Refused SSN now after just getting married

[floriferous 2]

Hi,

 

I've been reading guidelines on here for applying for the SSN and I seem to have done it correctly but am still getting refused. I wanted to see if it is my mistake or theirs. 

 

Im in California on the K!. We got married 3 week ago. We are half way into the 3 month window for the i-94 but when I went to apply for the SSN they said once you are married your visa status has changed and so you cant apply until after I have gone through the AOS (which I am just about to submit). This sounds fishy to me as I have read nowhere on any forums that should make sure you apply for your SSN before you get married. Perhaps the laws are different in California but as far as I can see my Visa status can't have changed yet because I haven't notified USCIS that I'm even married so how can it have changed?

 

Any though would be greatly appreciated

 

 

[Suss&Camm 2,213]

24 minutes ago, floriferous said:

Hi,

 

I've been reading guidelines on here for applying for the SSN and I seem to have done it correctly but am still getting refused. I wanted to see if it is my mistake or theirs. 

 

Im in California on the K!. We got married 3 week ago. We are half way into the 3 month window for the i-94 but when I went to apply for the SSN they said once you are married your visa status has changed and so you cant apply until after I have gone through the AOS (which I am just about to submit). This sounds fishy to me as I have read nowhere on any forums that should make sure you apply for your SSN before you get married. Perhaps the laws are different in California but as far as I can see my Visa status can't have changed yet because I haven't notified USCIS that I'm even married so how can it have changed?

 

Any though would be greatly appreciated

 

 

The advice on VJ is to apply before you marry for this particular reason, you enter as a "fiancée" and now you are no longer a fiancée seems to be their reasoning..They are wrong! A "visa-status" can not change. The visa is the means you use to enter, and that means is still the same, but ppl are still refused for this at times. You can try going back and explaining or you can try a different office. 

 

You need to apply in your maiden name though.

Edited February 13, 2017 by Suss&Camm

[TBoneTX 45,849]

Thread is moved from the K-1 Process forum to the Social Security Numbers subforum.

[Suss&Camm 2,213]

I did some quick searches and found these..

 

https://www.ssa.gov/people/immigrants/visa.html

https://oig.ssa.gov/sites/default/files/audit/full/pdf/A-08-07-17044_0.pdf

 

"Under §205(c)(2)(B)(i)(I) of the Social Security Act, SSA is required to assign SSNs "to aliens at the time of their lawful admission to the United States either for permanent residence or under other authority of law permitting them to engage in employment in the United States. . . .” Because Federal law authorizes K-1 visa holders to work incident to their visa status,4 K-1 visa holders are eligible for SSNs"

 

You are still a K1-visa holder and you are still authorized to work (after getting the EAD ofc)

 

Maybe it can help you when you talk to them, ask for a supervisor.

[Ash.1101 1,756]

14 minutes ago, Suss&Camm said:

The advice on VJ is to apply before you marry for this particular reason, you enter as a "fiancée" and now you are no longer a fiancée seems to be their reasoning..They are wrong! A "visa-status" can not change. The visa is the means you use to enter, and that means is still the same, but ppl are still refused for this at times. You can try going back and explaining or you can try a different office. 

 

You need to apply in your maiden name though.

I wouldn't bother trying at all. They said they're at the middle of the 3 month window for their 90 days, which means they're too close to the end of their I-94 to even apply.

[Suss&Camm 2,213]

1 minute ago, Ash.1101 said:

I wouldn't bother trying at all. They said they're at the middle of the 3 month window for their 90 days, which means they're too close to the end of their I-94 to even apply.

No, they only need 14 days left on the i-94. They have 45 days. They sould be fine if verification doesn't drag out.

[Ash.1101 1,756]

Just now, Suss&Camm said:

No, they only need 14 days left on the i-94. They have 45 days. They sould be fine if verification doesn't drag out.

Oh okay I misread it!

[Suss&Camm 2,213]

1 minute ago, Ash.1101 said:

Oh okay I misread it!

[Suss&Camm 2,213]

document also reads this (SSA website):

 

"in addition, the Code of Federal Regulations (C.F.R.) requires that K-1 visa holders who seek employment must also apply for an Employment Authorization Document (EAD) with DHS.5 However, SSA policy states that an unexpired I-94 (Arrival/Departure Record) 6 with a “K-1” admission code confirms work authorization for a foreign fiancé, and therefore SSA does not require that K-1 visa holders present an EAD when applying for an SSN.7 The Agency established its policy based on the Immigration and Naturalization Service’s, now DHS, guidance in 1998. At that time, DHS could not always process and issue an EAD to K-1 visa holders before their 90-day stay in the United States expired. DHS sent a memorandum to SSA clarifying which evidentiary documents established K-1 visa holders’ work authorization. DHS’ memorandum advised SSA that “Evidence of K-1 status includes an unexpired Form I-94 showing admission as a K-1 nonimmigrant with an admission period of 90 days or an EAD referring to INS regulations at 8 CFR 274a.12(a)(6).”

[Suss&Camm 2,213]

It does say smth about "before they're married" further down.... I will continue to dig... 

[Ksenia_O 696]

51 minutes ago, floriferous said:

Hi,

 

I've been reading guidelines on here for applying for the SSN and I seem to have done it correctly but am still getting refused. I wanted to see if it is my mistake or theirs. 

 

Im in California on the K!. We got married 3 week ago. We are half way into the 3 month window for the i-94 but when I went to apply for the SSN they said once you are married your visa status has changed and so you cant apply until after I have gone through the AOS (which I am just about to submit). This sounds fishy to me as I have read nowhere on any forums that should make sure you apply for your SSN before you get married. Perhaps the laws are different in California but as far as I can see my Visa status can't have changed yet because I haven't notified USCIS that I'm even married so how can it have changed?

 

Any though would be greatly appreciated

 

 

Did you apply for a SS# under your married name?.. You should FIRST apply under your maiden name - the name on your I-94. 

[floriferous 2]

Hi. Wow. I stepped away for 30 mins and wasnt expecting such a rife discussion! Thanks.

 

I'm a man so my name didn't change. The only reason I think it was only raised as an issue was because I went there with my wife who did have to change her name so we presented the marriage certificate. I do wonder if I had gone on my own whether they would have just processed it.

 

I agree I am still a K-1 holder so should be entitled. Nothing on paper has changed

Edited February 13, 2017 by floriferous

[Suss&Camm 2,213]

4 minutes ago, floriferous said:

Hi. Wow. I stepped away for 30 mins and wasnt expecting such a rife discussion! Thanks.

 

I'm a man so my name didn't change. The only reason I think it was only raised as an issue was because I went there with my wife who did have to change her name so we presented the marriage certificate. I do wonder if I had gone on my own whether they would have just processed it

A visa-status doesn't change when you marry...It's not something that can even change, (unless you leave the US and apply for another visa-category!)... and the rule is you entered on it and is a K1-visa holder, not an "unmarried" K1 visa holder.. have them show you the policy that they are referring to, I can't find it anywhere... and I doubt it exists.

Edited February 13, 2017 by Suss&Camm

[floriferous 2]

Okay. I will go back and do  that. Thanks

[Ksenia_O 696]

I would try another SS Office... without bringing a Marriage License with you