Question about Social Security.

[dxg68 0]

My wife and I went to apply for the social security today after receiving our marriage certificate. We were told by the social security clerk that we need to go to the department of homeland security first with our marriage certificate to update her status and get a stamp in her passport before we can apply for the SS. Is this true? I haven’t heard about this step. Thank you for your help!!!

[Gary and Alla 3,694]

My wife and I went to apply for the social security today after receiving our marriage certificate. We were told by the social security clerk that we need to go to the department of homeland security first with our marriage certificate to update her status and get a stamp in her passport before we can apply for the SS. Is this true? I haven’t heard about this step. Thank you for your help!!!

SS people are such assh*les! NO IT IS NOT TRUE. she does not even need to wait until being married, she can get an SSN immediately.

Go back. Apply for the SS number in her MAIDEN NAME, show her passport with K-1 visa. DO NOT LEAVE until they give you a receipt for the number, see as many superviors as necessary until you get one trained to do their job.

It is bad enough they are not trained but then to just make up stuff from thin air is preposterous!

AFTER she gets her green card, go back and change the name on the SS card if she wants. The number will not change.

[Tanya and Barry 59]

Wow, that was really helpful. Good to see that you can respond in a respectful way that is informative and helpful to the original poster who asked a reasonable question.

Bob doesn't like our corner of the board very much but he just can't stay away.

[Gary and Alla 3,694]

Bob doesn't like our corner of the board very much but he just can't stay away.

Alla says "his father was promised a Ukrainian village" but didn't get it.

Seriously, the SS office is the main reason I do not want the government handling my healthcare!

[baron555 934]

My wife and I went to apply for the social security today after receiving our marriage certificate. We were told by the social security clerk that we need to go to the department of homeland security first with our marriage certificate to update her status and get a stamp in her passport before we can apply for the SS. Is this true? I haven’t heard about this step. Thank you for your help!!!

That's BS. Go back and get the application accepted. They only need the form and bring her passport with the K-1 and I-94 in it.

[slim 1,530]

My wife and I went to apply for the social security today after receiving our marriage certificate. We were told by the social security clerk that we need to go to the department of homeland security first with our marriage certificate to update her status and get a stamp in her passport before we can apply for the SS. Is this true? I haven’t heard about this step. Thank you for your help!!!

It depends on what you're trying to do. If you're trying to get her a Social Security Number, then NO, you don't need to be updated. She can get a SSN at any time and probably even had one assigned in Kyev. They should be able to take your SS form 5 or whatever that paper is that you fill out, look at her passport, and then mail a card a few weeks later. You should be able to walk out of that office with a number but no card.

However, if you're trying to get the NEW CARD with her NEW NAME on it, (and previously assigned number, just changing it to her married name) you will need to wait until she's updated in the SAVE system, and that's handled through DHS/USCIS. You'll have to take a certified (notarized/officially stamped) copy of your marriage certificate to the DHS/USCIS office and have them update her new name in their SAVE system.

Until the wonderful folks over at the SS office see that SAVE system update on their computer screen, they CAN'T give her a new card because to them, she hasn't changed her name yet. (She's also "out of status" as an immigrant.)

The other route you can take, as mentioned above, is you can wait until after she has her green card because that will update her name as well. It's not that her green card shows that her new name is what you say it is, it's that she's already been upated in the SAVE system through AOS application.

My wife and I made about five trips to the SS office to get her card updated. We were in the same boat as you. "But we're married now, here's our certificate, her passport, all you have to do is change her name." They couldn't do it. The first couple times they didn't know what to do but finally we found someone who directed us upstairs to DHS and we got it updated in the SAVE system. After that, it was really easy. We walked in, handed them the SS form 5 and we were on our way. We'd been there so often the security guard knew us by name.

Good luck!

Edited July 13, 2010 by slim

[baron555 934]

We waited three weeks after her arrival and then went to the office.

