Trying to apply for SSN

[SteveNanik 0]

I went into the Social Security office with my wife today and was told that she could not apply for a ssn because her status is changed now that we are married. They told us that she is now on a K3 status? is this true? I dont understand how that works if the visa that we applied for was a k1. Any information would be appreciated

[I'm Gone 60]

I went into the Social Security office with my wife today and was told that she could not apply for a ssn because her status is changed now that we are married. They told us that she is now on a K3 status? is this true? I dont understand how that works if the visa that we applied for was a k1. Any information would be appreciated

That's totally wrong. You don't become a K-3 when you get married with a K-1.

The thing I see that could be a problem is how long your wife has been here as a K-1?

SSA will not assign an SSN or issue a card if her status has expired or is within 14 days of expiring.

K-1 status is good for 90 days, so that only gives her 76 days to be assigned an SSN and issued a card. After that time she will need an EAD or I-551 card to establish authorization to work. Before that time the

I-94 showing K-1 status is the document that establishes authorization to work for SSN purposes.

The status/documents of all aliens must be verified before SSA will assign an SSN and/or issue a card and the 14 day limit applies even if she passes the 76th day while waiting for her status to be verified.

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

RM 00203.210 Changing Numident Data

a. Bride Takes Groom’s Last Name

In all 50 U.S. States (this means the 50 States, Washington, D.C., Puerto Rico, U.S. Virgin Islands,

Guam, Northern Mariana Islands, and American Samoa) the bride may take her husband's last name

(surname or family name) as her new last name. (EXAMPLE: Jane Doe married John Jones and she may

change her name to Jane Jones.)

Interim Guidance: If the bride wants to take her husband's last name, accept the marriage document

as a legal name change for the bride if the new name can be derived from the marriage document; even

if the marriage document only shows each partner's first names, the bride's prior surname and

husband's surname. The marriage document alone can be accepted as evidence of identity for both the

old and new names when it meets the criteria described in RM 00203.200G.2.

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http://policy.ssa.gov/poms.nsf/lnx/0100203200#G2

2. Determine if the ID Document Has Required Information

Ask the applicant to submit one or more documents that show the person's name AND provide:

Biographical information in addition to the person's name that the reviewer can compare with the

data on the SS-5 (e.g., date of birth, age, or parents' names) and/or

Physical information that the reviewer can compare with the applicant (e.g., physical description,

photograph).

NOTE: A non-picture identity document must have the person's name as well as information that can be

compared to the Numident, the applicant or other documents submitted (e.g., age, date of birth, or

parents' names).

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C. Procedure - Immigration Document as Evidence of Legal Name

When issuing immigration documents, the Department of State and DHS issue them in the person's legal

name. The legal name is also generally the name in which the foreign passport was issued.

When an alien applies for an SSN card, presume 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.

[SteveNanik 0]

the visa expires july 14. Is there some kind of information out there that i can bring to the office to dispute what they are trying to do?

[I'm Gone 60]

the visa expires july 14. Is there some kind of information out there that i can bring to the office to dispute what they are trying to do?

OK then she has plenty time, but she should have applied earlier.

I would almost bet anything this is what the geniuses are looking at.

http://policy.ssa.gov/poms.nsf/lnx/0100203500

RM 00203.500 Employment Authorization for Nonimmigrants

C. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION

The following policy applies to employment authorization by class of

admission.

1. Aliens Work Authorized Without Specific DHS Authorization

The following lists nonimmigrants, by alien classification, who are

authorized to work in the U.S. without specific authorization from DHS.

The alien's I-94 will not have the DHS employment authorization stamp

and the alien will not have an EAD.

K-1 Fiance(e) of U.S. citizen

2. Aliens Who Require an EAD From DHS Authorizing Employment

The following lists nonimmigrants, by alien classification, who are authorized to work with authorization from INS. Employment authorization must be shown on an EAD

K-3 Spouse of U.S. Citizen (provision of law: 274a.12(a) (6))

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So in their beany brains she was a K-1 fiancé and is now a spouse of a U.S. citizen so she must be a K-3.

