trying to get Social Security Card based on K-1 Visa

[Mmelon 8]

My now husband entered the U.S. on his K-1 visa. We had been told not to apply for his social security number until after we married, so we waited until after the wedding. When we went to the SS office to apply, they said that he would have to wait until he got his work authorization to get his number because now that we are married, the K-1 visa is no longer valid. Is this right? It sounds kind of weird to me. He has only been here less than a month, and I thought that the visa and I-94 were valid for 90 days upon entry. Since we got married, can he really not get a social security card until he gets permission to work? The lady at social security said that he is considered out of status since we got married. Is that correct? I'm lost here. Any advice?

[Hypnos 6,576]

No, it's nonsense.

A K-1 is entitled to a social security number whether or not they have married or filed for adjustment, provided there are at least 14 days of validity left on their I-94.

Go back to the SSA office and ask to speak to a supervisor if they continue to spout ridiculous things like that.

Edited November 7, 2013 by Hypnos

[xXJulzXx 0]

Well I don't know where or who you heard that from but I guess that is still one option but if you got married more or less right away, then your husband should of been able to apply for a new card because the I-94 last 90 days. Here is how the K1 works though: When it is first received, the person who is coming to the US has 6 months to do so because that's how long is it valid for.. but once they enter the US, it is only valid for 90 days because you have to get married within those 90 days. Therefore once you get married the K1 is no longer valid but the I-94 I think is still valid until the 90th day. What I looked up/heard is that you should wait at least 2 weeks after the person arrives to go apply for a SS card (which is what I did) Then after you get married, go back and apply for a name change on the SS card. This didn't work out well for me and my husband because we got married towards the end of the 90 days, therefore when we did go back to apply for a name change the I-94 was less than 14 days from expiring so they couldn't issue me a new card. I finally went back to the SS Office last week because I have recently received my EAD Card and I was able to apply for a name change this time.

If they wouldn't allow him to apply for a name change on the card right now then you might have to wait till down the road when he gets his EAD Card.

Hope this helps.

[3SS 0]

The same happened to me! The people at the SSN office told me since I had married my fiancée I was now considered K3.

Anyone can shed some light on this?

[KayDeeCee 4,893]

The same happened to me! The people at the SSN office told me since I had married my fiancée I was now considered K3.

Anyone can shed some light on this?

The SSA workers do not know what they are talking about. That is about the only light to shine on it. They tend to give immigration info and 'advice' while knowing absolutely nothing about it. They should stick to learning their own jobs and leave the immigration stuff to the USCIS. What utter nonsense that a K-1 turns into a K-3. I would have laughed in their face and told them point blank that they have no clue about about immigration and how the visas work, so to please stop, but that is just me.

Anyway, ask to speak to a supervisor. As long as you have at least 2 weeks left before your I-94 expires, then you are eligible to get an SSN. Getting married does not invalidate your K-1 entrance. http://www.visajourney.com/content/ssn

If the supervisor is still of no help to you, then contact the SSA. Some people in the past have had success emailing them and being sent back an email to print and show to the local SSA office workers that lets them know you are eligible to receive an SSN. http://www.ssa.gov/pgm/reach.htm

~ Moved from AOS from Family Based Visas to Social Security Numbers - topic is about getting an SSN ~

[Protocol417 161]

Question: For the evidence of identity, would the passport (with K-1 visa) along with the I-94 satisfy the requirement, or is there something else they need to bring?

[Hypnos 6,576]

Passport (with visa and I-94) and birth certificate are what you will likely need to show.

[KayDeeCee 4,893]

Question: For the evidence of identity, would the passport (with K-1 visa) along with the I-94 satisfy the requirement, or is there something else they need to bring?

That is all my husband needed. They do not seem to ask for or care about foreign birth certificates, but cannot hurt to bring it along anyway.

[Hypnos 6,576]

The SSA office in Fort Worth asked me for my birth certificate when I applied for a new card. Your birth certificate is on their list of documents to take to obtain a new number.

[KayDeeCee 4,893]

For a K-1 eligibility, they should only need their passport, K-1 and I-94, as stated in the VJ guide here, but maybe different SSA offices will ask for other documents. Hell, a lot of the SSA workers do not even know what a K-1 is or that they are eligible to begin with. This info document for non-citizens says proof of age can be proven with foreign birth certificate or passport, so if you are already bringing the passport with the K-1 in it, seems easiest to use the passport. But, like you said, some offices might ask for other things, needed/required or not.

[Mmelon 8]

Thanks everyone. I will email social security and also go back to a different local office next week where hopefully the employees are not so rude. They had my husband freaking out that he was out of status. =/

[Mmelon 8]

So social security is saying that we have to give a specific reason stating why my husband needs a social security number before his work authorization. What should I say? It's his right to be issued a number.

[Hypnos 6,576]

You tell them he is entitled to one as a matter of course, and ask for a supervisor if they keep giving you #######.

Maybe take a printout of this along with you: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530 and perhaps https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420 (scroll to K-1 for both).

Edited November 11, 2013 by Hypnos

[xXJulzXx 0]

So social security is saying that we have to give a specific reason stating why my husband needs a social security number before his work authorization. What should I say? It's his right to be issued a number.

Huh.. I don't recall being asked for a specific reason why I needed one when I first went and applied for mine. If they're giving you and your husband such a hard time about obtaining one right now then you probably should just wait till he gets his work authorization. I mean in my opinion if they're not granting him one, then it's not really worth the hassle and stress in trying desperately to obtain one right now when the truth is, he doesn't really need an SS number until he is able to find work. I mean the Adjustment of Status paper work has a box for an SS number if you have already obtained one but its not necessarily a requirement right now. If you really want to give them a reason in order to try and obtain one then maybe tell them that after researching online and stuff, its what it said to do or that in order to help your husband adjust his status, its better if he has an SS, I don't know.. lol.

Good luck, hope you figure something out.

[DavenRoxy 1,073]

As stated, pure bunk. Both that he cannot get a SSN after marriage, and that a K1 "turns" into a K3. Open your passport to the visa page, and ask them exactly WHEN the 1 will turn into a 3. Maybe they can offer some fairy dust to speed the process...

SSN is authorized for K1 visa holders, period. You can apply any day after you arrive up until the 76th day. If you wait longer, you will have to wait util your EAD card arrives after you apply for AOS. You can apply before marriage (seems to be the less-hassle way to go), or do so after marriage. We did ours after marriage, brought the passport/visa, I-94, and marriage certificate. No problem. But some have had issues because the clerk can't seem to bridge the gap between your passport (maiden) name and your new legal (married) name. It's a simple leap of faith on their part to verify you are who you say you are, and you have a right to have a new last name. After all, that is the main purpose behind the K1 and I-94 window, right?

It's really frustrating to see just HOW DIFFICULT of a time people here are given because of the ignorance of SS agents all over the US of A. I apologize on behalf of our government for those who have had a hard time.

OTOH... here's the scoop: you don't really NEED a SSN until you have your EAD and seek employment. It's not required for much of anything you can do until you get your EAD or GC. So if you weren't allowed to apply, sit back, relax, have a beer, and wait for your EAD. Then go back and make that lazy SS SOB do his/her job, and ask to talk to their supervisor if they can't do it right!