K1/SSN Catch 22

[Hamburger Man 3]

I have a friend who I am trying to help with a desperate situation.

Like me, the friend filed for a K1 visa for his sweetheart. The visa was approved and the girl arrived here from China around the same time my lady did (August 10, 2010). August 26th, 2010 they went to their local SS office to apply for a SS number for her, since both parties are required to have one to file for a marriage license in their state. They where given a letter that stated that DHS needed to investigate and verify docs and this could take 30 days. Well 30 days came and went and they still don't have a social security number from the office. Their 90 days are up on K1 I-94 November 10th, 2010 and they still aren't married because of the social security hold up.

What should they do?

[texas-gal 3]

why don't they look at neighboring states and see what their requirements are? nothing says they can't get married in another state.

[payxibka 10,045]

I have a friend who I am trying to help with a desperate situation.

Like me, the friend filed for a K1 visa for his sweetheart. The visa was approved and the girl arrived here from China around the same time my lady did (August 10, 2010). August 26th, 2010 they went to their local SS office to apply for a SS number for her, since both parties are required to have one to file for a marriage license in their state. They where given a letter that stated that DHS needed to investigate and verify docs and this could take 30 days. Well 30 days came and went and they still don't have a social security number from the office. Their 90 days are up on K1 I-94 November 10th, 2010 and they still aren't married because of the social security hold up.

What should they do?

go to Las Vegas

Really... what state do they live in? I bet if you pushed, no SSN is really required

[KittyPollitt 284]

They should go to the social security office and explain the situation. And right after they do that, perhaps they should look at the marriage license requirements for the closest surrounding states and consider taking a few days to get married elsewhere, if they don't believe the SSN will arrive in time. For example, I am in Maryland, which requires a SSN for marriage, and after we applied at social security, I looked and discovered that Virginia does not require a SSN for a license, just in case the same issue arose for me. Wish them luck!

Sarah

[JimVaPhuong 4,863]

I have a friend who I am trying to help with a desperate situation.

Like me, the friend filed for a K1 visa for his sweetheart. The visa was approved and the girl arrived here from China around the same time my lady did (August 10, 2010). August 26th, 2010 they went to their local SS office to apply for a SS number for her, since both parties are required to have one to file for a marriage license in their state. They where given a letter that stated that DHS needed to investigate and verify docs and this could take 30 days. Well 30 days came and went and they still don't have a social security number from the office. Their 90 days are up on K1 I-94 November 10th, 2010 and they still aren't married because of the social security hold up.

What should they do?

The RealID act requires states to collect the SSN from anyone applying for a state license, including a marriage license, but I recall Gary saying there was a Supreme Court ruling that states could be required to collect it if the applicant had an SSN, but couldn't require the applicant to actually have an SSN as a prerequisite to getting the license. As a result of that ruling, states dropped the requirement for applicants to have an SSN, but applicants who have one are required to submit it.

What state is this?

Edited October 25, 2010 by JimVaPhuong

[lance1002 0]

They will not issue her a ss# if she doesn't have an employment authorization. They need to just go to Las Vegas or Reno all they need is a government issued ID, passport will do for her to confirm they are legal age. They should receive the marriage certificate in a week or two then proceed with filing of the adjustment of status for her. Then when USCIS issue the employment authorization that is the time that she can apply for a social security number. They are losing time because they will never issue her the number until she gets the employment authorization.

Hope this helps.

[CareBear 18]

They will not issue her a ss# if she doesn't have an employment authorization. They need to just go to Las Vegas or Reno all they need is a government issued ID, passport will do for her to confirm they are legal age. They should receive the marriage certificate in a week or two then proceed with filing of the adjustment of status for her. Then when USCIS issue the employment authorization that is the time that she can apply for a social security number. They are losing time because they will never issue her the number until she gets the employment authorization.

Hope this helps.

Rubbish - K1 visa holders are entitled to get a SS # before marriage and before the AOS - its simply stamped to proclaim that employment is only allowed with DHS authorisation.

[Boiler 45,486]

If you check a bit more I am sure you will find a SSN is not needed.

[Gary and Alla 3,694]

I have a friend who I am trying to help with a desperate situation.

Like me, the friend filed for a K1 visa for his sweetheart. The visa was approved and the girl arrived here from China around the same time my lady did (August 10, 2010). August 26th, 2010 they went to their local SS office to apply for a SS number for her, since both parties are required to have one to file for a marriage license in their state. They where given a letter that stated that DHS needed to investigate and verify docs and this could take 30 days. Well 30 days came and went and they still don't have a social security number from the office. Their 90 days are up on K1 I-94 November 10th, 2010 and they still aren't married because of the social security hold up.

What should they do?

This is a case of the person not knowing what to do,

SSNs are not required for marriage licenses in ANY state per the Supreme Court as of June, 2008. They can ask for them, they cannot require them. enter NONE if you have none. If you have a problem with an untrained clerk, then ask for a supervisor.

