Wont give SSN until employment authorization accepted?

[amandaNHL 0]

Hello,

 

My husband arrived on fiance visa back in June and we applied for his ssn after 3 weeks, before we got married.  Then we called a month later and they said they would not process his SSN until his employment authorization is accepted.  It has now been 5 months since we got married and turned in all the applications, and still no employment authorization or SSN.  But I am reading other peoples threads and everyone is saying they were able to get their ssn within a couple weeks of applying?  Is our experience unique and should I contact a lawyer to see what's going on or is this something that other people are experiencing while applying for AOS?

[CarrollAm 108]

1 hour ago, amandaNHL said:

Hello,

 

My husband arrived on fiance visa back in June and we applied for his ssn after 3 weeks, before we got married.  Then we called a month later and they said they would not process his SSN until his employment authorization is accepted.  It has now been 5 months since we got married and turned in all the applications, and still no employment authorization or SSN.  But I am reading other peoples threads and everyone is saying they were able to get their ssn within a couple weeks of applying?  Is our experience unique and should I contact a lawyer to see what's going on or is this something that other people are experiencing while applying for AOS?

Hi, I just came across this information in another thread I'm following. Could be helpful information with what you're looking for. 

 

Quote

 

"This is what works but you have to have all your "ducks" in a row including the SS document RM10211.530 to use in the event that the SS agent is unfamiliar with the regulations that permit you to have a SSN before your AOS and EAD are adjudicated.

 

As a K-1 Visa Holder you are eligible to receive a SSN upon producing a valid I-94 (unexpired). Do not wait until you only have a few weeks left until your I-94 expires to file for a SSN. Many SSA (Social Security Administration) offices will not allow you to file for a SSN if your I-94 is about to expire (generally 14 days prior to the expiration on your I-94). On the other hand, you should also not file for a SSN too soon either.

 

You should wait 1 week after arriving in the US till you are in the SAVE database that you can go the next business day. If you go too soon your record of arrival will not be in the SAVE-ASVI system yet (what is SAVE), and it will require manual verification from the USCIS. As this will add weeks to the period it takes to process the SSN, it is advisable to attempt to wait the two weeks to be safe. If you have waited the 2 weeks and they tell you they cannot verify your arrival record via the SAVE database, then personally return on another day to have them search again -- thus eliminating the manual verification (you don't want to do the manual verification as it adds so much more time to the process).

 

To apply for a SSN you will need to go to your local SSA office and bring the documents below. These documents are proof of your eligibility to file for a SSN:

 

The SS-5 form  download and complete the application (they have some at the office if you forget).

Your Passport (with the K-1 Visa attached)

Your valid I-94

Another form of valid ID (birth certificate will do nicely)

You should also print and bring the document RM 10211.530 , in the event that the agent is not knowledgeable that K-1/K-2 are eligible to receive a SSN.

https://secure.ssa.gov/poms.nsf/lnx/0110211530

 

Make sure to bring all the documents above because some offices have staff that are not aware that a K-1 Visa Holder is eligible to file for a SSN. A friendly reminder is a nice thing to have -- if not you could be turned away incorrectly

 

Once you have successfully applied for your SSN, the SSN card will come in the mail in about 2 weeks.

 

K2 visa holders must first have a work permit (EAD) to get a social security number.

 

 

After marriage

Carry your marriage certificate to the social security office to get the social security card in the new name. If you applied for a social security number before marriage, you can go back to the social security office after marriage and get your name changed on your social security card.

 

The social security card will be marked “VALID FOR WORK ONLY WITH USCIS AUTHORIZATION”.  That means, you need to get your EAD first before you can actually work.  Hopefully, when you submitted your AOS you included the EAD. If not you will now need to submit the paperwork for an EAD prior to working."

 

 

[kiwihurricane15 34]

Hi, this was similar to my situation.

 

I did not apply when I arrived but applied when we put the AOS paperwork in- I received the SSN with my EAD about 4 months later once the EAD was approved.

 

Unfortunately with SSN you will need a valid I-94- because he is too far past his original entry date he wont be able to apply for one now. Most people who apply before marriage do it right when the foreigner enters the US.

 

We chose not to and had to wait it out. It was a big pain in the butt because I hadn't realized I would need it for drivers license and a few other minor things.

[Ed&Midori1031 330]

Your husband definitely should've been able to get his social security card.  3 weeks after my wife (at the time my fiance) arrives in the U.S., I was able to apply for her social security card.  All I had to present was a copy of her birth certificate, passport and I-94 along with the application.  I also heard stories of clerks working at social security offices not knowing a thing and denying people right away.  I would definitely look into this. 

[The_Empyrean 733]

Your husband was eligible to apply once he landed and came thru the border. Problem is they need AT LEAST 2 weeks until i-94 expires, AND you should apply before getting married. Seems like Your window has closed long time ago, and your only way to get SSN is thru EAD (where you had a box asking whether you want to apply for Social Security Too), or wait till you receive EAD and go to SSOffice to apply for one.
As of now unfortunately, they will not be able to issue a SSN based on fact that:

1. I-94 is expired

2. No other status, apart pending AoS.

3. No EAD at the moment. 

We applied the next day my now wife arrived, presented passport, i-94, SS-5,and the card came in in 4weeks (including holidays).

The fact that they didn't issue SSN is wrong. K-1's ARE eligible for SSN right away, but it won't be valid to work with, until you receive EAD.

Edited January 22, 2019 by PaulMac
additional info.