SS Card denied

[Mike and Shamim 0]

My fiance came on a K-1 visa and is eligible for work based on that visa. They did not give Employment authorization on her visa upon entry. The SS office said we need that stamp from immigration, or get an EAD ($380).

There is an I-94 right inside the Passport. This is all the VJ SS Guide states we need. Maybe something has changed?

Don't we need the SSN when we do the I-485? Or adding her to my health insurance plan?

How long does it take to get an EAD?

Something seems backwards!

[Inky 1,110]

YOu dont need an SSN to file for AOS.

If your I-94 is almost expired they will NOT issue you a SSN.

[TracyTN 237]

The SS office is wrong. As a K1 visa entrant, she is work authorized for SSA's purposes the moment she enters the US.

Print out the document in my signature (part C is of particular interest) and go back to the SSA office with it - ask to speak to a supervisor if you must. As long as it has not been more than 78 days since she entered the US, she can have her SSN now. If it has been 78 days or more, she will have to have her EAD card before she can get the SSN.

Most health insurance plans require an SSN, but some do not - call and find out. She does not have to have the SSN in order to submit the I 485 or receive her green card and/or EAD (which averages about 2 months to receive).

I am also moving this thread out of the K1 process forum.

Edited December 1, 2010 by TracyTN

[Barbara J 115]

My fiance came on a K-1 visa and is eligible for work based on that visa. They did not give Employment authorization on her visa upon entry. The SS office said we need that stamp from immigration, or get an EAD ($380).

There is an I-94 right inside the Passport. This is all the VJ SS Guide states we need. Maybe something has changed?

Don't we need the SSN when we do the I-485? Or adding her to my health insurance plan?

How long does it take to get an EAD?

Something seems backwards!

No she can't work till she receives EAD and you will apply for that when you adjust status AOS along with AP after your marriage in January.

She can apply for an SSN before her I-94 expires and as seeing she arrived here 6th November she can apply for that now as it has been a few weeks and she will be on the system.

[Mike and Shamim 0]

No she can't work till she receives EAD and you will apply for that when you adjust status AOS along with AP after your marriage in January.

She can apply for an SSN before her I-94 expires and as seeing she arrived here 6th November she can apply for that now as it has been a few weeks and she will be on the system.

OK, but they would not even let her apply today, and they KNEW about section "C" when I showed the printout. It's not the need to work, but rather the health insurance that is a concern.

The SS woman said her computer would not let anything even go through without some work authorization number. (Stamped on VISA or EAD).

So, I guess its ~$1000 for the AOS and another $380 for the EAD.

Thanks you all for the replies.

Mike

[moroccogirlny 100]

My fiance came on a K-1 visa and is eligible for work based on that visa. They did not give Employment authorization on her visa upon entry. The SS office said we need that stamp from immigration, or get an EAD ($380).

There is an I-94 right inside the Passport. This is all the VJ SS Guide states we need. Maybe something has changed?

Don't we need the SSN when we do the I-485? Or adding her to my health insurance plan?

How long does it take to get an EAD?

Something seems backwards!

A K1 is not eligible for work. Read the I-9 requirements I-9 page 5. She can still get her SS card. Once you apply for AOS you can apply for the EAD and AP where the fee includes all. If you file the EAD before filing AOS then it's $380 but it's not recommended to do so.

[HappyRs 8]

A K1 is not eligible for work. Read the I-9 requirements I-9 page 5. She can still get her SS card. Once you apply for AOS you can apply for the EAD and AP where the fee includes all. If you file the EAD before filing AOS then it's $380 but it's not recommended to do so.

The SSA is wrong, but we encountered the same problem! We had to argue with 3 officers (one of them being a supervisor), until a 4th one came in and said we were right... We were dead set not to leave the agency without my application being accepted and we finally made it! It's nerve wrecking! Anyway, if you don't want to fight this battle with the incompetent people at SSA, apply for AOS without SSN! You don't need SSN to adjust status. Good luck!

[TracyTN 237]

OK, but they would not even let her apply today, and they KNEW about section "C" when I showed the printout. It's not the need to work, but rather the health insurance that is a concern.

The SS woman said her computer would not let anything even go through without some work authorization number. (Stamped on VISA or EAD).

