Denied SSN

[_Paul&Jesica_ 70]

It should not mater from what state we apply, its not a state issued agency, its federal.

In the denial letter they gave, they listed the reason as

No proof of US citizenship or lawful aliean status.

So I tried to tell them she is here on a k1 and we are still within our 90 days. She arrived sept 12, we were married October 10th. They saw her passport, they never checked there system. She is here lawfully.

Tomorrow we are going back and to ask for an SSN under her maiden name, then we will just ask for an he name change at a later date, I guess.

If she applied after her I-94 expired, then they is why they denied. For K-1, you become "out of status" when your I-94 expires, until you receive your EAD (though I think technically until you have your GC issued).

This is a typically headache with the SSA agents and K1 visas. The "state" doesn't matter, the only "variables" are how well the "brilliant" agents know their SSA laws... which is not very well sometimes. SSA is a federal agency and not subject to state laws and regulations.

Your wife is most definitely entitled to a SSN. K1 visa holders are entitled to a SSN as soon as they set foot. Many SSA agents get confused at the fact that once the K1 visa holders are married that their status somehow miraculously changes. It does not. The name change is a PITA because your wife will be in their system under her maiden name.

Print this page out: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530 and bring it with you next time as per the source below:

[source]

The key is item #3 - a valid (ie, unexpired) I-94...

[d3adc0d3 186]

If she applied after her I-94 expired, then they is why they denied. For K-1, you become "out of status" when your I-94 expires, until you receive your EAD (though I think technically until you have your GC issued).

The OP addresses the fact that she is still on a valid I-94 in this post:

So I tried to tell them she is here on a k1 and we are still within our 90 days. She arrived sept 12, we were married October 10th. They saw her passport, they never checked there system. She is here lawfully.

[Theboz 10]

Nothing has worked they still denied her SSN with everything we provided. We are still in office

Edited October 23, 2014 by Theboz

[Theboz 10]

They are letting us apply for one, and they told us that we would probably get a denial letter in 7 to 10 days, if they don't then it will take up to 120 days to get answer.

I asked them to show me the policy for what they told me and they can't do that now.

Edited October 23, 2014 by Theboz

[Theboz 10]

We also asked why some offices have no problem with giving SSN to k1 and other can't get them, and they responded they were not following procedures

[_Paul&Jesica_ 70]

The OP addresses the fact that she is still on a valid I-94 in this post:

Ah I mis-read that. I don't know where my mind was.... my bad...

[_Paul&Jesica_ 70]

They are letting us apply for one, and they told us that we would probably get a denial letter in 7 to 10 days, if they don't then it will take up to 120 days to get answer.

I asked them to show me the policy for what they told me and they can't do that now.

Curious, did you apply in her maiden name or her new married name? When my wife applied for her SSN, before she filed for AOS, she applied in her maiden name, which matched her I-94. From our discussions with the SSA person processing our application, the name on the SS-5 has to match the I-94 as they need to cross-reference in S.A.F.E.

[Theboz 10]

Curious, did you apply in her maiden name or her new married name? When my wife applied for her SSN, before she filed for AOS, she applied in her maiden name, which matched her I-94. From our discussions with the SSA person processing our application, the name on the SS-5 has to match the I-94 as they need to cross-reference in S.A.F.E.

The office told this would be fraud if we tried to get her a SSN under maiden name after we were married

[_Paul&Jesica_ 70]

The office told this would be fraud if we tried to get her a SSN under maiden name after we were married

OK that is interesting. My wife applied for her SSN before she was married. But the fraud angle is interesting because when my wife applied for her Arizona State ID, after marriage, MVD told her that it had to be in her maiden name as it matches her passport and her I-94 even though we showed them our marriage license. So it appears that different government agencies, state and federal, have different policies regarding this.

Btw, I am still not sure it is fraud because her passport is in her maiden name and currently she uses that for identification, correct? Like if she was to fly domestically, she would need to show ID to TSA. Her passport is still valid ID....

[Theboz 10]

I just got off the phone with the SSA and the lady was no help, she could not find a policy for k1 visa.

If anyabody reads this can someone find a ssa policy regarding k1 visa and marriage. They(Elgin office) keep insisting her status changes after we are married and we need to do the AOS before she allowed to get a SSN.

[Ian H. 207]

Are you serious? I would expect that from the DMV or even SSA, but CBP should know better. What kind of people are running this country?

I think this is prudent advice any time you're interacting with government representatives for ANYTHING related to your immigration status. Even the CBP officers at my usual land crossing had no idea what my EAD/AP combo card was when I reentered the US a few weeks ago. I was glad I brought the sheet of paper that came with it explaining what it was and how to use it.

[Ian H. 207]

Ok so just to make sure, they did let you apply, right? The best info that I could find was a link that was posted previously about nonimmigrant visa categories that are allowed to receive SSN's. There doesn't seem to be specific info about this so that people can go in and show them. If they deny you, just wait until you receive your EAD, they definitely can't say no then, it wouldn't be worth the headache to keep trying. Good luck.

[d3adc0d3 186]

SSA people are DMV rejects. They're even worse than DMV people.

OP I personally recommend the following: Try a different SSA office. One that is a little bigger. Have your wife apply for her SSN in her maiden name at the new SSA Office, and see what you can do.

I applied for my husband's SSN after our wedding (the Monday after, in fact), and we had the marriage license in hand. His is in the mail, and expected to arrive in 2 weeks.

There is no "policy" so much as making sure the names match. Their systems are not set up to enter an immigrant in with a different last name than is on their passport/visa/I-94, so they have a minor melt-down when it comes to that.

Have a SSN assigned in your maiden name is not "fraud". I have a SSC in 3 different last names. She can just change it when she gets her EAD in hand. It's "fraud" if she attempts to take a SSN out in a name that isn't (and wasn't) her's.

[Darnell 8,478]

It shouldn't be surprising to anyone here how idiotic government officials are most of the time. You just have to go prepared and explain to them what is what, with proof so they won't think you're making it up. I've had my share of headaches with the SSA and they don't know what they're talking about half the time.

triage on TheBoz, then -

1. they applied in married name. Big kiss of death, cannot find her in the SAVE system using that new married name.

2. they not apply in visa name - because if they did, they not report this stuff at the SSA office

3. at their office, SSA clerk not know about looking up VISA name in SAVE database, only saw the name and then studied the name in the SS-5 - so of course sent them home.

I just got off the phone with the SSA and the lady was no help, she could not find a policy for k1 visa.

If anyabody reads this can someone find a ssa policy regarding k1 visa and marriage. They(Elgin office) keep insisting her status changes after we are married and we need to do the AOS before she allowed to get a SSN.

I say find another office, apply in VISA name, ask for lookup on VISA Name and A# in the SAVE database by/from the clerk, and only use the VISA name in the SS-5 application.

go soonish, aye?

[Theboz 10]

We went to another SSA office about 30 miles away today, which was bigger and quicker. After waiting about 10 minutes we were called up and at first we just explained that we were doing a k1 and we needed a SSN. Then we explained further that the Elgin office denied her but could gives us a reason as to why we were denied and we explained we were married and that was why they were denying the SSN.

The lady did not seem to mind and proceeded to type our info into the computer, and she gave us a letter stating that we would receive a SSN in two weeks. It will be in her maiden name, which is ok.

So all is good, for now.

Thanks to all that have given us info

Thank you

John and Anya