Quick and easy and she had her card within two weeks in the mail.

Later on we got married but have no intention at this time to change her name, so therefore, no hassles with that.

If you do wait until you are married but are very close to the expiration of the I-94, then they will not do it and will want you to wait until she has either the EAD or the GC to obtain a SS number and card. Your choice.

[1HappyGuy 45]

We had a similar problem with SSA. After we were married we went to the SSA office and were told the same BS. When we went for the Green Card interview the officer asked why we didn't have any joint accounts, etc. I simply told them that without a social security number you don't exist in this country. Ultimately she was approved. The funny thing is my wife had just received her EAD card two weeks before the interview, so USCIS, aka Homeland Security, didn't have a problem with her working but SSA wasn't going to issue a SSN without a green card.

[Gary and Alla 3,694]

We waited three weeks after her arrival and then went to the office.

Quick and easy and she had her card within two weeks in the mail.

Later on we got married but have no intention at this time to change her name, so therefore, no hassles with that.

If you do wait until you are married but are very close to the expiration of the I-94, then they will not do it and will want you to wait until she has either the EAD or the GC to obtain a SS number and card. Your choice.

K-1s are eligible for a SSN from the moment they arrive until 14 days before the I-94 expires. They can ONLY receive a SSN in the name on the K-1 visa and passport. You cannot change the name until you have government issued ID in that name.

Alla applied for her SSN 16 hours after arriving on a Thursday and she had her NUMBER on Monday morning when we added her to our bank account. Alla also did not change her name but if she had, we would have changed it with SS when she got her green card. The name on the card is of no use, nothing on the card is of any use. I LOST my card in 1973 and have never needed it. A SS card is not ID and is not acceptable to prove you are eligible to work. If the name is "Santa Claus" that would be OK with me. Once you have the receipt for your application, SHE can go in person the next day and get her SS NUMBER at the SS office. The card will be a week or so in coming, but you can get the NUMBER the next morning. They will even give you a letter to make it official.

IF you are within 14 days of her I-94 expiration, then you have to wait until she has a green card or EAD to get an SSN.

My advice? Stop at the SS office on the way home from the airport.

[Ban Hammer 13,492]

one post and a post quoting it removed. let's provide meaningful advice to the op vice putting down the op. thanks.

eta: moved from rub forum to Working & Traveling During US Immigration forum as this forum discusses Employment Authorization Documents (EAD), Advance Parole (AP) and Social Security Numbers (SSN).

Edited July 13, 2010 by charles!

[I'm Gone 60]

An individual that entered the United States with K-1 status applying for a work authorized SSN must present evidence at one of our offices to establish his or her age, identity, and current lawful employment authorized status.

An individual needs to provide at least two documents as evidence to establish age, identity, and current lawful employment authorized status.

Example: If the immigration document, for example, Form I-94, Form I-551, Form I-766, is used to establish work authorization and identity, the alien must provide another document to establish age.

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 that entered the United States with K-1 status has been in the United States 76 days he or she will need another document, for example, Form I-551, Form I-766, to establish employment authorized status for SSN purposes.

RM 10211.420 Employment Authorization for Non-immigrants:

http://policy.ssa.gov/poms.nsf/lnx/0110211420

RM 10211.025 Evidence of Lawful Permanent Resident (LPR) Status for an SSN Card:

http://policy.ssa.gov/poms.nsf/lnx/0110211025

Note: Marriage does not affect an individual with K-1 status's eligibility to be assigned an SSN, or issued a card.

Suggest that individuals apply for a corrected SSN card to update the SSN record when there has been a name change due to marriage.

We accept all marriage documents issued within the 50 United States, Washington, D.C., Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana Islands, and American Samoa.

RM 10212.025 Evidence of Name Change based on a US Ceremonial Marriage:

http://policy.ssa.gov/poms.nsf/lnx/0110212025

We can accept a name change document based on marriage as evidence of the new name to be shown on the card, if the new name can be derived from the marriage document.

