SSN After Marriage?

[STL_HCMC 0]

Hello Everyone!

My wife entered the United States on a K1 visa from Ho Chi Minh City, Vietnam. We were married on November 22, 2006.

I read the guides regarding social security, printed out, took with me and showed them the RM 00203.500: Employment Authorization for Nonimmigrants print out from the guide.

We went to the local Social Security Administration office today to attempt to get her a social security number and card. However, we were told that because we are already married she will not be able to get a social security number until (1) we present an EAD from the USCIS, or (2) we present a green card.

They told me since we got married my wife no longer has K1 visa status. They said right now she has no status at all until she files for AOS. They said if we had applied for the SSN before we got married they could issue it with no problems.

Is this accurate information I received from SSA? Are there any other options?

Thanks in advance for your help!

STL_HCMC

[Yodrak 7]

STL_HCMC,

Quite a few people have this problem. There are several ways to aviod it. The first and easiest is to apply before marriage.

Since that's too late for your wife now, the second way is to not let on that she's married - note that there is nothing on the application form about marital status. Hurry back to the SSA office (might be best to go to a different office to avoid the same person), a K1 must apply within 76 days of entry and your wife is about out of time.

If you want the details, search for posts by mdyoung.

Yodrak

Hello Everyone!

My wife entered the United States on a K1 visa from Ho Chi Minh City, Vietnam. We were married on November 22, 2006.

I read the guides regarding social security, printed out, took with me and showed them the RM 00203.500: Employment Authorization for Nonimmigrants print out from the guide.

We went to the local Social Security Administration office today to attempt to get her a social security number and card. However, we were told that because we are already married she will not be able to get a social security number until (1) we present an EAD from the USCIS, or (2) we present a green card.

They told me since we got married my wife no longer has K1 visa status. They said right now she has no status at all until she files for AOS. They said if we had applied for the SSN before we got married they could issue it with no problems.

Is this accurate information I received from SSA? Are there any other options?

Thanks in advance for your help!

STL_HCMC

Edited December 11, 2006 by Yodrak

[STL_HCMC 0]

Hi Yodrak,

Thanks for your advice and quick response. We tried that (i.e. not letting on that we were married) right out of the gate at the SSA office, but then they asked if we were married. We didn't want to lie (this is the government we're dealing with) and thus our honesty backed us into this situation.

So, you're saying that what they told us is true?

STL_HCMC

STL_HCMC,

Quite a few people have this problem. There are several ways to aviod it. The first and easiest is to apply before marriage.

Since that's too late for your wife now, the second way is to not let on that she's married - note that there is nothing on the application form about marital status. Hurry back to the SSA office (might be best to go to a different office to avoid the same person), a K1 must apply within 76 days of entry and your wife is about out of time.

If you want the details, search for posts by mdyoung.

Yodrak

[YuAndDan 153]

SSA 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 with K-1 status has been in the United States 76 days he or she will need another document, i.e. I-551, I-688B or I-766 to establish employment authorized status for SSN purposes.

Today is day 73 for you. You only have 3 more days to try again.

In your case it's not exactly a name change since you want to apply for the original SSN and card in your married name, but birth certificate, I-94 along with passport and marriage certificate should work as long as the marriage certificate has your age or date of birth.

If you run into a nucklehead that doesn't want to accept the application because you are married or will not allow you to apply in your married name start yelling for the office manager.

SSA 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 with K-1 status has been in the United States 76 days he or she will need another document, i.e. I-551, I-688B or I-766 to establish employment authorized status for SSN purposes.

RM 00203.500 Employment Authorization for Nonimmigrants:

http://policy.ssa.gov/poms.nsf/lnx/0100203500#C1

RM 00203.410 Evidence of Alien Status for an SSN Card for an Alien Lawfully Admitted for Permanent Residence:

http://policy.ssa.gov/poms.nsf/lnx/0100203410

Only the marriage document (foreign or domestic) is needed if it meets the following criteria:

-- The new name can be derived from the marriage document, i.e. bride takes the groom's last name, groom takes bride's last name, compound name (with or without hyphen) of each spouse's original name for either or both parties.

Note: State law must also allow the type of name change wishing to be made

-- The marriage occurred within the past two years

-- The marriage document shows sufficient identifying information, e.g., biographical data such as age, date of birth or parent's names

Otherwise you will need another idenity document in the married name or apply in your maiden name.

