Not Authorized for SSA

[frozentoast 0]

Hey all,

So my significant other entered the US on a K-1 visa. Shortly after that we got married. Two weeks later (today) we headed over to the SSA office to apply for her SS card. Unfortunately, the worker there said that she wasn't eligible to get a card because we got married, and therefore was no longer on a K-1 visa. Am I missing something? It seemed a little strange. We haven't applied for AOS yet, and if she isn't on a K-1 visa, what is she? Also, since we got married before applying for a SS card do we have to wait to get work authorization from the USCIS before applying for the SS card again?

I appreciate any info that you all can give me. I've looked through all the guides but didn't see anything on this topic in particular (other than the fact that K-1 visas are eligible for SS cards, even if the worker says they aren't).

Thanks!

EDIT: Oops title should be 'SS'.

Edited October 23, 2010 by frozentoast

[Darnell 8,479]

hey -

dig out the I-94 document.

check the issue date and expiration date

IF

Monday (25 OCT 2010)

is between

15 days past the issuance date

and

74 days past the issuance date

then

'marital status'

doesn't matter

What does matter, IMO, is your ability to train a 'brain-dead SSA worker' on how to do his/her job.

Confused? Don't worry - ask for a supervisor, tell the Supervisor to look up yer spouse in

the

SAVE DATABASE

with the 'Visa Name' and the 'A number'

marital status not matter, if yer under the '74 day timetick' from the POE date. Make a plan, to get back into a SSA office, on Monday, October 25th, 2010.

Good Luck !

Edited October 23, 2010 by Darnell

[nickbits 43]

Go to a different office. You can get one if your i94 is more than 2 weeks from expiry.

[I'm Gone 60]

So my significant other entered the US on a K-1 visa. Shortly after that we got married. Two weeks later (today) we headed over to the SSA office to apply for her SS card. Unfortunately, the worker there said that she wasn't eligible to get a card because we got married, and therefore was no longer on a K-1 visa.

Which SSA office told you this? Marriage doesn't invalidate K-1 status. Only if your I-94 is expired or within 14 days of expiring are the only reasons an individual would be ineligible based on the K-1 status.

If your I-94 isn't within 14 day of expiring I'm sure what the geniuses are doing is looking at the POMS procedure and seeing K-3 spouse of U.S. citizen needs a Form I-766 EAD card to be assigned an SSN and thinking so now that you are the spouse of a U.S. citizen, you must be a K-3 and need an EAD card.

Unless you are in an area served by a Card Center, you can try another office or go back to that office and keep your mouth shut about being married and apply with the maiden name, or ask for a manager and plead your case.

Your evidence:

RM 10211.420 Employment Authorization for Non-immigrants

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

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 sections list non-immigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

K-1 Fiancé(e) of U.S. citizen

[Florianns Man 7]

Hey all,

So my significant other entered the US on a K-1 visa. Shortly after that we got married. Two weeks later (today) we headed over to the SSA office to apply for her SS card. Unfortunately, the worker there said that she wasn't eligible to get a card because we got married, and therefore was no longer on a K-1 visa. Am I missing something? It seemed a little strange. We haven't applied for AOS yet, and if she isn't on a K-1 visa, what is she? Also, since we got married before applying for a SS card do we have to wait to get work authorization from the USCIS before applying for the SS card again?

I appreciate any info that you all can give me. I've looked through all the guides but didn't see anything on this topic in particular (other than the fact that K-1 visas are eligible for SS cards, even if the worker says they aren't).

Thanks!

EDIT: Oops title should be 'SS'.

Hi there,

Oppps... we have in the same shoes...thats exactly what the SSA officer told us.Since we got married I am no longer a K-1 Visa and the 1-94 eventhough it's more than 2 months before the expiration still they insist that I need to wait the EAD or GC..so frustrating..but I dont want to urgue with the officer, at first I insist and provided them a info that we are eligible to apply for SSN..still no LUCK..

[Darnell 8,479]

sorry, go back, get a supervisor. Don't confuse clerks with 'officers' - it's never the same thing - they're just clerks.

[Brother Hesekiel 2,236]

You need to understand something: when a person has a serious brain tumor, a half of the human brain can be removed and after a period of recovery and adaptation in which the other side of the brain takes over the tasks of the removed half, the person can lead a perfectly normal life.

Once the entire brain is removed, this is no longer the case. The only jobs that require no brain activity are at the SSA and the DMV.

[I'm Gone 60]

Send an e-mail to SSA:

http://ssa-custhelp.ssa.gov/app/ask

Be sure to include that you have K-1 status.

[I'm Gone 60]

You need to understand something: when a person has a serious brain tumor, a half of the human brain can be removed and after a period of recovery and adaptation in which the other side of the brain takes over the tasks of the removed half, the person can lead a perfectly normal life.

Once the entire brain is removed, this is no longer the case. The only jobs that require no brain activity are at the SSA and the DMV.

http://www.ssa.gov/asp/OurValues.pdf