The Social security office may have just ended my friends wifes immigration journey.

[Loren Y 2,755]

I need some input, as I think this is all bad. My friend is doing the K1 visa route. His fiancee came and got married ( I officiated the wedding), and he filed for AOS already. They had applied for her SS card a week after arriving in the US, but never received it. They completed the fingerprinting and photo for AOS last week. It has been 10 weeks plus and still no SS card. He made an appointment and returned to the Social security office today at 9am eastern time to check the status of the card. They said they don't know what happened , but for some reason it didn't go thru, but they would fix it. Their method of fixing it was from my conversation with him was that the lady said since it was past the I94 expiration obviously was to put her in the system as a US citizen. I kid you not, they put a K1 visa arrival, that has just started AOS in the Social security computer as a US citizen so she would receive a Social Security card. I am assuming this is not good at all. They won't know for sure until the card shows up in about a week, but if she gets an unrestricted SS card, I told him that will be all bad. This would fall under registering to vote, or something similar as it is a misrep as claiming to be a US citizen when you are no where near US citizenship. And as I recall you have to return to the SS office after obtaining your Naturalization Document to have them put you in the system as a US citizen. Maybe I flipped out and panicked without cause ( I don't think so), but I have never heard of this being done. Has anyone ever hear or seen this done. If this did happen, I can only think bad things will come from it down the line. Any thoughts? I already have him on the phone making a return appointment for the office to get that on the books, but what would be the options. I can't believe a SS employee could be this naive. Any input is welcome. He said it was a nightmare there, and they had like 10 sheets of paper spread out over the desk with like 3 people including a supervisor trying to work it out. Typical government efficiency at it's finest.

Edited February 2, 2022 by Loren Y

[milimelo 4,486]

I understand the predicament but wait until the SS card shows up (if it shows up). 

10 weeks post K-1 arrival certainly won’t get her a SS card - she can ask for one as part of AOS process or after she gets an EAD. 

[Mike E 11,739]

https://www.ssa.gov/forms/ss-5.pdf
 

Did she put a check mark or X in the US citizen box of question number 5? 

 

Edited February 2, 2022 by Mike E

[Rocio0010 5,579]

41 minutes ago, Loren Y said:

I can't believe a SS employee could be this naive.

It doesn't surprise me, unfortunately. When I called to update my SS card after I received my GC (I had another card because I was on a F1 student visa), the person on the phone did not know what a green card was.

 

To me the most important thing is to get a copy of the application form and see if the person put an X under "yes" or "no" on question 5 of the application. Just because the officer said he'd put them down as a USC it doesn't mean it happened. 

If it did happen, I think not all is lost, but definitely worth calling an attorney and asking.

[Marieke H 2,512]

As long as she did not claim to be a citizen on her application form, I don't think it is an issue. I would wait and see what kind of SS card arrives, if it arrives, and go from there.

[Loren Y 2,755]

He is video calling his wife now to check the form as he has copies of everything because they made copies of everything for him. They asked for his marrige certificate,  the proof he filed AOS, he said they even looked up his ss number for some reason. He said they just sat there dumbfounded for like 10 or 15 minutes,  then said we're going to go the easy way, and just put it thru as she is a US citizen so she can get a card. He said the one question that he couldn't believe was they asked why she needed a ss number anyway? He said to add her to insurance,  bank accounts,  to file taxes, etc. He already added her to his insurance,  but they said please update us when she gets her ss number, so he was going to do that also. 

 

He just called back, and that box is marked no. But he keeps saying that she said it's better to put her in as a US citizen because it avoids all the hassle that comes with the K1 process,  and since they are married she is basically a citizen already.  Guess they can skip everything else and go straight to applying for a US passport....  LOL.

[Loren Y 2,755]

Well, thanks for all the responses so far. Since he checked no on the box, it's on the ss office obviously.  Will post back here in 5-10 days when the card is supposed to show up.i told him to keep that copy of the ss5 from now until the end of the journey. It's going in a safety deposit box at the bank for the next 5 years or so.

Edited February 2, 2022 by Loren Y

[Dashinka 24,515]

26 minutes ago, Loren Y said:

He is video calling his wife now to check the form as he has copies of everything because they made copies of everything for him. They asked for his marrige certificate,  the proof he filed AOS, he said they even looked up his ss number for some reason. He said they just sat there dumbfounded for like 10 or 15 minutes,  then said we're going to go the easy way, and just put it thru as she is a US citizen so she can get a card. He said the one question that he couldn't believe was they asked why she needed a ss number anyway? He said to add her to insurance,  bank accounts,  to file taxes, etc. He already added her to his insurance,  but they said please update us when she gets her ss number, so he was going to do that also. 

 

He just called back, and that box is marked no. But he keeps saying that she said it's better to put her in as a US citizen because it avoids all the hassle that comes with the K1 process,  and since they are married she is basically a citizen already.  Guess they can skip everything else and go straight to applying for a US passport....  LOL.

I would think as long as the K1 spouse did not claim to be a USC on the SS-5 it will not be an issue.  If an SSA clerk did it themselves, it is what it is.  Generally, the SSA will simply say "go away" for any K1 applicant that has passed the 90 days, so it is interesting this clerk decided to essentially create a work-around.  Make sure they keep a copy of the SS-5.

[Mike E 11,739]

33 minutes ago, Loren Y said:

 He just called back, and that box is marked no.
 

No.  Question 5 is not a yes or no question.  It has multiple   check boxes.  Which box was checked?

 

 

Edited February 2, 2022 by Mike E

[Loren Y 2,755]

16 minutes ago, Mike E said:

No.  Question 5 is not a yes or no question.  It has multiple   check boxes.  Which box was checked?

 

 

I am waiting to actually see the copy. He was going to email it to me when he got home after he scans it in. He wasn't sure what box he checked, but he was 99% sure he didn't say US citizen. He is pretty smart, but I told him scan and email me the form so I can se what he checked.

[Ontarkie 14,231]

Personally I would call them and ask to removed their note in the system that she is a USC. I can see this biting them in the butt with AOS. They can be denied without even an interview if the computer flags this. 

[mam521 2,063]

Unfortunately, dealing with the SSA is dealing with the lowest common denominator.  They tried to tell me they couldn't issue a SSN with the MRIV in the passport, despite what the instructions say, and that they needed the physical green card.  

 

Sorry your friends are dealing with this and hopefully nothing was incorrectly selected by the SSA agent! 

[Rocio0010 5,579]

At this point I know I am just ranting, but it boils me that they hire such incompetent people in a federal agency. They can screw things up for sure.

[JeanneAdil 6,514]

they can mess up the SS application but they can not end the immigration process 

one hand does not talk to the other

[Allaboutwaiting 2,503]

Even though it sounds scary, I think it is fixable. 

For instance, the card won't/ shouldn't be issued, as there is no actual proof of US citizenship. 

Then, if a record through FOIA is requested it should show two forms: the one your friend filled and the one amended by the SSA employee.

 

My guess is that the card won't be processed and they might need to try again when EAD/AP card arrives.