My pregnant K-1 fiancee's i-94 expires in 17 days and she has no SSN to get health coverage

[jaysaldi 213]

I think I have screwed this up royally.

 

My fiancee arrived on August 31.

 

I read all the stuff here about applying for SSN right away and getting married right away. I didn't follow it.

I thought we should live together in the USA for a few weeks/months and she should meet my family and all that so I scheduled the wedding for day 82, which is November 20.  And I just realized this  week that this presents a problem because the county says there's a three week waiting period to get certified copies of the marriage certificate.

 

I didn't apply for the SSN when she arrived because she wasn't planning on working anytime soon and I figured we would just wait until after we are married so she could change her name and then we'd get the SSN in her married name.

 

Then I read today that you have to get the SSN 14 days before the i-94 expires. 

 

Then I just read another thread a few minutes ago from someone who was denied when applying 21 days about because it takes SSA a few days/weeks to issue the SSN and they won't issue it within 14 days, even if you apply 14+ days out:

 

 

Was what happened to him an aberration, are the SSN's usually issued on the spot at social security offices?

 

We found out two days ago my fiancee is pregnant.

 

Open enrollment for Affordable Care Act for 2020 ends December 15.

 

I am freaking out.  Will there be any way for her to get health care without a SSN?  Is there any way to get a SSN by going to the SSA office 16 days out?

 

What should we do?

 

 

 

 

 

 

 

 

 

Edited November 10, 2019 by jaysaldi

[JFH 12,190]

Getting married is a qualifying event that means she can be added to your health care plan even when we are not currently in an open enrollment period. Get her added as soon as you are married. 

[Crazy Cat 41,836]

There is no law which requires a SSN to get health care....but you will have to jump through hoops........and yes, you made some mistakes......a SSN is not JUST for working......opening a bank account, getting a driver's license, renting an apartment, filing taxes are all reasons to apply for a SSN as soon as possible after arriving.......

There is also a very good reason to marry very soon after arriving......once her I-94 expires, she will be out of status and subject to deportation.....once she files her I-485, she will be granted authorized stay pending adjudication......she really needs to apply for adjustment of status as soon as possible.

[jaysaldi 213]

1 minute ago, JFH said:

Getting married is a qualifying event that means she can be added to your health care plan even when we are not currently in an open enrollment period. Get her added as soon as you are married. 

My health care is through the Obamacare/Affordable Care Act I am semi-retired and not employed.

 

It expires at end of 2019 and then I was planning to reapply, with her, before December 15.

 

But my understanding is she needs a SSN for that. 

[Crazy Cat 41,836]

Just now, jaysaldi said:

My health care is through the Obamacare/Affordable Care Act I am semi-retired and not employed.

 

It expires at end of 2019 and then I was planning to reapply, with her, before December 15.

 

But my understanding is she needs a SSN for that. 

A SSN is not required for health care.....but you might have to fight to convince them......

[Boiler 45,467]

What are you doing now for her healthcare?

[yuna628 9,671]

Hi OP,

 

I'm going to be straight with you here. You've made some big mistakes, and now find yourself in a critical position. All is not lost however, so you're going to have to start paying attention to the advice here instead of muddling through. 

 

Can this wedding date be bumped up? Can it be a quickie wedding in Las Vegas? You can still have whatever ceremony you intend on the 20th if you wanted, but in the interest of speed, you NEED to get the ball rolling and perhaps elope. You need to get the marriage certificate to file for AOS, and that means the sooner you marry the better, but in addition perhaps you should look into WHERE you can get the certificate with the fastest turnaround. If you do not file AOS soon, she will be out of status. It's important to protect your future spouse and child.

 

Secondly, and I often have to scream this at the top of my lungs - an SSN is NOT required to obtain health insurance BY LAW. It doesn't matter what you think you read. It doesn't matter what someone randomly told you on the phone. It doesn't matter what was heard through the grapevine. It doesn't matter if an insurance agent on the phone told you with an attitude. IT'S NOT REQUIRED. Get the insurance sorted out as quickly as possible.

 

It does not matter if the marriage happens AFTER open enrollment. She qualifies under SPECIAL ENROLLMENT after the marriage has happened. BUT, you need not wait around for a rainy day to sign her up, because there's still a limited timeframe to act. Wait too long and she'll be phased out, and with a baby on the way.. well.. that's a problem.

 

Your other options? You can buy insurance outright for her via any provider in your area. Again, an SSN is not required. There's going to be an expense, but there's going to be an expense no matter what you do - and you've got a child to consider now.

 

Once you file for AOS, also file for an EAD along with that. If the EAD arrives first, you can go to the SSA and apply for her SSN.

Edited November 10, 2019 by yuna628

[jaysaldi 213]

4 minutes ago, yuna628 said:

Hi OP,

 

I'm going to be straight with you here. You've made some big mistakes, and now find yourself in a critical position. All is not lost however, so you're going to have to start paying attention to the advice here instead of muddling through. 

