To Change or Adjust Status...

[ridejewel 0]

SS didn't issue my wife a SSN because they said we never went to the USCIS office in Seattle to 'Change' her status after we married. Though, I already filed the I-485 and my wife's biometric appt. is tomorrow...Are we suppose to go to the office and 'Change' our status before we file the I-485? SS also said we needed to get a new I-94 from immigration before she could issue us a card, supposedly that's the purpose of 'Changing' status.

[YuAndDan 153]

What is it with all the SSA questions lately? We applied for SSN 2 weeks after marriage and had no problems. Try a different office, obviously you ran into a moron at that office.

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

[Jashley820 0]

Agreed- I had no problems either, and I applied 10 days after I arrived on my K1.

[ziko 0]

SS didn't issue my wife a SSN because they said we never went to the USCIS office in Seattle to 'Change' her status after we married. Though, I already filed the I-485 and my wife's biometric appt. is tomorrow...Are we suppose to go to the office and 'Change' our status before we file the I-485? SS also said we needed to get a new I-94 from immigration before she could issue us a card, supposedly that's the purpose of 'Changing' status.

no , SSA RIGHT

u must to have EAD card or stamp in your passport for they can issue to u your SSN . doesn't matter u r got married or not.

if u have EAD card or stamp in your passport be sure they will issue to you your SSN.

[ridejewel 0]

my main question was if anyone else went to their local USCIS office to inform them of your marriage before filing for AOS. Did anyone do that?

[archie07 0]

SS didn't issue my wife a SSN because they said we never went to the USCIS office in Seattle to 'Change' her status after we married. Though, I already filed the I-485 and my wife's biometric appt. is tomorrow...Are we suppose to go to the office and 'Change' our status before we file the I-485? SS also said we needed to get a new I-94 from immigration before she could issue us a card, supposedly that's the purpose of 'Changing' status.

My wife came here on a k3 and we cannot get a social security number. We followed the instructions perfectly, we went to 2 different offices with all our paperwork, a briefcase full. I checked the box not for work, still nothing. Both offices said she needs the number from the EAD or AOS. They are all crazy and now I am Hairless Archie.

[ridejewel 0]

well, with us, the SSA took our application and reviewed it. 10 weeks later we get a letter in the mail stating that we needed to submit a new I-94 with a work authorization on it...which, as a K-1, we already had. Now, it's too late for us to do anything since we already submitted the AOS packet. My wife's a 'I-485 pending' now. We'll get the EAD soon enough. It just doesn't make any sense to me why the US government doesn't seem to want aliens to work, why they don't want the extra taxes. I mean, you see on the news all the time of the Mexicans working illegally and how angry all the Americans and the government is over it. Well, even if they wanted to go legal, it's nearly impossible. Anyways, no more ranting about SSN's, I don't want this topic moved to the other forum. I was just curious if my wife and I skipped a step by not checking in at the local USCIS office in Seattle after we married, before we applied for AOS.

[raymaga 25]

As long as you wait at least 2 weeks after arriving to the U.S., you can get a SSN whether you are married or not. As long as there are still 14 days left before your I-94 expires, you are good to go.

I applied for my SSN at the local SSA (near Seattle) 2 days after I got married, and one month after my arrival into the U.S.

[Ngoc-Anh 1]

I guess it really really varies who is sitting in that SSA that day because I did not have any problems either.

Sometimes the agent just do not know the rules themselves.

In fact you only need the passport, marriage certificate (if married) and the I-94 to get a SSN.

[Yodrak 7]

ridejewel,

'change status' and 'adjust status' have very specific meanings under the INA, they are not synonymous.

change status means to go from one non-immigrant status to another non-immigrant status

adjust status means to go from a non-immigrant status to immigrant status

Yodrak

SS didn't issue my wife a SSN because they said we never went to the USCIS office in Seattle to 'Change' her status after we married. Though, I already filed the I-485 and my wife's biometric appt. is tomorrow...Are we suppose to go to the office and 'Change' our status before we file the I-485? SS also said we needed to get a new I-94 from immigration before she could issue us a card, supposedly that's the purpose of 'Changing' status.

Edited May 3, 2007 by Yodrak

[eau_xplain 2]

My wife came here on a k3 and we cannot get a social security number. We followed the instructions perfectly, we went to 2 different offices with all our paperwork, a briefcase full. I checked the box not for work, still nothing. Both offices said she needs the number from the EAD or AOS. They are all crazy and now I am Hairless Archie.

Most everyone here who replied they got an SSN a few days or weeks after arrival came in on K1. K1's are authorized to work within the 90 days of entry. As such, they can get an SSN when they apply before their I-94 expires.

Your wife came in on a K3 and she has to get an EAD before she can work legally. That's why SSA is looking for an EAD (or GC) before they issue an SSN to your wife.

[archie07 0]

I guess it really really varies who is sitting in that SSA that day because I did not have any problems either.

Sometimes the agent just do not know the rules themselves.

In fact you only need the passport, marriage certificate (if married) and the I-94 to get a SSN.

Well, I figured it was because of the K3, seems K1 have no problems but like you say, the people sitting there taking our applications may be clueless. I only wanted to add my wife to my bank account but after two tries I give up. I'll file AOS and EAD next week and just wait for the SSN. This government of ours makes all these laws with this imbra but how do they expect our spouses to have access to our money in case of emergency if they refuse to give them SSN,s. That makes no sense to me. When I explained this to the lady at SSA she told me to go get her a itin number at IRS. I'll jut put some cash in the safe and won't have to worry. Thanks

[YuAndDan 153]

no , SSA RIGHT

u must to have EAD card or stamp in your passport for they can issue to u your SSN . doesn't matter u r got married or not.

if u have EAD card or stamp in your passport be sure they will issue to you your SSN.

K-1 visa is "work authorized" and is entitled to SSN within the first 75 days of the I-94 card.

See: http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf...php?p_faqid=576

EAD stamp not needed, SEE: http://www.kamya.com/ssn/em00154.pdf

[Yodrak 7]

Angela and Hicham,

Not true for a K1 who is applying for the SS number within 76 days of entry.

Yodrak

.....

u must to have EAD card or stamp in your passport for they can issue to u your SSN . ......

Edited May 3, 2007 by Yodrak

[ridejewel 0]

So, please, away from the SS thing. Did I mess up by not 'Changing' my wifes status before applying to 'Adjust' it?