Refused SS on K1 until EAD

[sowmyak 0]

Dear All,

I'm here on a K1 visa and I got married to my fiance on May 20th.I went to the SS office in Columbia MD and the clerk sent me back by saying that I cannot apply for the SSN until I get my EAD. I know this is not the case based on my reading on Visa Journey. I also run the risk of my I-94 expiring (Aug 15th) in case I wait for my EAD.

I did some research and looked up the official website.

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_faqid=576

This states that K1 visa applicants need work eligibility.

http://www.socialsecurity.gov/pubs/10096.html

This elaborates that work eligibility include Immigration documents proving work authorization include Form I-94 (showing a class of admission with DHS work authorization), Form I-766, I-688B or I-551.

Now my I-94 stub doesnot have a DHS work authorization stamp.

Can anybody tell me how to proceed in this scenario?

Thanks a lot,

Sowmya

[Kathryn41 3,205]

Print out this page: https://secure.ssa.g.../lnx/0100203500 - Section C shows that K-1s are work authorized and will not have a stamp on their visa/passport but are still qualified to get a SSN. Return to the SSA office and present this along with your application and passport with the I-94 to the clerk. If he/she refuses, ask to speak to a manager. Escalate it up as high as you need to go to get someone who knows and understands the regulations. You can also try going to a different SSA office with the same documents and printed material and trying that.

I had the same problem when I arrived. They told me I was ineligible for a SSN. I printed out the information, went back to the SSA and applied again. This time it was accepted.

Good luck.

Edited June 13, 2010 by Kathryn41

[I'm Gone 60]

Print out this page: [url="https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

Old

RM 00203.500 Employment Authorization for Nonimmigrants:

New

RM 10211.420 Employment Authorization for Non-immigrants:

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420

You can either go back to that office and try speaking to the operations manager or try another office.

There is an office in Glen Burnie and on Benson Ave on Baltimore City that aren't that far from Columbia if you come across Rt 100.

[Kathryn41 3,205]

Thanks for posting the new link. It is interesting that the old one came up when I did my search.

[Darnell 8,478]

sowmyack - sorry - the clerk was wrong.

when you return, ask for supervisor, ask the supervisor to look you up in the SAVE database in your VISA name.

If cannot be found in SAVE database, do NOT go through with the application - come back in 1 week, try again.

Good Luck !

[sowmyak 0]

Thank you I Quit, Kathryn and Darnell.

Thanks for the link guys. I'm going back with a print out of this on Tuesday.

Sowmya

[I'm Gone 60]

Thanks for posting the new link. It is interesting that the old one came up when I did my search.

Social Security offices converted over to SSNAP the new SSN processing system before all the POMS sections were issued. The section that replaces RM 00203.500 just came out about a week ago. Says the same thing as the old section.

SSN guide here needs to be updated.

Edited June 14, 2010 by I Quit

[sowmyak 0]

Sorry for the late update.

I went back with to the SSO with the printouts of the links above.

This time around there was a different lady. She took the application, no questions asked. Asolute craziness that 2 people in the same office aren't on the same page about the procedures.

Anyway, I've received my SSN. THanks a lot for the help. Hope this helps others who might face a similar situation.

Sowmya

[newlyweds 0]

a friend of mine has the same issue, they live in VA. She said that the SSA office had been telling her that they won't issue her a SSN coz her !-485 hasn't been approved yet. Her !-485 is taking 48 years( it had been transferred to CSC since february 2010 and no updates after that) I told her to do all these. Hopefully they will try and give her answers and SSN this time around.