I would still go back and ask to speak to her supervisor. Or go to SSA.gov and submit a complaint about that office. I did that after having similar trouble and they called me back 2 days later saying hubby's SSN application had been accepted and to expect the card in two weeks.

A K1 is not eligible for work. Read the I-9 requirements I-9 page 5. She can still get her SS card.

I think where this gets fuzzy is for USCIS purposes, K1 entrants are not work authorized until they receive EAD. For SSAs purposes,they are work authorized upon entry.

[Barbara J 115]

OK, but they would not even let her apply today, and they KNEW about section "C" when I showed the printout. It's not the need to work, but rather the health insurance that is a concern.

The SS woman said her computer would not let anything even go through without some work authorization number. (Stamped on VISA or EAD).

So, I guess its ~$1000 for the AOS and another $380 for the EAD.

Thanks you all for the replies.

Mike

What state are you in Mike you can try another ss office as some are not so accomodating. She is so entitled to a ssn and can change to marrried name after your marriage too so no issue there. Don't pay extra now for EAD can add that all in with AOS application then it is waived along with AP. When you say health insurance you mean she wants some now cause she can be added on to yours after your marriage. No chance of bringing that forward by any chance? You would be able to get things done a lot quicker. Just a thought.

[Harpa Timsah 13,258]

OK, but they would not even let her apply today, and they KNEW about section "C" when I showed the printout. It's not the need to work, but rather the health insurance that is a concern.

The SS woman said her computer would not let anything even go through without some work authorization number. (Stamped on VISA or EAD).

So, I guess its ~$1000 for the AOS and another $380 for the EAD.

Thanks you all for the replies.

Mike

Mike, as others have said, the EAD is FREE when included with the application for AOS. You will pay $1070, which will include 485, EAD, and AP if you want it. That fee includes everything. It sounds like you were hoping to save money by not applying for an EAD or something...

Yes, you should be able to get her a SSN now, but you won't waste money by applying for the EAD. Good luck.

[I'm Gone 60]

OK, but they would not even let her apply today, and they KNEW about section "C" when I showed the printout.

Which SSA office was this? As others have said you can either go back to that office and plead your case with a manager if they won't accept the application, or try another office. If she had her I-94 marked as a K-1 and passport, the person didn't know what they were doing.

In the meantime, you can send an e-mail to SSA:

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

Be sure to include that she has K-1 status, your phone number and at which SSA office this happened. If in a big city like for example, New York, the address of the office will be helpful.

[Colleens 40]

Ensure when answering question #5 on the SS application that you check the box "legal alien allowed to work". As others have stated according to the SSA you are allowed to work, but USCIS does not allow for it. I have heard of a few people who mistakenly checked the "not allowed to work" box and were denied a card.

I would definitely try going to another office as well.

[rlogan 2,036]

The SSA is wrong, but we encountered the same problem! We had to argue with 3 officers (one of them being a supervisor), until a 4th one came in and said we were right... We were dead set not to leave the agency without my application being accepted and we finally made it! It's nerve wrecking! Anyway, if you don't want to fight this battle with the incompetent people at SSA, apply for AOS without SSN! You don't need SSN to adjust status. Good luck!

Just to reinforce what other people have said - the social security office requires that you be stupider than a rock and more stubborn than a mule to work there, plus have a bad attitude.

We were denied over and over again, our congressional office was useless, we waited until she got a green card and they STILL denied us, insisting we had to have certified copies of our marriage certificate and other things despite having a GREEN CARD already. But the last time in there was a new employee who had not been trained to send us away at all costs. She fought with the senior employee and gave us her SS#, and told the senior employee she was wrong about making us go get the certified marriage certificate and all.

So yes, be prepared to go to supervisors, lodge complaints, or go to another office - it is incredible how bad the SS offices are...

[SimplyMacy 4]

A K1 is not eligible for work. Read the I-9 requirements I-9 page 5. She can still get her SS card. Once you apply for AOS you can apply for the EAD and AP where the fee includes all. If you file the EAD before filing AOS then it's $380 but it's not recommended to do so.

Why not? A k1 holder is eligible to work temporarily IF she has a temporary work permit as she enters the US.

[rsn 135]

Why not? A k1 holder is eligible to work temporarily IF she has a temporary work permit as she enters the US.

Wrong. Please research this topic, which has been covered on VJ many times before.