GOT SSN AS B2 TOURIST, PROBLEMS WHEN FILING FOR CR-1?

[EstambulPR 16]

HYPOTHETICAL QUESTION- OK sorry for the lenghty preamble but I have to set the assumptions first:

1. A foreigner with a B2 visa comes to USA and meets/falls in love with a US military veteran with full benefits (and SSDI);

2. Weeks/months later (well within the visa stamp time frame) they decide to marry, but the foreign spouse will not stay in the US or file for AOS since the foreigner has a life/family overseas AND the US Citizen is a part-time resident in that country as well. They will follow the rules and submit an I-130 via DCF (if possible) or via online AFTER they both return to her/his country;

3. US citizen tries to get foreign spouse a military dependent ID card to enroll her in TRICARE medical insurance and gets told at the ID Card office that the foreign spouse must have SSN or a letter from SSA denying it. The Veterans Administration says the same thing when US Citizen military veteran attempts to file for new dependent(s) benefits.

4. SSA (contrary to myths) will issue a SSA card/number (Type 3) which:

 

"...Shows your name and Social Security number with the restriction, "NOT VALID FOR EMPLOYMENT".

We issue it to people from other countries who:

• are lawfully admitted to the United States without work authorization from DHS, but have a valid non-work reason for needing a Social Security number; or
• need a number because of a federal law requiring a Social Security number to get a benefit or service."
• https://www.ssa.gov/ssnumber/cards.htm
•  

So....the predicament is: If the SSA issues an actual SSN instead of a letter, should we refuse it since it could represent a problem of (erroneous, IMHO) perception?

Since the spouse has a lawful reason to obtain a SSN to secure her lawful benefits as the dependent of a military veteran, I cannot imagine USCIS/NVC questioning the couple's motives...but then again we are talking about bureaucrats. 

 

NOWHERE in US law is marriage while on x or y visa or under xx days prohibited. The prohibition (DOS/NVC) is on the 30/60/90 days for FILING a petition and/or adjusting status from inside the USA, correct?

 

I would appreciate your analysis. Thanks!

 

 

 

 

[Mike E 11,739]

4 hours ago, EstambulPR said:

should we refuse it since it could represent a problem of (erroneous, IMHO) perception?

What perception problem?

 

Anyway you cannot  refuse an SSN. Once issued you have to disclose it on any USCIS or State department form that asks for it.  
 

There is no 30/60/90  day rule. 

Edited December 10, 2022 by Mike E

[Lil bear 4,181]

4 hours ago, EstambulPR said:

HYPOTHETICAL QUESTION- OK sorry for the lenghty preamble but I have to set the assumptions first:

1. A foreigner with a B2 visa comes to USA and meets/falls in love with a US military veteran with full benefits (and SSDI);

2. Weeks/months later (well within the visa stamp time frame) they decide to marry, but the foreign spouse will not stay in the US or file for AOS since the foreigner has a life/family overseas AND the US Citizen is a part-time resident in that country as well. They will follow the rules and submit an I-130 via DCF (if possible) or via online AFTER they both return to her/his country;

3. US citizen tries to get foreign spouse a military dependent ID card to enroll her in TRICARE medical insurance and gets told at the ID Card office that the foreign spouse must have SSN or a letter from SSA denying it. The Veterans Administration says the same thing when US Citizen military veteran attempts to file for new dependent(s) benefits.

4. SSA (contrary to myths) will issue a SSA card/number (Type 3) which:

 

"...Shows your name and Social Security number with the restriction, "NOT VALID FOR EMPLOYMENT".

We issue it to people from other countries who:

• are lawfully admitted to the United States without work authorization from DHS, but have a valid non-work reason for needing a Social Security number; or
• need a number because of a federal law requiring a Social Security number to get a benefit or service."
• https://www.ssa.gov/ssnumber/cards.htm
•  

So....the predicament is: If the SSA issues an actual SSN instead of a letter, should we refuse it since it could represent a problem of (erroneous, IMHO) perception?

Since the spouse has a lawful reason to obtain a SSN to secure her lawful benefits as the dependent of a military veteran, I cannot imagine USCIS/NVC questioning the couple's motives...but then again we are talking about bureaucrats. 

 

NOWHERE in US law is marriage while on x or y visa or under xx days prohibited. The prohibition (DOS/NVC) is on the 30/60/90 days for FILING a petition and/or adjusting status from inside the USA, correct?

 

I would appreciate your analysis. Thanks!

 

 

 

 

Authorized reason for non citizen non lpr to be issued a SSN. No  problems created and several issues avoided by having one ! 

[Crazy Cat 41,806]

9 hours ago, EstambulPR said:

So....the predicament is: If the SSA issues an actual SSN instead of a letter, should we refuse it since it could represent a problem of (erroneous, IMHO) perception?

Since the spouse has a lawful reason to obtain a SSN to secure her lawful benefits as the dependent of a military veteran, I cannot imagine USCIS/NVC questioning the couple's motives...but then again we are talking about bureaucrats. 

I don't understand your concern.  What problem of perception?  There is not a reason, to my knowledge, to refuse an SSN. In fact, there are benefits in having one as soon as possible.

[EstambulPR 16]

7 hours ago, Mike E said:

What perception problem?

 

Anyway you cannot  refuse an SSN. Once issued you have to disclose it on any USCIS or State department form that asks for it.  
 

There is no 30/60/90  day rule. 

I think I am being paranoid after reading all the horror stories here. Maybe I was thinking it would seem as the foreign spouse was trying to jump the gun before returning to her country and waiting for sponsor to file I-130. Thanks!

