Unchecked boxes on I 765

[Lawkev 0]

I'm not sure if this is in the correct category. I filed form I 765 concurrently with I 485. It was recently mailed. I am not sure if I checked boxes 13a, 14 and 15. These are related to applying for a social security number. My wife needs to apply for a social security number. Are there any suggestions as to what I can do at this time.

 

Thanks so much

 

[powerpuff 6,697]

~ Moved from AOS K1/K3 Case Filing & Progress Reports to Social Security Numbers - the question is about obtaining SSN ~
 

As I have told this numerously to others in a similar situation - you should have applied for SSN first thing after your wife arrived in the US, especially with COVID and SSA offices working at a snails pace. After day 75 of the 90 days, you cannot get an SSN anymore and even then, they won’t issue it if it’s cutting close to 75 days.
 

What day is she on right now of the 90 days? 
 

If it’s too late, she will have wait until she gets an EAD to go to SSA office. 

[Lawkev 0]

Thank you for your reply. I have already done exactly as you have described. As soon as she arrived I made an appointment with my local SSA department and she applied for a number. Initially we were told it would take about four weeks. Weeks then turned into months. Every time I called I was told that there was no update and I should call back. After about four months a representative realized that this was not normal and a supervisor finally admitted that they lost her application! All along I thought the delay was due to the pandemic. We have the receipt stating that she applied for the card at the local office. However, the local office had no trace of the application. The supervisor apologized to me and stated that it was thier error. She further stated that it was too late for me to apply again because the nintey days have passed! All she could do was apologize and I wish their was something I could do to hold them to account for their error. However, I don't know what to do. They can not deny that we applied because we have the receipt. This error on their part was very costly on my part because my health insurance will not cover my wife without a social security number. Therefore, I have to pay for any medical expenses out of pocket or apply for what is called charity care from a local hospital. It would cover a part of the expenses but not all due to my income. It is not considered a public charge. She also is not able to get state ID without the social. This is my situation and that is why I wanted to request a card with the I 765 application. When I initially filled out the form I did not check the boxes because I was still waiting for her card from the SSA. When I realized that she would not get a card I can't recall if I checked the boxes before signing the form and sending it off with the AOS. The other error I made was not making a copy of the form before sending it. 

 

Thanks again for the reply.

Edited October 7, 2021 by Lawkev

[powerpuff 6,697]

SSN is NOT required to add your spouse to your health insurance. It's just not true, even though they will tell you that it's required. You're gonna have to fight for that though and jump through hoops. Talk to HR if it's through your employer or supervisor. Here are few threads about people in a similar situation (K1 AOS, no SSN) who managed to add their spouses even though the insurance people/HR person were dead set on requiring SSN: 

 

 

Edited October 7, 2021 by powerpuff

[arken 4,197]

Now all you can do is wait for EAD or GC whichever comes first. Once received she can go to a SSA office again to apply for the SSN. Did you handwrite the form? If filled on a computer, you would have a copy there. Note that even if you checked SSN application on the i765, it would be issued only after i765 approval.

[Lawkev 0]

It isn't checked on the computer copy but I believe I checked it once I printed it out. I can't recall. My mistake. 

Thank you. I'll read the posts. 

[Lawkev 0]

The AOS packet ended up being sent back to me due to an error on my part. I corrected it and resent it. I noticed that I had not checked the box requesting a social security number. I checked it this time. I noticed that the money for the AOS was deducted from my bank account which means the application was accepted. However, I have yet to receive official correspondence from USCIS. I have read some people on this forum stating that employers can not require social security numbers in order to add employees or their dependents to the company provided health insurance plans. I have spoken to representatives and a supervisor at the benefits department at my job. They say there is no way of getting my wife on my plan without a SSN. They say I will also not qualify for retrospective coverage from the date of our marriage. I'm already getting medical bills in the thousands because she is expecting. I have a decent job and benefits. I though adding her would be a peace of cake. I would love to believe that it is unlawful for my job to deny me this service as some have stated in this forum. However, the evidence that I have saw seems to be to the contrary. On the social security site it states:

 

Can I refuse to give my Social Security number to a private business?

 

Anyone can refuse to disclose his or her number, but the requester can refuse its services if you do not give it. Businesses, banks, schools, private agencies, etc., are free to request someone's number and use it for any purpose that does not violate a federal or state law. Sometimes they will issue a different number if you ask.

 

https://faq.ssa.gov/en-us/Topic/article/KA-02232

 

Is there a way for me to hold the social security administration accountable for loosing my application? Since my job is refusing to add my wife is there a government agency to which I can report this "unlawful" act? Any help will be greatly appreciated. 

 

Thank you 

[Ayrton 965]

4 hours ago, Lawkev said:

The AOS packet ended up being sent back to me due to an error on my part. I corrected it and resent it. I noticed that I had not checked the box requesting a social security number. I checked it this time. I noticed that the money for the AOS was deducted from my bank account which means the application was accepted. However, I have yet to receive official correspondence from USCIS. I have read some people on this forum stating that employers can not require social security numbers in order to add employees or their dependents to the company provided health insurance plans. I have spoken to representatives and a supervisor at the benefits department at my job. They say there is no way of getting my wife on my plan without a SSN. They say I will also not qualify for retrospective coverage from the date of our marriage. I'm already getting medical bills in the thousands because she is expecting. I have a decent job and benefits. I though adding her would be a peace of cake. I would love to believe that it is unlawful for my job to deny me this service as some have stated in this forum. However, the evidence that I have saw seems to be to the contrary. On the social security site it states:

 

Can I refuse to give my Social Security number to a private business?

 

Anyone can refuse to disclose his or her number, but the requester can refuse its services if you do not give it. Businesses, banks, schools, private agencies, etc., are free to request someone's number and use it for any purpose that does not violate a federal or state law. Sometimes they will issue a different number if you ask.

 

https://faq.ssa.gov/en-us/Topic/article/KA-02232

 

Is there a way for me to hold the social security administration accountable for loosing my application? Since my job is refusing to add my wife is there a government agency to which I can report this "unlawful" act? Any help will be greatly appreciated. 

 

Thank you 

You might want to show them question 5 of this FAQ on the IRS website.

 

https://www.irs.gov/affordable-care-act/questions-and-answers-about-reporting-social-security-numbers-to-your-health-insurance-company

 

You might also need to reach out to the health insurance company and ask them to educate your benefits department.

[Lawkev 0]

I tried. They don't want to discuss these issues. They say it is up to HR. I work for a large company. Recently they had an audit and removed everyone who could not produce a birth certificate/marriage certificate and social security card. I files a complaint with HHS.gov. I'll see how that goes but honestly I'm not very optimistic.