Now how you prove to them a K-1 doesn't become a K-3 after getting married you got me. About all I can say is go back and see the office manager and try to explain that they are two different visa classification and you don't go from K-1 to K-3 by getting married.

[rebelheart 0]

the visa expires july 14. Is there some kind of information out there that i can bring to the office to dispute what they are trying to do?

OK then she has plenty time, but she should have applied earlier.

I would almost bet anything this is what the geniuses are looking at.

http://policy.ssa.gov/poms.nsf/lnx/0100203500

RM 00203.500 Employment Authorization for Nonimmigrants

C. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION

The following policy applies to employment authorization by class of

admission.

1. Aliens Work Authorized Without Specific DHS Authorization

The following lists nonimmigrants, by alien classification, who are

authorized to work in the U.S. without specific authorization from DHS.

The alien's I-94 will not have the DHS employment authorization stamp

and the alien will not have an EAD.

K-1 Fiance(e) of U.S. citizen

2. Aliens Who Require an EAD From DHS Authorizing Employment

The following lists nonimmigrants, by alien classification, who are authorized to work with authorization from INS. Employment authorization must be shown on an EAD

K-3 Spouse of U.S. Citizen (provision of law: 274a.12(a) (6))

-----------------------------------------------------------------------------------------------------------------------------

So in their beany brains she was a K-1 fiancé and is now a spouse of a U.S. citizen so she must be a K-3.

Now how you prove to them a K-1 doesn't become a K-3 after getting married you got me. About all I can say is go back and see the office manager and try to explain that they are two different visa classification and you don't go from K-1 to K-3 by getting married.

Hi mdyoung ....

same in my situation, as ive read ur info's i could apply my SSN anytime now. I'm married already, I'm a K1 case and I-94 expires July 24.

My follow-up question to u is dat ...... if i will be given SSN as K1 newly wed, and just starting AOS .... if i talked to manager and he granted me SSN, what should i expect... like is there any restriction??? ???

bcos my husband saying i won't be given SSN bcos i might be asked by my EAD card?? or i will be given an SSN card with a restriction of like that in the policy of no employment authorization???

then if i get my EAD card already... i will come back and change the restriction?? since im still alien and applying still to be an immigrant to have SSN.

thanks for the info!

[SteveNanik 0]

Thank you mdyoung, I tried to explain to social security the difference in visa classification but they had some kind of information that they were looking at. I believe that they do not deal with very many k1 visas in my area so its confusing for them. It seems that there is no specific information about being married with a k1 and applying for ssn. I think that we will try to go there again but i imagine that they will stand their ground saying that her visa is now a k-3 even though it says k1

[I'm Gone 60]

Thank you mdyoung, I tried to explain to social security the difference in visa classification but they had some kind of information that they were looking at. I believe that they do not deal with very many k1 visas in my area so its confusing for them. It seems that there is no specific information about being married with a k1 and applying for ssn. I think that we will try to go there again but i imagine that they will stand their ground saying that her visa is now a k-3 even though it says k1

BTW Which SSA office was this? If you can't get that office to listen to reason and an application hasn't been submitted you could try another office. Maybe have better luck there.

[I'm Gone 60]

same in my situation, as ive read ur info's i could apply my SSN anytime now. I'm married already, I'm a K1 case and I-94 expires July 24.

My follow-up question to u is dat ...... if i will be given SSN as K1 newly wed, and just starting AOS .... if i talked to manager and he granted me SSN, what should i expect... like is there any restriction??? ???

bcos my husband saying i won't be given SSN bcos i might be asked by my EAD card?? or i will be given an SSN card with a restriction of like that in the policy of no employment authorization???

then if i get my EAD card already... i will come back and change the restriction??

OK if your I-94 doesn't expire until July 24th that may provide enough time to process your application. All depends on how long it takes to verify your status, If they can do it through SAVE while you are there you are OK. If they send of the G-845 you just have to keep following up each week and hope it gets done before your I-94 is 14 days from expiring. After that point you will need an EAD card or I-551 to be assigned an SSN.

