Rejected at SSA office

[I'm Gone 60]

Which SSA office told you this?

[jbrid 0]

Answers:

SSA Office: Albany, NY

What we brought and presented to the clerk:

• I-94
• Passport
• Certified copy of marriage license
• copy of 'RM 00203.500'

[obbynox 0]

hmmmm I was awarded a SS card before we were married. We tried to do the name change AFTER marriage (went down with all the correct documents) and was told it was not possible as there was less than 2 weeks left on the Visa and the system locked anyone out who tried to amend it as i am now with AOS pending and my Visa is no longer valid! How much time is left on your visa? I'm wondering if this is where the problem lies?

[jbrid 0]

hmmmm I was awarded a SS card before we were married. We tried to do the name change AFTER marriage (went down with all the correct documents) and was told it was not possible as there was less than 2 weeks left on the Visa and the system locked anyone out who tried to amend it as i am now with AOS pending and my Visa is no longer valid! How much time is left on your visa? I'm wondering if this is where the problem lies?

The K-1 is valid until 10/23 so there is more than 3 weeks left on it.

[TracyTN 237]

The K-1 is valid until 10/23 so there is more than 3 weeks left on it.

K1s are invalid upon entry into the US. Status is then derived from the I 94.

[obbynox 0]

hmmmm I was awarded a SS card before we were married. We tried to do the name change AFTER marriage (went down with all the correct documents) and was told it was not possible as there was less than 2 weeks left on the Visa and the system locked anyone out who tried to amend it as i am now with AOS pending and my Visa is no longer valid! How much time is left on your visa? I'm wondering if this is where the problem lies?

The K-1 is valid until 10/23 so there is more than 3 weeks left on it.

there should be no problem then. How far are you from the Newark office in N.J? They're pretty clued up from my experience and waiting times are low compared to some other offices!

(just a thought)

The K-1 is valid until 10/23 so there is more than 3 weeks left on it.

K1s are invalid upon entry into the US. Status is then derived from the I 94.

Ture but once it has expired you will need work authorisation in order to apply for an SSN as after the marriage the status is changed so you are no longer allowed to work without an EAD!

[TracyTN 237]

Ture but once it has expired you will need work authorisation in order to apply for an SSN as after the marriage the status is changed so you are no longer allowed to work without an EAD!

That's correct - if you have waited past day 76 on the I 94, you must then get EAD before you can get an SSN (for K1s).

However, my husband got his SSN as a K1 entrant AFTER we had married. SSAs rules for K1s are concerned with whether or not they are work authorized, not whether or not they are married (I believe I Quit has talked about that distinction before on this forum.). Though K1ers getting married does seem to further confuse most SSA offices - ours told us since we had married, he had to leave the country and then get a spouse visa. I love it when SSA tries to interpret immigration rules!

Also I don't want people under the false impression that K1s are still valid after entry. Often times with immigration, the devil is in the details!

*edited for clarification*

Edited September 30, 2009 by TracyTN

[payxibka 10,044]

Ture but once it has expired you will need work authorisation in order to apply for an SSN as after the marriage the status is changed so you are no longer allowed to work without an EAD!

That's correct.

I just don't want people under the false impression that K1s are still valid after entry. Often times with immigration, the devil is in the details!

True, but looking at the OP's timeline, US entry was on 7/25, so 90 days fromentry would in fact be 10/23 (the date indicated by the OP as the K-1 expiration, when in reality it is in fact the I-94 expiration)

[jbrid 0]

I described my situation in an email via this website:

http://www.ssa.gov/feedback/

I am not what to expect back from that, but I guess it can't hurt.

I may try another SSA office before 'day-76' arrives.

[TracyTN 237]

Ture but once it has expired you will need work authorisation in order to apply for an SSN as after the marriage the status is changed so you are no longer allowed to work without an EAD!

That's correct.

I just don't want people under the false impression that K1s are still valid after entry. Often times with immigration, the devil is in the details!

True, but looking at the OP's timeline, US entry was on 7/25, so 90 days fromentry would in fact be 10/23 (the date indicated by the OP as the K-1 expiration, when in reality it is in fact the I-94 expiration)

Yes - again, just a transposition of terms (K1 expiration vs I 94 expiration).

[jbrid 0]

I described my situation in an email via this website:

http://www.ssa.gov/feedback/

update:

I got a fairly promising reply from my email to this website. An official called from the SSA Headquarters in Baltimore. He got some information from me and then called the Albany office. Then he called me back and said that the Albany office will now at least accept the application. He said that will allow the application to get into the system and be processed by the regional office. Apparently, that doesn't necessarily mean that it will be approved, but its a start.

[I'm Gone 60]

I described my situation in an email via this website:

http://www.ssa.gov/feedback/

update:

I got a fairly promising reply from my email to this website. An official called from the SSA Headquarters in Baltimore. He got some information from me and then called the Albany office. Then he called me back and said that the Albany office will now at least accept the application. He said that will allow the application to get into the system and be processed by the regional office. Apparently, that doesn't necessarily mean that it will be approved, but its a start.

Good that someone at SSA knows what's going on.

[TracyTN 237]

I was just thinking that!

[jbrid 0]

Yeah, I am just worried about the amount of attitude that I will face the next time I go to the office. They aren't gonna be happy about the fact that someone from HQ called and told them they weren't doing their jobs correctly. Maybe I should bring flowers or something.

[TracyTN 237]

They're only being made to do their jobs. They should be grateful for the clarification so that they can do their job properly from now on. Your wife has every right to her SSN so you're not asking for special treatment.

ETA if they DO give you attitude when you return, I'd report that too!!

Edited September 30, 2009 by TracyTN