Confusion about SSN & K-1, Got Denied

[cc131 0]

Hey VJ'ers!

First of all, thanks for this great forum! I've found all sorts of useful information on this site .

Here's the situation, i'll lay it all down in a story so it will be easier to understand.

My Wife (Was fiance back at this time) entered the U.S. on a k-1 visa on 5/15 of this year. We got married on 5/30 and applied for a SSN on 6/13 of this year. We were told it would take a few weeks up to two months to receive the card.

Okay, so we wait and wait and eventually on 8/10 we get a mail that says that they could not issue a SSN card before her legal status expired, and also they were unable to verify her legal status in the U.S.

So, we go back to the S.S.A, and tell them that we need to apply again, they tell us that my wife's i-94 is going to expire (on 8/12) so they cannot issue, they told us to go to homeland security to get the i-94 extended and then re-apply for the SSN.

Today, we went to homeland security, and the person helping us thought it was a bit strange it took them this long to the point they denied us. He wrote on the back of my wife's i-94 saying the visa would be extended another 90 days until October.

So we went back to the SSA with the i-94 extended, and a different person told us that, my wife cannot get a SSA because we are married and that invalidates the k-1, also the i-94 being extended she said she had never seen that before and it does not work. She said we would have to wait until her status changes either via EAD or green card (We have applied for both already, but who knows how long it will take.) to apply for an SSN.

I'm just a bit confused with the procedures, I thought we had done everything according to rule, but we were struck with some bad luck instead. .

Also what's the incentive to hurry and get married (The immigration officer warned us to get married quickly or my wife would be illegally here) when we should in fact NOT get married first and apply for SSN?

Thanks VJ'ers! Sorry if I came off as annoyed or aggravated, it should be directed towards the SSA

Thanks!

[Darnell 8,478]

getting married and getting an ssn are two different things.

must to be married under 90 days of the POE date.

What I will guess happened with the SSN intake, at the SSA office -

--SAVE database lookup not find her by her VISA Name or VISA number, probably a typo, so the 'thing' was sent off for USCIS Verification

so when the verification came back, they mention they can't verify her with USCIS,

so I ask - did she apply in the 'married' name or the VISA name?

[cc131 0]

getting married and getting an ssn are two different things.

must to be married under 90 days of the POE date.

What I will guess happened with the SSN intake, at the SSA office -

--SAVE database lookup not find her by her VISA Name or VISA number, probably a typo, so the 'thing' was sent off for USCIS Verification

so when the verification came back, they mention they can't verify her with USCIS,

so I ask - did she apply in the 'married' name or the VISA name?

Hey Darnell, thanks for the reply.

She applied with her VISA name, we did not apply for any name change as she wants to keep her last name.

Cheers

[dukeandduchess 141]

When you first applied you used the K1 visa as your "proof of legal status", which was invalidated when you got married (once you get married the K1 visa is gone). Then they told you to use the I94, which was close to expiring.

The way to get an SSN when entering as a K1 is either:

A) before getting married using the K1 visa OR I94

B) after getting married using a valid I94 (more than 1 day of validity)

** This is information I got from the SSN office, who told me my I94 was expired when I tried applying in my married name. I'm not sure if the part about the I94 is accurate or not because it's hearsay**

So yes, now you need to wait until you file for AOS. I had a similar problem with my SSN. I applied and received an SSN in my maiden name prior to our marriage. I then tried to change my SSN to my married name (after both my K1 visa and I94 expired) and they denied it because I do not have proof of legal status.

Unfortunately you kind of got screwed over :/

Edited August 14, 2012 by dukeandduchess

[cc131 0]

When you first applied you used the K1 visa as your "proof of legal status", which was invalidated when you got married (once you get married the K1 visa is gone). Then they told you to use the I94, which was close to expiring.

The way to get an SSN when entering as a K1 is either:

A) before getting married using the K1 visa OR I94

B) after getting married using a valid I94 (more than 1 day of validity)

So yes, now you need to wait until you file for AOS. I had a similar problem with my SSN. I applied and received an SSN in my maiden name prior to our marriage. I then tried to change my SSN to my married name (after both my K1 visa and I94 expired) and they denied it because I do not have proof of legal status.