The SSN card you are issued now will be a restricted card. "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" will be printed on the card. You can get a card without that once your AOS is approved and you have an I-551 stamp or card.

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This is for a name change, but the info still applies with an original SSN application as well.

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

RM 00203.210 Changing Numident Data

a. Bride Takes Groom’s Last Name

In all 50 U.S. States (this means the 50 States, Washington, D.C., Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana Islands, and American Samoa) the bride may take her husband's last name (surname or family name) as her new last name.

EXAMPLE: Jane Doe married John Jones and she may change her name to Jane Jones.

Interim Guidance: If the bride wants to take her husband's last name, accept the marriage document as a legal name change for the bride if the new name can be derived from the marriage document; even if the marriage document only shows each partner's first names, the bride's prior surname and husband's surname. The marriage document alone can be accepted as evidence of identity for both the old and new names when it meets the criteria described in RM 00203.200G.2.

----------------------------------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203200#G2

2. Determine if the ID Document Has Required Information

Ask the applicant to submit one or more documents that show the person's name AND provide:

Biographical information in addition to the person's name that the reviewer can compare with the data on the SS-5 (e.g., date of birth, age, or parents' names) and/or Physical information that the reviewer can compare with the applicant (e.g., physical description, photograph).

NOTE: A non-picture identity document must have the person's name as well as information that can be compared to the Numident, the applicant or other documents submitted (e.g., age, date of birth, or parents' names).

-----------------------------------------------------------------------------------------------------------------------------

C. Procedure - Immigration Document as Evidence of Legal Name

When issuing immigration documents, the Department of State and DHS issue them in the person's legal name. The legal name is also generally the name in which the foreign passport was issued.

When an alien applies for an SSN card, presume 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.

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If they can verify your “Temporary Employment Authorized" status with your I-94 using your maiden name through SAVE this may stop them from sending the G-845:

http://policy.ssa.gov/poms.nsf/lnx/0100203735

RM 00203.735 Requesting Online (Primary) Verification By SAVE

E. PROCEDURE—ONLINE SAVE QUERY RESPONSE INFORMATION DOES NOT AGREE WITH IMMIGRATION DOCUMENT

1. Name.

e. Applicant Has Changed His/Her Name But SAVE Query Response Shows Old Name In some cases, the applicant may have changed his/her name after DHS issued the immigration document (e.g., he/she has married and is now using the spouse’s last name) but does not present an immigration document showing the new name. In these cases, the DHS system reflects the new name only when the person provided the name change information to DHS and requested to have his/her immigration record changed to show the new name.

When the SAVE query response shows the old name that is shown on the immigration document presented and not the new name on the identity document presented, do not consider this a name discrepancy for enumeration purposes. See RM 00203.200 when the applicant presents an identity document in the new name that is more recent than the immigration document to determine if the identity document is acceptable. Tell the applicant he/she must report the name change to DHS so that DHS can update its records.

NOTE FROM ME: Procedure tells the SSA office to tell you to report the name change to DHS, not that the application can't be processed.

[SteveNanik 0]

1026 WOODBURY AVE

COUNCIL BLUFFS, IA 51503

They probably couldnt stop us from trying another office i suppose. I wonder if they would request us to go the closer office though?

Thank you mdyoung, I tried to explain to social security the difference in visa classification but they had some kind of information that they were looking at. I believe that they do not deal with very many k1 visas in my area so its confusing for them. It seems that there is no specific information about being married with a k1 and applying for ssn. I think that we will try to go there again but i imagine that they will stand their ground saying that her visa is now a k-3 even though it says k1

BTW Which SSA office was this? If you can't get that office to listen to reason and an application hasn't been submitted you could try another office. Maybe have better luck there.

[I'm Gone 60]

1026 WOODBURY AVE

COUNCIL BLUFFS, IA 51503

They probably couldnt stop us from trying another office i suppose. I wonder if they would request us to go the closer office though?

As long as you haven't actually submitted an application you can apply at any SSA office. Only people that live the Brooklyn, NY and Las Vegas, NV area must apply at one of the Card Centers.