Any of the following changes to the last name, using the names shown on the evidence, are permitted:

-- bride takes the groom’s last name;

-- groom takes bride’s last name;

-- spouse or partner takes the other parties’ last name;

-- spouse or partner takes one part of the other parties’ compound

surname;

-- compound name (with or without hyphen) of each spouse’s or partner’s

original surname for either or both parties

Example:

Lisa Foster submits evidence of the name change event, her US ceremonial marriage to Bryan Lee-Walsh. She wants to change her surname to a compound surname, Foster Lee, with only part of Bryan’s surname. Since this new name can be derived from the prior names shown on the marriage document, the marriage document is acceptable evidence of the new name. We may also change Lisa’s surname to one of the following if she requests it:

-- WALSH,

-- LEE-WALSH (or reverse, with or without space or hyphen),

-- LEE FOSTER (with or without space or hyphen, Foster Lee could also

have a hyphen or not have a space)

-- FOSTER WALSH (or reverse, with or without space or hyphen)

-- FOSTER LEE WALSH (in any order, with or without spaces or hyphens)

The marriage document can also be used as acceptable evidence of identity, if it shows Lisa’s prior name (Lisa Foster) and either her age, birth date, or parents’ names, that matches the data on the SSN record, and the marriage took place within the prior two years.

RM 10212.055 Evidence Required to Process a Name Change on the SSN based on Marriage, Civil Union and Domestic Partnership:

http://policy.ssa.gov/poms.nsf/lnx/0110212055

This is in addition to proof of current lawful employment authorized status.

Generally, a foreign-born person’s legal name is the name shown on his or her immigration document, for example, Form I-766.

When the name shown on the immigration document differs from the name shown on other evidence submitted for an SSN, we process the application in the name on the immigration document as long as the name can be derived from the other evidence, for example, a foreign passport.

If the required documents show clearly different names, we cannot accept the evidence to process the application. In these situations, the applicant must submit evidence showing the same name, or submit evidence of a name change that occurred after the immigration document was issued.

RM 10212.001 Defining the Legal Name for an SSN:

http://policy.ssa.gov/poms.nsf/lnx/0110212001

When requesting an SSN card, the documents presented, as evidence must be either originals or copies certified by the issuing agency. SSA cannot accept uncertified or notarized photocopies as evidence.

If an acceptable evidence document is in a language other than English and no other acceptable document is available, we will have the foreign language document translated by an authorized translator.

SSA translators comprise two groups:

-- Field office and Payment Center employees who volunteer their

services as translators

-- Central Translation Section translators who hold actual translator

positions.

GN 00301.340 Authorized Translators Defined:

http://policy.ssa.gov/poms.nsf/lnx/0200301340

If a foreign-born person has the foreign birth certificate in his/her possession or can easily obtain a copy, he or she must submit it as proof of age. In some situations SSA can accept alternative evidence of age. The alternative evidence of age may be less than a year old, for example, foreign passport.

You can find detailed information regarding evidence that establishes age on the SSA Web site:

http://policy.ssa.gov/poms.nsf/lnx/0100203110

The documents acceptable as evidence of identity are now based on three factors: (1) the applicant’s age, (2) the applicant’s citizenship/alien status, and (3) the relative value of documents.

Primary Identity Evidence for an alien:

-- Form I-551, Permanent Resident Card (includes temporary I-551

Stamp in combination with an unexpired foreign passport when the I-

551 Permanent Resident Card has not yet been issued)

-- Form I-94, Arrival/departure Record in combination with an unexpired

foreign passport

-- Form I-766, Employment Authorization card in combination with an

unexpired foreign passport

Note: Document must be unexpired

Secondary Identity Evidence for an alien:

-- Unexpired valid U.S. driver’s license (excludes licenses known to be

suspended or revoked)

