ANother SSN denial

[nycmjkfan 0]

Went to the SS office to change my wife's card to her married name. Of course, after a little research by the clerk, she said that my wife needs her EAD card before she can change the name. Can someone post the link that I can print that shows, this is not the case?

[popocat 0]

Went to the SS office to change my wife's card to her married name. Of course, after a little research by the clerk, she said that my wife needs her EAD card before she can change the name. Can someone post the link that I can print that shows, this is not the case?

Hello..I am in the same boat (I am not K1, though). I should have changed the name before submit AOS, because my visa can do it, but I did not realize that I should do.

I think the other thread is talking about that someone got rejected to issue her SSN, even though she met the requirement.

I think we just wait for a while

Edited June 29, 2006 by popocat

[gimygirl 0]

a little research usually helps avoid a headache ...

per mdyoung:

"We will not assign an SSN or issue a card to an individual that is within 14 days of his or her alien status expiring. Until the 76th day after entry an individual with K-1 status only needs to provide an unexpired I-94 showing current K-1 status to establish employment authorized status for SSN purposes.

Once, an individual with K-1 status has been in the United States 76 days he or she will need another document, i.e. I-551, I-688B or I-766 to establish employment authorized status for SSN purposes.

apparently, yesica will have to wait because her I-94 is expired and she is in limbo at the moment.

[nycmjkfan 0]

a little research usually helps avoid a headache ...

per mdyoung:

"We will not assign an SSN or issue a card to an individual that is within 14 days of his or her alien status expiring. Until the 76th day after entry an individual with K-1 status only needs to provide an unexpired I-94 showing current K-1 status to establish employment authorized status for SSN purposes.

Once, an individual with K-1 status has been in the United States 76 days he or she will need another document, i.e. I-551, I-688B or I-766 to establish employment authorized status for SSN purposes.

apparently, yesica will have to wait because her I-94 is expired and she is in limbo at the moment.

My bad then........Wow did I curse the SS person in my car when I left the office. Her ears must have been ringing.

[I'm Gone 60]

All is not lost if you are just interested in changing the name on your SSN record, but you still can't be issued a card if your I-94 is expired or within 14 days of expiring without an EAD card. Your marriage certificate needs to have your age or date of birth too.

DO NOT let them take your card until you can be issued a new one no matter what they say. Say the dog ate it. LOL

http://policy.ssa.gov/poms.nsf/lnx/0100203510

RM 00203.510 Alien without Work Authorization - Nonwork Need for an SSN

D. PROCEDURE - SSN CARD REQUEST BY ALIEN NOT AUTHORIZED TO WORK

4. Correcting Numident Data When a Replacement Card Cannot Be Issued

If the alien does not provide evidence of work authorization or a valid nonwork reason, explain that no replacement card can be issued.

Although a replacement card cannot be issued, the Numident can be corrected if the alien has provided documentation supporting the change (e.g., a name change).

If the alien provides documentation supporting the change, process the SS-5 to update the Numident information but suppress the issuance of a card.

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

RM 00203.210 Changing Numident Data

The applicant may submit:

One legal name change document showing both the old and new names (e.g., a court order for a name change or a marriage document. The document must also show either (1) a description or photograph of the person or (2) biographical information (i.e., age, date of birth or parents' names) that can be compared with the Numident data. A legal name change document that meets these criteria is also an acceptable identity document for a name change if the name change event occurred within the last two years.

Marriage document or marriage record to be acceptable as an identity document it must show, in addition to the new name, the person’s age or DOB or parents’ names.

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.

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.

In cases where an alien applies for a replacement SSN card and submits an immigration document showing a name that is different from the name on the prior Numident record, accept the immigration document as evidence of the legal name. In these cases, the prior SSN card may have been issued in a name that was not the NH’s legal name.

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RM 00201.080 Field Office (FO) Disposal of Returned Social Security Number (SSN) Cards

2. Card Returned With Request For Replacement Card or New SSN

If the applicant has a card and requests a replacement card (duplicate or corrected) or a new SSN:

Ask the applicant to return the old SSN card. (If the applicant does not have the card with him or her, remind the applicant to return the old card to SSA for destruction or to keep the old card in a secure place [not in a wallet or purse]).

NOTE: Do not forcefully confiscate the SSN card if the applicant refuses to relinquish it. Similarly, return the old SSN card if the applicant requests that it be given back.

Seems SSA has removed RN 00201.080 from their Website, but it's still valid.

[isleta521 5]

We tried to apply for Val's SS card using her new last name since we exchanged rings about two weeks ago. The lady (which she seemed to have a really bad attitude to begin with) said that she could not process this applicatn since her I-94 was in her maiden name even though we had the marriage certificate which she did not even want to look at.