K-1s are eligible for an SSN immediately on arrival. The next day works best. Nothing has to be checked. They didn't know the facts, they met an uninformed SS person (big surprise) and walked away instead of demanding a supervsor that knew the rules. My wife had her social security number less that 48 hours after her arrival. She is nothing speciai (except to me) and anyone can do it in any SS office. Their option now is to get married and file an I-130 WITH the I-485 for adjustment of status.

Inform yourself of the issues that affect your family, they are depending on you to do that. Demand that untrained government clerks process your requests as required by law. Ignorance is everyone's RIGHT, but it should only be THEIR problem, not yours.

[Gary and Alla 3,694]

They will not issue her a ss# if she doesn't have an employment authorization. They need to just go to Las Vegas or Reno all they need is a government issued ID, passport will do for her to confirm they are legal age. They should receive the marriage certificate in a week or two then proceed with filing of the adjustment of status for her. Then when USCIS issue the employment authorization that is the time that she can apply for a social security number. They are losing time because they will never issue her the number until she gets the employment authorization.

Hope this helps.

How would it help to give wrong information? K1s are eligible for an SSN from the moment they arrive until day 76 of their I-94. No one needs to go to Las Vegas to get married (unless they want to)

Please inform yourself before answering questions that affect others lives.

[Gary and Alla 3,694]

The RealID act requires states to collect the SSN from anyone applying for a state license, including a marriage license, but I recall Gary saying there was a Supreme Court ruling that states could be required to collect it if the applicant had an SSN, but couldn't require the applicant to actually have an SSN as a prerequisite to getting the license. As a result of that ruling, states dropped the requirement for applicants to have an SSN, but applicants who have one are required to submit it.

What state is this?

Vermont issues drivers licenses without SSNs, Jim. Both our sons received their driver's licenses (a permit in Pasha's case) before they had work authorization and as K2s they were not eligible for an SSN until they had a green card or EAD. We DID have to get a letter from the SS office stating they were not eligible to receive an SSN. I cannot comment what other states require. Alla and Sergey had driver's licenses before they had a green card or EAD, but I cannot comment on other states requirements.

at any rate, K1s ARE eligible for SSNs and this goes back to when states COULD require it. That is why K1s can get the SSN but K2s cannot.

Like a plane crash, this was made up of multiple pilot errors all at once.

[Krikit 1,164]

Moving from K-1 Process to Working & Traveling. This is where you'll find the SSN section. Look for posts by a member named I Quit. He is the resident expert on SSN's.

[baron555 934]

This is a case of the person not knowing what to do,

SSNs are not required for marriage licenses in ANY state per the Supreme Court as of June, 2008. They can ask for them, they cannot require them. enter NONE if you have none. If you have a problem with an untrained clerk, then ask for a supervisor.

K-1s are eligible for an SSN immediately on arrival. The next day works best. Nothing has to be checked. They didn't know the facts, they met an uninformed SS person (big surprise) and walked away instead of demanding a supervsor that knew the rules. My wife had her social security number less that 48 hours after her arrival. She is nothing speciai (except to me) and anyone can do it in any SS office. Their option now is to get married and file an I-130 WITH the I-485 for adjustment of status.

Inform yourself of the issues that affect your family, they are depending on you to do that. Demand that untrained government clerks process your requests as required by law. Ignorance is everyone's RIGHT, but it should only be THEIR problem, not yours.

Go to the Vj Guides on how to obtain a SSN. There is a SS internal document which you can print out and take to the SS office so you can educate them on what they should know. You CAN get it and ask for a supervisor if the person at the window has not clue. Be professional but be insistent.

[charity1214 3]

go to Las Vegas

Really... what state do they live in? I bet if you pushed, no SSN is really required

Having recently had to file for the marriage license, I just went through this because my fiance had no SSN nor an Alien Registration Number.

Marriage licenses are given out by the probate court of each county in a state. The probate judge can determine what information they require before they give a license. Some judges want more than others. You do not need to look at other states, but rather, other counties. We drove 1 1/2 hours to a neighboring county and were able to get a marriage license with only his drivers license (they didn't even LOOK at mine- the US Citizen) and a passport. I suggest calling the probate courts in your state (starting with the closest counties and stretching outward) until you find a probate court that will issue a marriage license with just Passport and/or ID.

Be aware though that some states have a waiting period before issuing the license. We filed on a Thursday and had to drive back 24 hours later to pick it up. The license is good statewide though, so the wedding could be anywhere in the state.

Good luck and don't stress over the SSN. It is NOT needed for all marriage licenses.

[I'm Gone 60]

They need to go back to the SSA office to see if the SSN has been assign. If the application is still pending, they are SOL on being assigned an SSN based on the K-1 status.

From and including: Tuesday, August 10, 2010

To, but not including : Monday, October 25, 2010

It is 76 days from the start date to the end date, but not including the end date

If the SSN has been assigned, they are also SOL on being issued a replacement card based on the K-1 status, but can request an SSN Verification Printout. Not the same as having a card, but better than nothing until eligible to be issued a replacement card.

As far as getting married, GO GET MARRIED SOMEWHERE IN THE U.S. ASAP!!!