When issuing immigration documents, the Department of State and Department of Homeland Security issue them in the person’s legal name. The legal name is also generally the name in which the foreign passport was issued.

When an alien applies for an SSN card, SSA presumes the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change (e.g., marriage) that occurred after the immigration document was issued.

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

You can find detailed information regarding changing SSN record (Numident) data on the SSA Website at:

http://policy.ssa.gov/poms.nsf/lnx/0100203210

http://tinyurl.com/f7s8l

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

“If the applicant has no immediate need for the SSN and the translation can be done promptly or the foreign language document is the only evidence available; have the document translated by an authorized translator and use the document as evidence.”

“If the applicant has a pressing need for an SSN, and evidence other than the foreign language document is available; request other evidence and process the application without the foreign language document.”

RM 00203.040 Reviewing SSN Evidence:

http://policy.ssa.gov/poms.nsf/lnx/0100203040#B3

GN 00301.340 Authorized Translators Defined:

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

If a foreign-born person has the foreign birth certificate (BC) in his/her possession or can easily obtain a copy, he or she must submit it as proof of age. When a person is foreign-born, a BC may not exist, may not have been recorded shortly after birth, or the probative value of the document may not be high. In these situations, SSA can accept alternative evidence of age in order of probative value. The alternative evidence of age may be less than a year old, e.g., a DHS document or passport.

You can find detailed information regarding evidence that establishes age on the SSA Website at:

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 probative value of documents.

Any document used to establish identity must meet the following criteria:

-- The document provides information the reviewer can compare with the data on the form SS-5 (e.g., the person's name, as well as age, date of birth, or parents' names) and/or

-- The document provides information the reviewer can compare with the applicant (e.g., physical description, photograph).

NOTE: A non-picture identity document should have the person's name as well as information that can be compared to the SSN record, the applicant or other documents submitted (e.g., age, date of birth, or parents' names).

However, the acceptability of an identity document must be evaluated on a case by case basis by the office processing the application, taking into consideration the applicant's situation and exploring what evidence is available for the person.

You can find detailed information regarding evidence that establishes identity on the SSA Website at:

http://policy.ssa.gov/poms.nsf/lnx/0100203200#E6

SSA will not accept an application filing receipt or notice of action as proof of current lawful employment authorized status.

Take the required documents, to the nearest Social Security office. Individuals age 12 or older applying for an original SSN and card must apply in person at one of our offices.

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 at:

http://www.ssa.gov/locator

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

When an alien requests an SSN or replacement/corrected SSN card, SSA will verify his or her documents and current status with the appropriate Bureau of the Department of Homeland Security. If verification is not available through the Systematic Alien Verification for Entitlements (SAVE) system, SSA will send Form G-845 for manual verification.

RM 00203.720 Verifying Immigration Documents:

http://policy.ssa.gov/poms.nsf/lnx/0100203720

Note: If the applicant has changed his/her name after an immigration document, i.e. I-94, was issued, e.g., 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, i.e. 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.

If the SSA office does send the G-845, suggest that you go back to the SSA office no more that once week with your documents to (1) ask them to check SAVE again (2) ask if they sent a G-845 (3) if yes, did it come back (4) after 30 days ask if they have followed up on the G-845 by calling or sending another mark “second request.”

http://policy.ssa.gov/poms.nsf/lnx/0100203735

RM 00203.735 Requesting Online (Primary) Verification By SAVE

You can try calling the SSA Regional Office if you have waited at least 30 days and your local SSA office doesn't seem to be concerned about following up on the G-845

http://www.ssa.gov/otherssasites/

Refer them to:

http://policy.ssa.gov/poms.nsf/lnx/0100203740

RM 00203.740 Requesting Additional (Manual) Verification By DHS

Step 6

DHS should respond to SSA within 15 federal work days after receiving the Form G-845. If DHS does not respond within 15 federal work days from the receipt of the G-845 from SSA, follow-up with the DHS, USCIS Immigration Status office. (Allow 15 days plus five additional federal work days of mail time for the G-845 to be received at and returned from DHS. Follow local practice to follow-up with DHS.

