I'm on K-1 Visa, got married, 2 weeks later went to apply for SSN but was rejected. Help?

[Quarter 2]

Hey guys,

I'm on the K-1 fiance visa, and got married within a few days of my arrival. As per suggestions from the SSN guide on VisaJourney, I waited for 2 weeks so that my record of being here will be in the system, and then I went to the SSA office in Manhattan today.

The lady who attended to me was nice, and asked if I'm already married. When I told her yes, she said that since I'm married, my K-1 visa would've then expired and I have to wait till I get my EAD (work authorization card?) before I can apply for an SSN. I responded by saying this leaves me in a legal limbo, and she smiled sheepishly and said that I'm not the first person who are in this situation, and likely will not be the last. I was then given a printed letter stating that my application has been rejected but if I think this decision is wrong, I can challenge it.

Is she correct in this matter, that I cannot apply for an SSN because my K-1 visa has expired after I got married? The K-1 visa in my passport states that my expiration date is end of Oct 2014. Should I go back to the same SSA office again?

Thanks!

[Harpa Timsah 13,258]

The lady was wrong. Go back and ask for a supervisor. Apply for the SSN in maiden name, too.

Keep in mind that even if you are rejected now by SSA employees that don't even know their own rules, it is not a huge deal. You do not need SSN to apply for AOS or for health insurance, and you can get a SSN once you get your EAD card. THough, having a SSN makes life easier for many things. Good luck.

[sweet cakes 326]

Hey guys,

I'm on the K-1 fiance visa, and got married within a few days of my arrival. As per suggestions from the SSN guide on VisaJourney, I waited for 2 weeks so that my record of being here will be in the system, and then I went to the SSA office in Manhattan today.

The lady who attended to me was nice, and asked if I'm already married. When I told her yes, she said that since I'm married, my K-1 visa would've then expired and I have to wait till I get my EAD (work authorization card?) before I can apply for an SSN. I responded by saying this leaves me in a legal limbo, and she smiled sheepishly and said that I'm not the first person who are in this situation, and likely will not be the last. I was then given a printed letter stating that my application has been rejected but if I think this decision is wrong, I can challenge it.

Is she correct in this matter, that I cannot apply for an SSN because my K-1 visa has expired after I got married? The K-1 visa in my passport states that my expiration date is end of Oct 2014. Should I go back to the same SSA office again?

Thanks!

As Harpa said, the SSA clerk was incorrect. Your eligibility as a K1 visa holder didn't change after marriage.

Did you apply in your married name? This has been a common issue since the clerk checks your married name in the SAVE database, and of course, they will only see your maiden name, as in your I-94 and passport.

Although, some folks mentioned they were able to use their married name on their first SSA visit, this route is rarely successful. You might want to try again using your maiden name. Bring your passport, I-94 and a filled-out SS-5. http://www.socialsecurity.gov/forms/ss-5.pdf

Bringing a print-out of this might also help: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

Btw, your K1 visa expired at your POE, and it's your I-94 that determines your 90-day lawful presence.

Edited August 4, 2014 by sweet cakes

[Marco&Bettina 502]

The lady was wrong. Go back and ask for a supervisor. Apply for the SSN in maiden name, too.

Keep in mind that even if you are rejected now by SSA employees that don't even know their own rules, it is not a huge deal. You do not need SSN to apply for AOS or for health insurance, and you can get a SSN once you get your EAD card. THough, having a SSN makes life easier for many things. Good luck.

Harpa, I was planning on doing the same with my Fiancee. Are you saying even after married, apply under maiden name only?

[Harpa Timsah 13,258]

Harpa, I was planning on doing the same with my Fiancee. Are you saying even after married, apply under maiden name only?

Yes, and really, it is better to apply before marriage to avoid this problem. Many times, applying after marriage in the married name will just cause them to do namechecks until your I-94 expires.

You can change it to married name when you get your GC.

[Quarter 2]

Ah thanks guys!

As Harpa said, the SSA clerk was incorrect. Your eligibility as a K1 visa holder didn't change after marriage.

Did you apply in your married name? This has been a common issue since the clerk checks your married name in the SAVE database, and of course, they will only see your maiden name, as in your I-94 and passport.