[EstambulPR 16]

7 hours ago, Mike E said:

What perception problem?

 

Anyway you cannot  refuse an SSN. Once issued you have to disclose it on any USCIS or State department form that asks for it.  
 

There is no 30/60/90  day rule. 

I was referring to The commonly cited “90-day rule” in immigration-themed pages like this, I.e., filing for immigration or applying for any .gov benefit within certain amount of days of arrival to USA (unless on K-1, of course), could be interpreted as attempt to circumvent the system. Thanks.

[EstambulPR 16]

7 hours ago, Lil bear said:

Authorized reason for non citizen non lpr to be issued a SSN. No  problems created and several issues avoided by having one ! 

Yeah, I figured could even work to the foreign spouse’s benefit when applying for CR-1. Thanks!!

[Crazy Cat 41,806]

1 minute ago, EstambulPR said:

I was referring to The commonly cited “90-day rule” in immigration-themed pages like this, I.e., filing for immigration or applying for any .gov benefit within certain amount of days of arrival to USA (unless on K-1, of course), could be interpreted as attempt to circumvent the system. Thanks.

There is no 90 day rule for USCIS.  

[iwannaplay54 985]

12 hours ago, EstambulPR said:

HYPOTHETICAL QUESTION- OK sorry for the lenghty preamble but I have to set the assumptions first:

1. A foreigner with a B2 visa comes to USA and meets/falls in love with a US military veteran with full benefits (and SSDI);

2. Weeks/months later (well within the visa stamp time frame) they decide to marry, but the foreign spouse will not stay in the US or file for AOS since the foreigner has a life/family overseas AND the US Citizen is a part-time resident in that country as well. They will follow the rules and submit an I-130 via DCF (if possible) or via online AFTER they both return to her/his country;

3. US citizen tries to get foreign spouse a military dependent ID card to enroll her in TRICARE medical insurance and gets told at the ID Card office that the foreign spouse must have SSN or a letter from SSA denying it. The Veterans Administration says the same thing when US Citizen military veteran attempts to file for new dependent(s) benefits.

4. SSA (contrary to myths) will issue a SSA card/number (Type 3) which:

 

"...Shows your name and Social Security number with the restriction, "NOT VALID FOR EMPLOYMENT".

We issue it to people from other countries who:

• are lawfully admitted to the United States without work authorization from DHS, but have a valid non-work reason for needing a Social Security number; or
• need a number because of a federal law requiring a Social Security number to get a benefit or service."
• https://www.ssa.gov/ssnumber/cards.htm
•  

So....the predicament is: If the SSA issues an actual SSN instead of a letter, should we refuse it since it could represent a problem of (erroneous, IMHO) perception?

Since the spouse has a lawful reason to obtain a SSN to secure her lawful benefits as the dependent of a military veteran, I cannot imagine USCIS/NVC questioning the couple's motives...but then again we are talking about bureaucrats. 

 

NOWHERE in US law is marriage while on x or y visa or under xx days prohibited. The prohibition (DOS/NVC) is on the 30/60/90 days for FILING a petition and/or adjusting status from inside the USA, correct?

 

I would appreciate your analysis. Thanks!

 

 

 

 

You will have no issues from an immigration standpoint.  Those cards with that note are common, we had one like that as well.  A SS NUMBER is good forever, and you will automatically receive a new card without the note after your immigrant visa is approved and entry is processed.  There are many reasons to receive such a SS card, the main one being SS cards with the same restriction are issued to K1 visaholders to allow them to get married (some states require one).  They cannot use it for work but they can use it to enroll in health insurance, etc after they are married.

Best of luck!

Edited December 10, 2022 by iwannaplay54

[EstambulPR 16]

9 minutes ago, iwannaplay54 said:

You will have no issues from an immigration standpoint.  Those cards with that note are common, we had one like that as well.  A SS NUMBER is good forever, and you will automatically receive a new card without the note after your immigrant visa is approved and entry is processed.  There are many reasons to receive such a SS card, the main one being SS cards with the same restriction are issued to K1 visaholders to allow them to get married (some states require one).  They cannot use it for work but they can use it to enroll in health insurance, etc after they are married.

Best of luck!

Amazing! Thanks! Yes, the concern is medical coverage while traveling and Veterans benefits for dependents. Super! 

[Lil bear 4,181]

19 minutes ago, EstambulPR said:

Yeah, I figured could even work to the foreign spouse’s benefit when applying for CR-1. Thanks!!

Makes no impact on filing for CR1 .. just one less thing to attend to after immigrating 

[EstambulPR 16]

11 minutes ago, Lil bear said:

Makes no impact on filing for CR1 .. just one less thing to attend to after immigrating 

Good to know! Thanks.

[carmel34 3,620]

2 hours ago, EstambulPR said:

Yeah, I figured could even work to the foreign spouse’s benefit when applying for CR-1.

An SSN will make no difference, good or bad, when applying for immigration benefits.  Many foreign students on F-1 student visas get SSNs for example, so that they can work on campus.  If they later go through the process of applying for an immigrant visa, having an SSN will not influence the IO's decision one way or the other.

[EstambulPR 16]

5 hours ago, carmel34 said:

An SSN will make no difference, good or bad, when applying for immigration benefits.  Many foreign students on F-1 student visas get SSNs for example, so that they can work on campus.  If they later go through the process of applying for an immigrant visa, having an SSN will not influence the IO's decision one way or the other.

10-4. Thanks!

[Timona 4,207]

Is this really an hypothetical question? Seems you've attempted or are in the process of attempting.