Some SSA offices have an arrangement with the DHS, USCIS office to telephone for the follow-up contact; other SSA offices send a copy of the original G-845 annotated “second request.”) If the DHS response is still not received within 15 federal work days after the follow-up contact (if the follow-up is by mail allow five additional federal work days of mail time for the G-845 to be received at and returned from DHS), make a second follow-up contact. If the DHS response is not received within 15 federal workdays (again, if the follow-up is by mail, allow five additional federal work days of mail time for the G-845 to be received at and returned from DHS), after two follow-ups, contact the Regional Office (RO). Also report to the RO any trend that shows a serious deviation by DHS from the above time frames. The RO will consult with central office.

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

You may find additional SSN and employment information on the Internal Revenue Service Website at:

http://www.irs.gov/businesses/small/intern...=129227,00.html

[Yodrak 7]

STL_HCMC,

What they told you is not true, but it is what that office mistakenly believes to be true and you may have difficulty convincing them otherwise.

Go to a different office and try again. Remove rings and maybe the question won't be asked again. Consider the answer 'next week' if it is asked, or yell for the office manager - depends on how pragmatic or agressive you feel comfortable being!

Yodrak

Hi Yodrak,

Thanks for your advice and quick response. We tried that (i.e. not letting on that we were married) right out of the gate at the SSA office, but then they asked if we were married. We didn't want to lie (this is the government we're dealing with) and thus our honesty backed us into this situation.

So, you're saying that what they told us is true?

STL_HCMC

STL_HCMC,

Quite a few people have this problem. There are several ways to aviod it. The first and easiest is to apply before marriage.

Since that's too late for your wife now, the second way is to not let on that she's married - note that there is nothing on the application form about marital status. Hurry back to the SSA office (might be best to go to a different office to avoid the same person), a K1 must apply within 76 days of entry and your wife is about out of time.

If you want the details, search for posts by mdyoung.

Yodrak

Edited December 11, 2006 by Yodrak

[STL_HCMC 0]

Thanks YuAndDan!

So mdyoung is saying that being married shouldn't be an obstacle in getting a SSN?

Can you recommend what I should supply as evidence if/when I am able to talk to the office manager? What can I show them that says being married is still OK to get a SSN when entering on a K1 visa?

Or we could follow the advice of Yodrak, and attempt to try again tomorrow without mentioning that we are married!

Thanks for your help!

STL_HCMC

SSA 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 with K-1 status has been in the United States 76 days he or she will need another document, i.e. I-551, I-688B or I-766 to establish employment authorized status for SSN purposes.

Today is day 73 for you. You only have 3 more days to try again.

If you run into a nucklehead that doesn't want to accept the application because you are married or will not allow you to apply in your married name start yelling for the office manager.

[Yodrak 7]

YuAndDan,

Good reference! Keep it handy.

Yodrak

...

...

If you run into a nucklehead that doesn't want to accept the application because you are married or will not allow you to apply in your married name start yelling for the office manager.

.....

[raymaga 25]

I applied for my SSN after I was married, 2 days after my wedding, and approximately one month after my entry with my K-1 Visa. I had no problems whatsoever.

What you are trying to do is completely legal, as long as you do it before the time limit is up.

Good luck.

[STL_HCMC 0]

Hi raymaga,

Thanks for your reply. Did you tell SSA that you were married? Did you take you take the USC's last name?

STL_HCMC

I applied for my SSN after I was married, 2 days after my wedding, and approximately one month after my entry with my K-1 Visa. I had no problems whatsoever.

What you are trying to do is completely legal, as long as you do it before the time limit is up.

Good luck.

[raymaga 25]

Yes, they knew I was married because I wanted the SSN card to be in my new married name. I took a copy of my marriage certificate with me, along with my passport.

[jo&john 1]

Hello Everyone!

My wife entered the United States on a K1 visa from Ho Chi Minh City, Vietnam. We were married on November 22, 2006.

I read the guides regarding social security, printed out, took with me and showed them the RM 00203.500: Employment Authorization for Nonimmigrants print out from the guide.

We went to the local Social Security Administration office today to attempt to get her a social security number and card. However, we were told that because we are already married she will not be able to get a social security number until (1) we present an EAD from the USCIS, or (2) we present a green card.

They told me since we got married my wife no longer has K1 visa status. They said right now she has no status at all until she files for AOS. They said if we had applied for the SSN before we got married they could issue it with no problems.

Is this accurate information I received from SSA? Are there any other options?

Thanks in advance for your help!