 

Can this wedding date be bumped up? Can it be a quickie wedding in Las Vegas? You can still have whatever ceremony you intend on the 20th if you wanted, but in the interest of speed, you NEED to get the ball rolling and perhaps elope. You need to get the marriage certificate to file for AOS, and that means the sooner you marry the better, but in addition perhaps you should look into WHERE you can get the certificate with the fastest turnaround. If you do not file AOS soon, she will be out of status. It's important to protect your future spouse and child.

 

Secondly, and I often have to scream this at the top of my lungs - an SSN is NOT required to obtain health insurance BY LAW. It doesn't matter what you think you read. It doesn't matter what someone randomly told you on the phone. It doesn't matter what was heard through the grapevine. It doesn't matter if an insurance agent on the phone told you with an attitude. IT'S NOT REQUIRED. Get the insurance sorted out as quickly as possible.

 

It does not matter if the marriage happens AFTER open enrollment. She qualifies under SPECIAL ENROLLMENT after the marriage has happened. BUT, you need not wait around for a rainy day to sign her up, because there's still a limited timeframe to act. Wait too long and she'll be phased out, and with a baby on the way.. well.. that's a problem.

 

Your other options? You can buy insurance outright for her via any provider in your area. Again, an SSN is not required. There's going to be an expense, but there's going to be an expense no matter what you do - and you've got a child to consider now.

 

Once you file for AOS, also file for an EAD along with that. If the EAD arrives first, you can go to the SSA and apply for her SSN.

Thank you.  I already started looking into a quickie Vegas wedding and I think we will do that this week. Maybe tomorrow, it looks like the office might be open even though it's a holiday.  I've only been researching this a few minutes but I think we might be able to get the certificate in a day or two. So with any luck, send out the AoS application, with all correct documentation, by the 14th or so, which is 14 days before her AoS expires.

 

Is going to the SSA on Tuesday (16 days before her I-94 expiration) pointless or is there some chance she can get the SSN approved while there?

 

I'm reading that the Affordable Care Act enrollment collects SSNs, not sure what we can do there without one, but still looking. 

 

The sooner we marry and send in the AoS then sooner we can get an NOA1, and maybe with the NOA1 to prove her lawful status something can be done on the ACA insurance front.

 

Thanks again.

 

[jaysaldi 213]

16 minutes ago, Boiler said:

What are you doing now for her healthcare?

Bought her travel medical insurance before she arrived. Which of course excludes pregnancy. So I had resigned myself to paying for her first prenatal visit out of pocket but the thought of being uninsured for the whole pregnancy and childbirth is scary.

 

Maybe I should try to enroll her for December? The deductible would be more than an ordinary prenatal visit but this would give some protection in case she has expensive complications prior to January 1.  But again, with no SSN, this may be problematic.

 

Thanks

[yuna628 9,671]

9 minutes ago, jaysaldi said:

Thank you.  I already started looking into a quickie Vegas wedding and I think we will do that this week. Maybe tomorrow, it looks like the office might be open even though it's a holiday.  I've only been researching this a few minutes but I think we might be able to get the certificate in a day or two. So with any luck, send out the AoS application, with all correct documentation, by the 14th or so, which is 14 days before her AoS expires.

 

Is going to the SSA on Tuesday (16 days before her I-94 expiration) pointless or is there some chance she can get the SSN approved while there?

 

I'm reading that the Affordable Care Act enrollment collects SSNs, not sure what we can do there without one, but still looking. 

 

The sooner we marry and send in the AoS then sooner we can get an NOA1, and maybe with the NOA1 to prove her lawful status something can be done on the ACA insurance front.

 

Thanks again.

 

SSA will likely not issue her an SSN so soon to I94 expiry.

 

Again, it doesn't matter if it's the exchange, a private plan or whatever. An SSN is not required by law, the same law in fact that created the ACA. 😉 It's likely you'll need to speak with someone on the phone, as internet web forms can be a one size fits all approach and does not handle more unique situations. Hundreds of couples on here have signed up without it, and you can explore those threads. But, it is dealing with the government, so eventually they will want documentation of her legal status - such as the NOA1 for her AOS. Which is why it will be important to get those documents as soon as possible.

Edited November 10, 2019 by yuna628

[Boiler 45,467]

Generally speaking Travel Insurance does not cover new Immigrants, there are some specific exceptions and the coverage is limited.

[jaysaldi 213]

3 hours ago, yuna628 said:

SSA will likely not issue her an SSN so soon to I94 expiry.

 

 

OK. I am not doubting you on this BUT I did find this manual online:

 

We will be applying with 16 days to go, do  I have a good argument that the application should be processed?  It seems that SSA doesn't have to print and mail the card beyond 14 days, they have to print and mail the card before the i-94 expiration, which is why you have to file more than 14 days out. Which we will be doing. 16 days out. 

 

Any chance I can get this SSN thing done? By asking to talk to a supervisor, etc.?

