Re-Applying for Social Security Number w/ EAD Card After Rejection During AOS Pre-EAD

[I & B 273]

Hello,

So my wife came here on a last July, married me in early August, applied for a SSN in late August, and applied for AOS at the end of September.

We understood from reading these forums that she should have been able to get a SSN based on her status in August (K-1 who had married in the 90-day window), but, for whatever reason, the SSA spent about three months holding her application in limbo and then issued a denial. We received the denial in early December, after we already had filed the AOS papers, and the reason cited on the denial was that, "DHS says you have an application pending for Adjustment of Status. When you receive our updated DHS documents, contact us."

We believe that determination was likely improper, but, rather than fling ourselves at the windmill that is the combined bureaucratic incompetence of the SSA and USCIS, we decided we would wait until we had a green card in hand before returning to the SSA. Unfortunately, I now realize that was a bit short-sighted. I'd like to be able to file my taxes jointly with my wife this year, but our AOS interview is not until mid-April, which means there will be no chance that we can receive the green card and re-apply for a SSN before the tax filing date.

My question, then, is whether or not anyone has been able to receive a SSN by presenting an EAD card as evidence of legal immigration status. If so, were there any SSA documents you brought to cite to the SSA employees? We're planning on stopping by a SSA office this afternoon and would greatly appreciate any insight into how to best argue our case and get a number (assuming it is possible to do so given our current status).

Thanks!

[Dave&Roza 748]

Hello,

So my wife came here on a last July, married me in early August, applied for a SSN in late August, and applied for AOS at the end of September.

We understood from reading these forums that she should have been able to get a SSN based on her status in August (K-1 who had married in the 90-day window), but, for whatever reason, the SSA spent about three months holding her application in limbo and then issued a denial. We received the denial in early December, after we already had filed the AOS papers, and the reason cited on the denial was that, "DHS says you have an application pending for Adjustment of Status. When you receive our updated DHS documents, contact us."

We believe that determination was likely improper, but, rather than fling ourselves at the windmill that is the combined bureaucratic incompetence of the SSA and USCIS, we decided we would wait until we had a green card in hand before returning to the SSA. Unfortunately, I now realize that was a bit short-sighted. I'd like to be able to file my taxes jointly with my wife this year, but our AOS interview is not until mid-April, which means there will be no chance that we can receive the green card and re-apply for a SSN before the tax filing date.

My question, then, is whether or not anyone has been able to receive a SSN by presenting an EAD card as evidence of legal immigration status. If so, were there any SSA documents you brought to cite to the SSA employees? We're planning on stopping by a SSA office this afternoon and would greatly appreciate any insight into how to best argue our case and get a number (assuming it is possible to do so given our current status).

Thanks!

Should they insist that you need the GC, here is what you need to know that they are not correct. This is from a former SSA worker and VJ member "I'M GONE":

The Social Security Administration (SSA) has entered into agreements with the Department of Homeland Security (DHS) and the Department of State (DOS) for those agencies to assist SSA by collecting as part of the immigration process the information SSA needs to assign Social Security numbers and issue Social Security number (SSN) cards. DHS electronically forwards the data to SSA once the person is admitted to the United States (U.S.), to assign Social Security numbers and issue SSN cards. SSA calls this data sharing process Enumeration at Entry (EAE).

RM 10205.600 Enumeration-at-Entry:

http://policy.ssa.gov/poms.nsf/lnx/0110205600

Individuals applying for an immigrant visa and completing Form DS-230 “Application for Immigrant Visa and Alien Registration,” should answer “yes” to questions 43a and 43b on the form if he or she wants to be assigned an SSN or issued a replacement card.

The individual should receive his or her SSN card within three weeks after arriving in the United States. The SSN card will be mailed to the same United States mailing address that is used to mail the Permanent Resident card (Form I-551).

If you answered “yes” to being assigned an SSN on Form DS-230 when applying for an immigrant visa, and have not received your SSN card within 3 weeks of being admitted to the United States, we suggest that you go into one of our offices.

If you have been assigned an SSN, the office can provide you with the number. However, if you have not received your card within 14 days of your SSN being assigned, normally you will need to apply for a replacement SSN card.

After three weeks, if no SSN has been assigned or application is found pending, you will need to submit an SSN application at one of our offices.

You can obtain the address and directions to Social Security offices from the Social Security Office Locator, which is available on the Internet:

http://www.ssa.gov/locator

Applicants who live or receive mail in the Brooklyn, NY, Queens, NY, Phoenix, AZ, Orlando, FL, Sacramento, CA, or Las Vegas, NV area should apply at their local Social Security Card Center.

Individuals residing in the Minneapolis/St. Paul, MN area should apply at the Twin Cities Card Center.

Card Center Information:

http://www.ssa.gov/cardcenters/cardcenterinfo.html

Be sure to take proof of age, identity and work authorization when going into a Social Security office to inquiry about the status of your SSN or to submit an application.

Applicants need to provide at least two documents as evidence to establish age, identity and work authorization.

Example: If the immigration document, for example, I-551, is used to establish work authorization and identity, the alien must provide another document to establish age.