I called twice the 1800 number and they could not understand why the "nice" lady did not take the marriage certificate both times but said that the field office has the last say. I asked the phone attendant if we could try again just using Val's maiden name and she said it is possible and then we can just change her name at a later date. I dont know it this could lead to problems later on down the road though. I may just wait until we file for AOS since we kindoff procrastinated a month and they are being a pain in the @ss!

[nycmjkfan 0]

D. PROCEDURE - SSN CARD REQUEST BY ALIEN NOT AUTHORIZED TO WORK

4. Correcting Numident Data When a Replacement Card Cannot Be Issued

If the alien does not provide evidence of work authorization or a valid nonwork reason, explain that no replacement card can be issued.

Although a replacement card cannot be issued, the Numident can be corrected if the alien has provided documentation supporting the change (e.g., a name change).

If the alien provides documentation supporting the change, process the SS-5 to update the Numident information but suppress the issuance of a card.

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

Mdyoung, is there any benefit to going back to SS and having this done or just basically wait for the EAD card to arrive?

[I'm Gone 60]

Mdyoung, is there any benefit to going back to SS and having this done or just basically wait for the EAD card to arrive?

Since most states verify driver's license application info against the SSN record, probably allow person to get DL in married name.

We tried to apply for Val's SS card using her new last name since we exchanged rings about two weeks ago. The lady (which she seemed to have a really bad attitude to begin with) said that she could not process this applicatn since her I-94 was in her maiden name even though we had the marriage certificate which she did not even want to look at.

Go back and see the office manager and point this out to him or her.

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.

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.

[isleta521 5]

Thanks MDYOUNG,

I may do that if I have time next week. I just hate going down there and waiting for nothing - those idiots!!

. . . then again next week is the beginning of a new month so they will be superbusy and also just after the holiday. So I will try in about a week and let you know.

Edited June 30, 2006 by isleta521

[nycmjkfan 0]

Mdyoung, is there any benefit to going back to SS and having this done or just basically wait for the EAD card to arrive?

Since most states verify driver's license application info against the SSN record, probably allow person to get DL in married name.

This is what Florida requests:

Non-Immigrants

Each non-immigrant who applies for an original driver license or identification card must submit:

Employment authorization card issued by the United States Department of Justice (Form I688B or I-766); or

Proof of nonimmigrant classification provided by United States Department of Justice (Form I-94, not expired, with required supporting attachment(s). If in doubt regarding required documents, please bring all of your INS documentation with you.). I-94s must be accompanied by a Passport. Certain classifications require additional documentation. Some examples are:

F-1 and M-1 classification must also be accompanied by an I-20.

I J-1 or J-2 designation must be accompanied by an IAP-66.

Refugee, asylee and parolee classifications must be accompanied by additional documentation.

The following documents will only be accepted with a supporting document, including but not limited to a Passport, Florida Driver License or Identification Card, Driver License from any other state, Employment Authorization Card, Employer Identification, Identification from home country, Identification from school or college, Social Security Card or other INS document.

I-571 Travel Document/Refugee Travel Permit

I-512 Parole Letter Accepted

IJO- Asylum or Cancellation of Removal - Immigration Judges Order granting Asylum or Cancellation of Removal.

All required and supporting documents MUST be original or certified.

Documents must be valid for more than 30 days from the date of issuance.

Non-U.S. citizens applying for an original driver license will be issued a 30-day, no photo, paper temporary permit and a receipt. Non-U.S. citizens applying for an identification card will be issued a receipt.

All records are transmitted to our database in Tallahassee, where the information will be examined and run against FDLE, FBI and INS databases.

Upon identity and legal status verification, a driver license or identification card will be issued within 30 days from Tallahassee, mailed to the address on the driver record. The license or identification card will be issued for the period of time specified on the INS document.

If a problem is detected, a denial of issuance letter will be mailed to the customer.

http://www.hsmv.state.fl.us/ddl/faqkeys.html#NUSC

Sounds like I need to have the SS update done in the system, since she can't get the DL in her maiden name.

My wife has already begun the process, ie she's doing the mandatory alcohol and drug info online, but she's registered in her married name. Once that is complete, she will be able to do her permit test online as well, in her married name.

So basically if I go back to SS and have them change her name in the system, will the DMV check that or do I have to point it out to them?

[Yodrak 7]

nycmjkfan,

If that's a recent document that you've quoted from, someone should advise the state of Florida that it needs to update it's references to the organization the Federal government. One would think that a state with heavy immigration should know better. Perhaps the President should have a talk with his brother?

Yodrak

This is what Florida requests:

Non-Immigrants

Each non-immigrant who applies for an original driver license or identification card must submit:

Employment authorization card issued by the United States Department of Justice (Form I688B or I-766); or

Proof of nonimmigrant classification provided by United States Department of Justice (Form I-94, not expired, with required supporting attachment(s). If in doubt regarding required documents, please bring all of your INS documentation with you.). .....

Edited June 30, 2006 by Yodrak