Unfortunately you kind of got screwed over :/

Hey dukeandducchess, thanks for the reply!

I understand what you mean, so one person at the SSA office told us to go to immigration to get our i-94 extended, which we did, by another 90 days. Doesn't that mean we can apply for an SSN? Her i-94 is now set to expire in October 12 now.

We did not apply for any name change since my wife wants to keep her last name, they don't implement a last name change by default do they?

Edited August 14, 2012 by cc131

[dukeandduchess 141]

Hey dukeandducchess, thanks for the reply!

I understand what you mean, so one person at the SSA office told us to go to immigration to get our i-94 extended, which we did, by another 90 days. Doesn't that mean we can apply for an SSN? Her i-94 is now set to expire in October 12 now.

We did not apply for any name change since my wife wants to keep her last name, they don't implement a last name change by default do they?

I think the problem with the I-94 extension would be that her entry was based on the K1 visa. So if the I94 was extended, it would either still be tied to the K1 visa (which is a one-time entry based on being unmarried) OR it's not linked to any visa (thus no proof of legal status). The I-94 is just a record of arrival-departure so it doesn't imply any legal status (other than the person is allowed to be in the US).

That's just my guess, though. I'm not too sure how an I94 extension would work in this case. Sorry I can't help more - I know it's confusing.

No, they do not implement a name change. You have to apply for a name change.

[cc131 0]

I think the problem with the I-94 extension would be that her entry was based on the K1 visa. So if the I94 was extended, it would either still be tied to the K1 visa (which is a one-time entry based on being unmarried) OR it's not linked to any visa (thus no proof of legal status). The I-94 is just a record of arrival-departure so it doesn't imply any legal status (other than the person is allowed to be in the US).

That's just my guess, though. I'm not too sure how an I94 extension would work in this case. Sorry I can't help more - I know it's confusing.

No, they do not implement a name change. You have to apply for a name change.

Ok, good about the name change thing phew.

I guess the most confusing thing is what i've been told. The first time at the SSA we applied for it swiftly and there didn't seem to be any issues. The second time we went into the SSA office they told us we had to get our i-94 extended then apply for SSN, when we went into homeland security, they extended it and told us to go back to SSA office to apply, then when we went back to SSA office, they told us we couldn't.

[Darnell 8,478]

sorry, you have found the idiot enclave.

Unsure what to tell you, for 'this week fixing', as yer past the 2 week window of the first I-94.

If I was in your shoes, I'd be getting names at each turn, and complain a lot till I got what I wanted.

But I'm an azzhole, always.

[Que Saudade 284]

My Wife (Was fiance back at this time) entered the U.S. on a k-1 visa on 5/15 of this year. We got married on 5/30 and applied for a SSN on 6/13 of this year. We were told it would take a few weeks up to two months to receive the card.

CC,

It appears you did exactly what we did, except your wife didn't get a SSC. My wife got her SSC prior to us getting married using her maiden name. (as she and I agree that it is her choice as what name she prefers to use, irrelevant as far as SS office is concerned). We had no problem, so it is not anything you have done wrong at first glance. Maybe just a huge glitch with SS office and/or worker etc....

The good news is that it really doesn't matter at this point whether she has a SSC or not. She can't work until EAD approved.

Once you file for AOS/EAD/AP and she receives her EAD/AP combo card, then she can go back to the SS office and apply then.

This whole process is incongruent in many ways. You have yet pointed out another. When we entered on K1, they stamped her I-94 that she had employment authorization and she asked the CBP officer if that meant she could work and he said yes.

Of course, he was wrong. But it took me forever to convince her otherwise. (Her belief in an US official was infallible at the time).

Anyhow, sorry for that ramble, I just wanted to point out another "boo boo" with the system.

We never encountered a use for the SS card until she had her EAD and applied for a job.

Sorry for your troubles.