Proof of age is not required when applying for a replacement SSN card.

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

If an acceptable evidence document is in a language other than English and no other acceptable document is available, we will have the foreign language document translated by an authorized translator.

SSA translators comprise two groups:

-- Field office and Payment Center employees who volunteer their

services as translators

-- Central Translation Section translators who hold actual translator

positions.

GN 00301.340 Authorized Translators Defined:

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

If a foreign-born person has the foreign birth certificate in his/her possession or can easily obtain a copy, he or she must submit it as proof of age. In some situations SSA can accept alternative evidence of age. The alternative evidence of age may be less than a year old, for example, a foreign passport.

You can find links to detailed information regarding evidence that establishes age on the SSA Web site:

http://policy.ssa.gov/poms.nsf/lnx/0110210250

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 value of documents.

Primary Identity Evidence for an alien:

-- Form I-551, Permanent Resident Card (includes temporary I-551

stamp/machine readable immigrant visa (MRIV) in combination with an

unexpired foreign passport when the I-551 Permanent Resident Card

has not yet been issued)

RM 10210.405 Evidence of Identity for an SSN Card:

http://policy.ssa.gov/poms.nsf/lnx/0110210405

RM 10210.420 List of Documents in Priority of Acceptability for Use as Evidence of Identity:

http://policy.ssa.gov/poms.nsf/lnx/0110210420

Employment Authorization Documents:

-- I-551 (stamp or card)

-- MRIV with temporary I-551 language

Note: The MRIV shows the alien's identification number (“A” number) as the “Registration Number” in the upper right-hand corner of the MRIV.

The MRIV in an unexpired foreign passport that shows the statement “UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR and is endorsed with an admission stamp is the same as a valid Temporary I-551 stamp and is valid for one year from the date of endorsement by the admission stamp.

Example:

If the admission stamp shows a date of entry into the U.S. as January 4, 2010, the expiration of the temporary I-551 status will be January 3, 2011. The expiration date on the MRIV should not be used to determine when the temporary I-551 status expires. The expiration date on the MRIV only shows how long the MRIV is valid not how long the alien's temporary I-551 status is valid.

RM 10211.025 Evidence of Lawful Permanent Resident (LPR) Status for an SSN Card:

http://policy.ssa.gov/poms.nsf/lnx/0110211025

SSA cannot accept an application filing receipt or notice of action as evidence of an immigration document, or an immigration document with a “valid from” date in the future.

Exception: We can accept an expired I-551 card accompanied by a Form I-797C (Notice of Action) stating, “Your conditional resident status is extended for a period of one year as evidence of LPR status.

An SSN card should be received card in the mail within two weeks after the application and documents have been received and verified when applying within the United States.

However, when an alien requests an SSN or replacement card, SSA must verify his or her documents/current status with the appropriate bureau of DHS. If the initial online verification is not possible through the Systematic Alien Verification for Entitlements (SAVE) system, SSA may need to send a Form G-845 to the appropriate DHS Status Verification Office (SVO) for manual verification.

Social Security field offices can submit an additional electronic online verification, which with the majority of applications eliminates the need to send a Form G-845 along with a copy of the applicant’s immigration documents.

However, some applications still require a copy of the immigration document(s) to be mailed to the appropriate DHS SVO along with Form G-845 for manual verification.

SSA offices can also assist applicants by issuing a notice acknowledging the SSN application while documents are being verified.

RM 10205.215 Acknowledgement Requested for an Application for an SSN Card:

http://policy.ssa.gov/poms.nsf/lnx/0110205215

All cards are mailed from Social Security Headquarters in Baltimore, Maryland.

When am I legally required to provide my Social Security number:

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/78

[discoverusa 258]

^{I followed this instructions and my card arrived in 3 business days}

^{http://www.ssa.gov/pubs/EN-05-10096.pdf}

[JBones 7]

You should be able to get SSN after presenting the EAD card. I, too, was denied the SSN when I first applied within 14 days of my I-94 expiration. I tried again as soon as my EAD card was on hand and did not have any problems. Your wife can still get it in time for the tax filing deadline.

Edited March 19, 2014 by JBones

[I & B 273]

Thanks all for the quick feedback and info. It sounds like we shouldn't have any issues and, if we do, I know what to tell the clerk.

I'll be sure to check back in after our visit to confirm success or not for posterity.

[Pitaya 2,577]

~Moved from Family-based AOS to SSN Forum~

~inquiry about SSN process~

[Mike-eeh and Odie 193]

We went to our Social Security office as the day after my fiancee stepped off the plane. We got the number, and then we got married 2 weeks later. It's much easier that way as you don't have to wait for the GC or work papers. You just need your fiancee's visa and I-94 form.

[Gwapo1ako 14]

We went to our Social Security office as the day after my fiancee stepped off the plane. We got the number, and then we got married 2 weeks later. It's much easier that way as you don't have to wait for the GC or work papers. You just need your fiancee's visa and I-94 form.

After you got married, did you go back and get her name changed on her SSN?

[I & B 273]

Just to update--we were able to apply for a number using her EAD card and her passport. The office said it would arrive at our address in 2-4 weeks.