sooner the better!!!

Or if you are a guy and no name change is involved, ditch the ring and keep your mouth shut.