Although, some folks mentioned they were able to use their married name on their first SSA visit, this route is rarely successful. You might want to try again using your maiden name. Bring your passport, I-94 and a filled-out SS-5. http://www.socialsecurity.gov/forms/ss-5.pdf

Bringing a print-out of this might also help: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

Btw, your K1 visa expired at your POE, and it's your I-94 that determines your 90-day lawful presence.

Both my spouse and I decided to keep our own last names, so I think that shouldn't be an issue.

Funnily enough, the clerk told me that my I-94 is not needed after I presented it to her... I also brought a print out of https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530 but did not show that to her, as at the time I wasn't sure what exactly I should be pointing it out to her since she mentioned that my K-1 visa expired.

Should I show the part that says I-94: "Arrival/Departure Record Evidence the alien is a non-immigrant. There are different versions of the form."? Or what should I point out to these uninformed SSA clerks?

[sweet cakes 326]

Ah thanks guys!

Both my spouse and I decided to keep our own last names, so I think that shouldn't be an issue.

Funnily enough, the clerk told me that my I-94 is not needed after I presented it to her... I also brought a print out of https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530 but did not show that to her, as at the time I wasn't sure what exactly I should be pointing it out to her since she mentioned that my K-1 visa expired.

Should I show the part that says I-94: "Arrival/Departure Record Evidence the alien is a non-immigrant. There are different versions of the form."? Or what should I point out to these uninformed SSA clerks?

Strange that the lady didn't accommodate you even without a name change. Maybe better on your next visit if you just present to the SSA clerk those 3 documents upfront (in a friendly manner, of course ). Then, if the clerk still asks silly questions, ask to speak with a supervisor.

Btw, some mentioned they also brought their birth certificate. Bring it and the marriage cert too, just in case. All the best!

[Marco&Bettina 502]

Yes, and really, it is better to apply before marriage to avoid this problem. Many times, applying after marriage in the married name will just cause them to do namechecks until your I-94 expires.

You can change it to married name when you get your GC.

I will take that into consideration. I guess that will delay our marriage some then because of the 2-week thing people talk about. Thanks for your response.

[Harpa Timsah 13,258]

I will take that into consideration. I guess that will delay our marriage some then because of the 2-week thing people talk about. Thanks for your response.

I believe that with the electronic I-94, the 2-week wait is no longer needed. Good luck.

[sweet cakes 326]

I will take that into consideration. I guess that will delay our marriage some then because of the 2-week thing people talk about. Thanks for your response.

The 2-week thing is no longer needed because of the online I-94. Folks have even mentioned successful SSN application the next day after arrival.

[Quarter 2]

I believe that with the electronic I-94, the 2-week wait is no longer needed. Good luck.

The 2-week thing is no longer needed because of the online I-94. Folks have even mentioned successful SSN application the next day after arrival.

Is there a way to update the guide (or notify someone about it) so that other people will not fall into the same situation as I did?

Thank you so much guys, all of you have been very helpful!

Just to recap (because this is quite confusing for me), my I-94 is the one that determines my lawful presence here in the country, and I should tell the clerk that they should base their decision not on my K-1, but on my I-94, is that correct?

[Marco&Bettina 502]

The 2-week thing is no longer needed because of the online I-94. Folks have even mentioned successful SSN application the next day after arrival.

We will do that then. & forget about delaying our marriage.

[Harpa Timsah 13,258]

The decision is on both your I-94 and the K-1, but not related to your marriage. Some people at the SSA think that if you marry you become a K-3 (which is ridiculous). Your marriage has nothing to do with it. A k-1 with a valid I-94 is eligible for a SSN. Just talk to a supervisor.

The good news is that once the SSN is sorted you will probably never travel to a SSA office again.

[Marco&Bettina 502]

The decision is on both your I-94 and the K-1, but not related to your marriage. Some people at the SSA think that if you marry you become a K-3 (which is ridiculous). Your marriage has nothing to do with it. A k-1 with a valid I-94 is eligible for a SSN. Just talk to a supervisor.

The good news is that once the SSN is sorted you will probably never travel to a SSA office again.

I like.

Mine is 1 hour away. Luckily, that's not that far.

Edited August 4, 2014 by Marco&Bettina

[CowBoE 429]

Yes, and really, it is better to apply before marriage to avoid this problem. Many times, applying after marriage in the married name will just cause them to do namechecks until your I-94 expires.

You can change it to married name when you get your GC.

Ahh...good to know this.