Edited August 14, 2012 by Que Saudade

[cc131 0]

CC,

It appears you did exactly what we did, except your wife didn't get a SSC. My wife got her SSC prior to us getting married using her maiden name. (as she and I agree that it is her choice as what name she prefers to use). We had no problem, so it is not anything you have done wrong at first glance. Maybe just a huge glitch with SS office etc....

The good news is that it really doesn't matter at this point whether she has a SSC or not. She can't work until EAD approved.

Once you file for AOS/EAD/AP and she receives her EAD/AP combo card, then she can go back to the SS office and apply then.

This whole process is incongruent in many ways. You have yet pointed out another. When we entered on K1, they stamped her I-94 that she had employment authorization and she asked the CBP officer if that meant she could work and he said yes.

Of course, he was wrong. But it took me forever to convince her otherwise. (Her belief in an US official was infallible at the time.

Anyhow, sorry for that ramble, I just wanted to point out another "boo boo" with the system.

We never encountered a use for the SS card until she had her EAD and applied for a job.

Sorry for your troubles.

Hehe Yep, but with an SS card she can get driver's license and it would force her to study that DMV manual, since she can't really do anything else here at the moment .

[cc131 0]

I should add on the i-94, on the back the USCIS official added the following words:

"Extension of K-1 visa status granted until October 12, 2012 per USCIS, *Contact info*"

[Brian121957 43]

When you first applied you used the K1 visa as your "proof of legal status", which was invalidated when you got married (once you get married the K1 visa is gone). Then they told you to use the I94, which was close to expiring.

The way to get an SSN when entering as a K1 is either:

A) before getting married using the K1 visa OR I94

B) after getting married using a valid I94 (more than 1 day of validity)

** This is information I got from the SSN office, who told me my I94 was expired when I tried applying in my married name. I'm not sure if the part about the I94 is accurate or not because it's hearsay**

So yes, now you need to wait until you file for AOS. I had a similar problem with my SSN. I applied and received an SSN in my maiden name prior to our marriage. I then tried to change my SSN to my married name (after both my K1 visa and I94 expired) and they denied it because I do not have proof of legal status.

Unfortunately you kind of got screwed over :/

You did the steps you took should have worked. But I question the info above befor getting maried using the K1 visa. It expired when she entered. On entry the I94 was created and became valid for 90 days. Marriage is a requirement to stay beyond the 90 days but marriage does not make the I94 invalid. it stay valid for 90 days married or not.

[Que Saudade 284]

Hehe Yep, but with an SS card she can get driver's license and it would force her to study that DMV manual, since she can't really do anything else here at the moment .

Oh, glad you can in your state. Ga changed the laws on getting driver's license for non-US citizen.... She had to have her EAD to show legal status along with SS card and her valid passport.. I guess Ga is a little more paranoid.

Edit: for those making confused comments about getting SS card process read section for K1 visa holders

Edited August 15, 2012 by Que Saudade

[cc131 0]

So there is no way my wife can get an SSN now even though

1) Homeland security wrote on the back of my wife's i-94 ""Extension of K-1 visa status granted until October 12, 2012 per USCIS, *Contact info*" "

and

2) SSA took two months in order to notify us that we were denied, because her legal status would expire before they could issue the card.

Thanks!

[Que Saudade 284]

So there is no way my wife can get an SSN now even though

1) Homeland security wrote on the back of my wife's i-94 ""Extension of K-1 visa status granted until October 12, 2012 per USCIS, *Contact info*" "

and

2) SSA took two months in order to notify us that we were denied, because her legal status would expire before they could issue the card.

Thanks!

CC, seeing how this is unusual, I honestly don't know. But, I never say never. I would somehow try and initiate contact with a supervisor at the SS office and gently point out that you should have been issued a SS card with the original application. There should not have been any reason that your wife was denied. She entered legally via K1, she was within I-94 timeframe of applying for SS. (not to early, not to late)

The only thing that I will speculate on is that she did not get entered into the SAVE-ASVI system for whatever reason. Again, not your fault.

Try to speak with the SS supervisor, if they will talk to you, and see what they say.

Good luck and I feel your frustration..!!