STL_HCMC

Hi,

I came here on a K1 visa and got married 6 days after. We then went to the SSA office at McKinney, Texas 2 weeks after U.S. arrival to request for SS card. I filed under my married name and presented all documents (passport, birth certificate, marriage certificate, etc which the SS lady photocopied). She said that my name under the K1 visa is not even in their data base yet and since I got married already, she said that I am not already K1 and that I have to adjust status already. We told her that we already have an INFOPASS Appointment for Adjustment of Status thru the DORA Program a week after this SS application. She was very facilitative and she tried to check how she can help us. Nevertheless, she accepted our application in my married name and gave us a reference number so we could follow it up in 6 weeks. They have to refer it to USCIS. She said that if documents match with USCIS, I will receive my SSN. She made me sign some papers after we double checked the name, address, etc. She wants us to make sure that it is correct because it would be the name that will be reflected in the SS card. She then gave us a letter:

Social Security Administration

Important Information

3250 Craig Dr

McKinney TX 75070

Reference Number: _________

November 22, 2006

My Name

My Address

Dear ________

This is to show you that you requested a Social Security card on November 22, 2006. We cannot issue you a Social Security card until we check the document(s) you gave us to show your citizenship or alien status. We will check the document(s) with the agency that issued them. This will take about six weeks.

If that agency tells us their records agree with yours, we will mail you a Social Security card. If they tell us their records do not agree with yours, we will let you know, in writing, that we cannot issue you a card.

This letter does not mean that we will issue you a Social Security card. It also does not show you have the right to work in the United States.

If You Have Any Questions

We invite you to visit our website at www.socialsecurity.gov on the Internet to find general information about Social Security. If you have any specific questions, you may call us toll-free at 1-800-772-1213, or call your local Social Security office at 1-972-562-5710. We can answer most questions over the phone. If you are deaf or hard of hearing, you may call our TTY/TDD number, 1-800-325-0778. You can also write or visit any Social Security office. The office that serves your area is located at:

3250 CRAIG DR

MCKINNEY TX 75070

If you do call or visit an office, please have this letter with you. It will help us answer your questions. Also, if you plan to visit an office, you may call ahead to make an appointment. This will help us serve you more quickly when you arrive at the office.

Signed

Field Office Manager

----------

I am now waiting for my SS card. Hopefully, it will arrive soon. I have told the Immigration Officer during my AOS interview that I applied for SS card and that the SSA office is just waiting document confirmation from them.

Godspeed to all,

Jo

[Yodrak 7]

STL_HCMC,

There will be a problem with her applying using your surname - the SSA will have to confirm her status with the USCIS SAVE data base and that database will still show her maiden name for awhile, until the USCIS updates it based on her application to adjust status.

Apply now in her maiden name and worry about changing the name later, perhaps after adjustment is approved and she'll be wanting to remove the notation about employment status. For now, just get the card.

Yodrak

Hi raymaga,

Thanks for your reply. Did you tell SSA that you were married? Did you take you take the USC's last name?

STL_HCMC

I applied for my SSN after I was married, 2 days after my wedding, and approximately one month after my entry with my K-1 Visa. I had no problems whatsoever.

What you are trying to do is completely legal, as long as you do it before the time limit is up.

Good luck.

Edited December 11, 2006 by Yodrak

[STL_HCMC 0]

Thanks Yodrak. Appreciate your attention to this post of mine. We'll drive back down again tomorrow (to a different SSA office) and give this another shot - minus my last name!

Thanks again!

STL_HCMC

STL_HCMC,

There will be a problem with her applying using your surname - the SSA will have to confirm her status with the USCIS SAVE data base and that database will still show her maiden name for awhile, until they update it based on her application to adjust status.

Apply now in her maiden name and worry about changing the name later, perhaps after adjustment is approved and she'll be wanting to remove the notation about employment status. For now, just get the card.

Yodrak

Edited December 11, 2006 by STL_HCMC

[STL_HCMC 0]

Talking to SSA through their 1-800 number is ZERO USE! They said they didn't have a clue and that if that is what the local office told us, then that is probably correct.

Interesting!

STL_HCMC

[isleta521 5]

We also got married first, thinking it would just be easier not having to change her name a second time at SSA. Took all documentation including Certified Marriage certificate with our ages on it. The Bonehead lady would not let my wife apply for her SSn in her new name because she said that it did not match her I-94 in her passport. Of course I mentioned to her what HER website stated and she basicly did not care and was pretty much rude . I called the 1800 number and they could not understand why they would not accept our MarriageCertificate but in the end they said the field offices have the last say.