K1 and Social Security Card

[TurkeyUSA 0]

My fiance moved here on May 21st, 2010, so about a month ago. We were legally married on June 4th. He went last week to apply for his social security card (I did not go with him), and they asked him if he was married and told him that he needs to go to USCIS to apply for employment authorization and green card. We are in the process of the paperwork for AOS, however, I was under the impression that he can still apply for his social security card and that it would just state that he is eligible to work only with a seperate EAD card. Under the social security card guide in visa journey, it states that some staff are not aware that a K-1 Visa Holder is eligible to file for a SSN and to also bring a copy of the RM00203.500 paying attention to section C (https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500)as a friendly reminder so we are not turned away incorrectly. He brought that with him and he was still turned away. Is it possible that because we are married, he is unable to obtain a social security card until after we apply for AOS or was he incorrectly turned away? He went back a second time after I explained to him to show them that RM00203.500 and they gave him the phone number for USCIS and the address to the local office. I tried calling the number, am unable to speak to someone and cannot make an appointment. Basically I just want to know if we are able to apply still for the social security card now that we are married and if he was incorrectly turned away, or if getting married changed that. Any advice on this issue is appreciated. Thanks in advance!

[Darnell 8,478]

Sorry - you got stupid clerk at the desk.

Go Back, get supervisor, ask supervisor to LOOK HIM UP in the SAVE database, then go forth with SSN application. Bring passport and birth certificate.

Calling is useless, must go in person.

GOOD LUCK !

Edited June 23, 2010 by Darnell

[Nich-Nick 3,354]

He should be able to get a card based on his K1 status as shown on the I-94 card. Why don't you go with him and help him out? Have you studied the print out to understand what the points are so you have something to say when they say ineligible? From the document:

B. Policy - Evidence of Employment Authorization

Required evidence for employment authorization is either a Form I-94, Arrival/Departure Record, showing a class of admission that indicates the person can work without specific DHS authorization (RM 00203.500C.1.) or an employment authorization document (

EAD

) (Form I-766 or I-688B).

That says your I-94 is evidence of being authorized to work, based on your admission class.

1. General - Evidence of Employment Authorization

Employment authorization for nonimmigrants can be determined by:

the alien's class of admission code as shown on the I-94 (the non-immigrant classifications shown on the I-94 with employment authorization inherent in status are listed in RM 00203.500C.1.); or

That says look at the section RM 00203.500C.1 and see if your classification (K1) is on the list. So click on the link in the document and you get

C. Policy - Employment Authorization by Class of Admission

The following policy applies to employment authorization by class of admission:

1. Aliens Work Authorized Without Specific DHS Authorization

The following sections list nonimmigrants, by alien class of admission codes,

who are authorized to work in the U.S.

without specific authorization from DHS.

The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an

EAD

.

(then a long chart follows)

Scroll down the chart and you will find K1 - Fiance of a US citizen. Notice K3 is not on the list. They are on the next list, if you keep scrolling. That list heading is 2. Aliens Who Require an EAD from DHS Authorizing Employment

So can you work? No, but it's that document that says you are authorized to work based on being a K1, which is how you should fill out the SS application form--legal alien allowed to work.

I would highlight the important points, like the K1 on the chart so you can easily point that out to the supervisor you insist upon seeing.

[TurkeyUSA 0]

Thanks all for the advice! I figured he was incorrectly turned away. However, he called me after the first time he was turned away and I told him to go back and show them that document (which I had the parts highlighted) and they still turned him away. My brother and grandmother were both with him and my grandma told me that its changed since we are legally married now ... I haven't heard of that after doing reserach on it so I thought I would check VJ first before taking time off work to go back with him and apply. I will insist on speaking with a supervisor. Thanks again!

[Darnell 8,478]

Yup - most clerks are NOT TRAINED to even know about the SAVE database.

Seriously, use this phrase - 'Please look him up in the SAVE database' to the supervisor.

IF he's not found, DO NOT APPLY - come back in a week.

[ErikaAndHamit 73]

We had the same problem, but I didn't know about the SAVE database...so we waited until he got his EAD....they won't even try to understand you and think they know it all...it's amazing....sigh

[TurkeyUSA 0]

I need some advice! Very frustrated because I went to the social security office with my fiance and insisted on speaking with a supervisor. She said to me that they get K1's all the time, and that once you are married, you are no longer eligible to apply for a social secuirity card and that I needed to apply for a green card. She said if we would have come before we got married, he could have obtained it, but now he has to wait because now he is not my fiance.

I explained to her that it should not matter that we are married, the document "RM 00203.500C.1" states that based on his class of admission into the US, he does not require DHS authorization and is eligible to obtain a social security card. She said they have received clarification from the regional office and they were told once you get married, the K-1 is no longer valid. I explained to her that for his status to remain legal, and for us to apply for EAD and green card we are required to get married right away and told her we already applied for EAD and green card. I told her we will get the EAD in a couple months but it could way longer for the green card. I then asked her what we needed to come back and apply.

She then said once we get the EAD, we can come back. I said so okay what is it that is required? She said proof of identity which is passport, and if you are not a US citizen then proof that you are here legally. I said so okay, thats what the K1 says, he is here legally based on class of admission and it is not expired yet so it makes no sense for you to tell me we can come back and apply with K1 and EAD because this RM document right here states we do NOT need EAD to apply with K1. It would have made sense if she told me that we can come back with the green card because she had just told me the K1 doesnt work now that we are married- but here she is contradicting herself. But also, no where in this RM document does it state that once we are married things change. Obviously if we are married he is no longer my fiance, but he still arrived here legally with k1 class of admission. I said to look and he should be in the SAVE database and she said probably, but this is what our regional office has clarified to us and we cannot issue you a social security card.

What can I do? I want to contact the Chicago regional office- she gave me a name, but there is only a 1-800# and cant speak to anyone. I suposed we could just wait for EAD, but if she is wrong, other people should not be incorrectly turned away and it should be clarified! Anything I can do?

Thanks and sorry for the rant.

We had the same problem, but I didn't know about the SAVE database...so we waited until he got his EAD....they won't even try to understand you and think they know it all...it's amazing....sigh

Edited July 16, 2010 by Elisa&Huseyin

[Darnell 8,478]

can try another office? Be meek, only utter 'please look up in SAVE database', not mention marriage.

Bring Passport and Birth Certificate.