-- U.S. State issued non-driver identity card (issued by the same State

agency which issues driver’s licenses/State-level agency with

issuing authority over the State’s identity card and not expired)

-- Marriage document showing in addition to the applicant’s name

either the applicant’s date of birth (DOB) or age

-- Certified copy of medical record (clinic, doctor, or hospital) or

letter providing extract data from the medical record showing in

addition to the applicant’s name, the applicant’s DOB or age

-- Health insurance or Medicaid card showing, in addition to the

person’s name, either a photograph of the person or his/her DOB

-- School identity card or record (for current school year) showing, in

addition to the applicant’s name, either a photograph of the

applicant or the applicant’s DOB

-- Life insurance policy for the person showing his/her age or DOB.

However, the acceptability of an identity document must be evaluated on a case by case basis by the office processing the application.

RM 10210.405 Evidence of Identity for an SSN Card:

http://policy.ssa.gov/poms.nsf/lnx/0110210405

RM 10210.420 List of Documents in Priority of Acceptability for Use as Evidence of Identity:

http://policy.ssa.gov/poms.nsf/lnx/0110210420

SSA cannot accept an application filing receipt or notice of action as evidence of an immigration document, or an immigration document with a “valid from” date in the future.

Exception: SSA can accept an expired I-551 card accompanied by a Form I-797C (Notice of Action) stating, “Your conditional resident status is extended for a period of one year as evidence of LPR status.

Take the required documents to the nearest Social Security office or Card Center. Individuals age 12 or older applying for an original SSN and card must apply in person.

You can obtain the address and directions to the nearest Social Security office from the Social Security Office Locator, which is available on the Internet:

http://www.ssa.gov/locator

Applicants who live or receive mail in the Brooklyn, NY, Queens, NY, Phoenix, AZ, Orlando, FL, Sacramento, CA, or Las Vegas, NV area should apply at their local Social Security Card Center.

Individuals residing in the Minneapolis/St. Paul, MN area should apply at the Twin Cities Card Center.

Card Center Information:

http://www.ssa.gov/cardcenters/cardcenterinfo.html

Normally, an SSN card should be received in the mail within two weeks after the application and required document(s) have been received and verified.

However, when an alien requests an SSN or replacement card, SSA must verify his or her documents/current status with the appropriate bureau of the Department of Homeland Security (DHS). If the initial online verification is not possible through the Systematic Alien Verification for Entitlements (SAVE) system, SSA may need to send a Form G-845 to the appropriate DHS Status Verification Office (SVO) for manual verification.

Social Security field offices can submit an additional electronic online verification, which with the majority of applications eliminates the need to send a Form G-845 along with a copy of the applicant’s immigration documents.

However, some applications still require a copy of the immigration document(s) to be mailed to the appropriate DHS SVO along with Form G-845 for manual verification.

Note: If the applicant has changed his/her name after an immigration document, for example, Form I-94, was issued, for example, 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, that is, SAVE clearance, if the applicant can provide an acceptable legal name change document to establish the new name.

The 14 day status expiration limit for assigning an SSN and/or issuing a card applies even if an individual submitted his or her application before being within the 14 day period and entered the 14 day period while waiting for his or her status to be verified.

All cards are mailed from Social Security Headquarters in Baltimore, Maryland to the postal address provided on the Form SS-5.

The IRS assigns Individual Taxpayer Identification Numbers to aliens for tax purposes who are not eligible to be assigned an SSN. A Form W-7, “Application for an Individual Taxpayer Identification Number,” needs to be submitted to receive an Individual Taxpayer Identification Number.

You can download a form W-7 from the IRS Web site:

http://www.irs.gov/formspubs/index.html

You can contact the IRS ITIN office by calling 1-800-908-9982.

You can find additional information on the IRS Web site:

http://www.irs.gov/individuals/article/0,,id=96287,00.html

http://www.irs.gov/pub/irs-pdf/p1915.pdf

When am I legally required to provide my Social Security number:

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/78