 

https://secure.ssa.gov/poms.nsf/lnx/0110213300

 

RM 10213.300 Procedure when a Person's Evidence or Lawful Alien Status Expires within 14 Days of Filing for an SSN

If, within the next 14 calendar days from the current date, either the person’s lawful alien evidence expires or the person’s lawful alien status expires, do not process the SSN application. In these situations, SSA cannot print and mail the SSN card to the applicant before the lawful alien document or alien status expires. Instead, provide written notice (SSA-L676, Refusal to Process SSN Application) to the applicant explaining why you cannot process the SSN application and delete the application.

[Villanelle 4,122]

IMO its going to depend on whether SSA is able to verify her with DHS. For some people this verification is pretty instant. In other cases it has to be done manually. This can happen if there is a discrepancy with names (common if they have multiple last names or it uses foreign characters) Or if for whatever reason DHS has her name misspelled or used an initial. There are really too many variables to list every possible error that could occur. If there are no errors SSA should get a match quickly and will be able to process the SS card in the time you have left. If there is an error that needs manual verification there is no way you will get the card as manual verification takes days to weeks to happen and then SS needs 14 days themselves. Does that make sense? https://save.uscis.gov/CaseCheck/CaseCheck.aspx  You can try checking that link to see if theres any info but Im not really sure if anything will be there until SSA attempts to do a check. You can also check your i94 online to make sure its accurate with the name and stuff. Make sure when you go to SSA you get them to do the electronic save verify process (the one thats instant) They may not be familiar with this situation and say you have to do manual. You dont have to do manual unless the electronic instant system cant find and verify you. Also you are getting the SSN in her maiden name. Do not even try to use the married one. She can update her name later when her EAD comes. 

[jaysaldi 213]

1 hour ago, Villanelle said:

IMO its going to depend on whether SSA is able to verify her with DHS. For some people this verification is pretty instant. In other cases it has to be done manually. This can happen if there is a discrepancy with names (common if they have multiple last names or it uses foreign characters) Or if for whatever reason DHS has her name misspelled or used an initial. There are really too many variables to list every possible error that could occur. If there are no errors SSA should get a match quickly and will be able to process the SS card in the time you have left. If there is an error that needs manual verification there is no way you will get the card as manual verification takes days to weeks to happen and then SS needs 14 days themselves. Does that make sense? https://save.uscis.gov/CaseCheck/CaseCheck.aspx  You can try checking that link to see if theres any info but Im not really sure if anything will be there until SSA attempts to do a check. You can also check your i94 online to make sure its accurate with the name and stuff. Make sure when you go to SSA you get them to do the electronic save verify process (the one thats instant) They may not be familiar with this situation and say you have to do manual. You dont have to do manual unless the electronic instant system cant find and verify you. Also you are getting the SSN in her maiden name. Do not even try to use the married one. She can update her name later when her EAD comes. 

Ok thank you so much. I think what we are going to is get married tomorrow, in Las Vegas. Go to social security office Tuesday morning. There are several social security offices listed in Las Vegas can I go to any one? 

 

Also, what is the normal process and conversation at the SSA office (when people haven’t procrastinated and there are no verification errors)? 

 

I mean we go in, hand over her passport and I-94 form and ask for a SSN and do they just take it and say “we’ll get back to you” or is there normally some discussion or decision making or thumbs up or down right there on the spot? Is there a goal I should have in mind for some paperwork or receipt I want them to give me before leaving the office or some magic words or assurances I want them to say/agree to? 

 

And thanks so so much for the tip about not using her married name at SSA. I guess that complicates things? I’ll plan to adjust status with her married name but apply for the SS card with her maiden and update that later. Thanks 

[geowrian 22,337]

1 hour ago, jaysaldi said:

Ok thank you so much. I think what we are going to is get married tomorrow, in Las Vegas. Go to social security office Tuesday morning. There are several social security offices listed in Las Vegas can I go to any one? 

 

Also, what is the normal process and conversation at the SSA office (when people haven’t procrastinated and there are no verification errors)? 

 

I mean we go in, hand over her passport and I-94 form and ask for a SSN and do they just take it and say “we’ll get back to you” or is there normally some discussion or decision making or thumbs up or down right there on the spot? Is there a goal I should have in mind for some paperwork or receipt I want them to give me before leaving the office or some magic words or assurances I want them to say/agree to? 

 

And thanks so so much for the tip about not using her married name at SSA. I guess that complicates things? I’ll plan to adjust status with her married name but apply for the SS card with her maiden and update that later. Thanks 

You apply. If they are able to verify her status immediately, they will submit the application and hand you a letter that you have applied. Barring any issues, the card will show up in about or week or 2.

If you have to go through manual verification, they will notify you (I'm not sure if you get a letter or not...I think so, but not 100% on that). About 13 days before the I-94 expires they will send a letter notifying you that you no longer qualify and the application is abandoned.