SSA Unwilling to Issue SSN

[faust-yusov 103]

I've just received a letter from the SSA insisting that I am ineligible for a SSN at this point in my immigration.

They argue that I am no longer a K-1 status immigrant because I have already got married, and until I adjust status to LPR I am ineligible for a card.

Is this correct? Am I ineligible until I complete AOS?

[Inky 1,110]

Its not correct, i got mine after marriage and hadn't even filed for AOS yet.

[Dave&Roza 748]

As long as you have more than 14 days left on your I-94 that is a load of BS. If you remember the date, time, and name of the person you talked to (even if you don't) go to the main SSA website and get the e-mail address and send them an e-mail explaining what you were told. They will give you a detailed e-mail that you can use to "educate" the workers at your local office. You can also do a search here on VJ as someone posted their e-mail from the SSA which states that a K-1 is eligible for a SSN and marriage does not cancel that eligibility.

Some locations of the SSA are better than others, but it does appear the main office is willing to help.

Good luck,

Dave

Edited December 22, 2011 by Dave&Roza

[Redflame2012 32]

I acquired my SSN about a week after marriage. There was no problem. However, I was unable to obtain an ID

until I filed for adjusted status and my EAD (ie work permit- valid for a year) arrived.

Perhaps you should return back to the office, and query this letter??

Edited December 22, 2011 by Redflame2012

[I AM NOT THAT GUY 5,715]

I've just received a letter from the SSA insisting that I am ineligible for a SSN at this point in my immigration.

They argue that I am no longer a K-1 status immigrant because I have already got married, and until I adjust status to LPR I am ineligible for a card.

Is this correct? Am I ineligible until I complete AOS?

Was the letter from the office you applied to, or from the SSA regional/main office? The system is automated, so unless there has been a recent policy change, somebody keyed in the wrong information.

[faust-yusov 103]

@Crusty Old Perv: From my local office in Charleston.

@Everybody: Thanks for the help. Have just contacted them via the website. Hopefully they'll send me enough info to ensure my third visit to the office is a success.

[I AM NOT THAT GUY 5,715]

Who knows? There might have been a change of policy. The Office of Inspector General has recommended a change in the policy:

We question whether SSA policy and practices for assigning SSNs to K 1 visa holders who do not present a work authorization document create opportunities for SSN misuse. We also question whether assigning SSNs to K 1 visa holders who may be in the country for 90 days or less and who do not marry is prudent. We acknowledge that law and DHS regulations authorize K 1 visa holders to work, thus permitting them to obtain SSNs before they marry. However, we believe SSA should not assign SSNs to K 1 visa holders until they marry and adjust their immigration status with DHS.

http://oig.ssa.gov/sites/default/files/audit/full/html/A-08-07-17044.html

Edited December 22, 2011 by Crusty Old Perv

[Kim.D 3]

I was told the exact same thing when I tried to apply for my SSN after I married. I contacted the SSA through their website and got an education email and a phone call telling me that I am eligible and to go back to the office. In the end it worked as she realized that the information she told me was wrong. After my second visit I had my SSN in about 10 days.

Good luck

[faust-yusov 103]

Got this sorted today - got a call from the SSA.

No change in policy: K-1 visa holders are still perfectly eligible for Social Security numbers after marriage.

Strongly suggest searching for posts by "I Quit" / "I'm Gone" for anyone facing similar difficulties, as well as e-mailing the SSA via their main website.

Thanks again,

f-y.

[Darnell 8,478]

so you were successful in getting the SS-5 form accepted at your local SSA office?

There's a lot of training steps prior to that, where the SSA employees at 'yer local' have to accept the training bits and rehome their brains.

Let us know what transpired, that next visit to 'yer local' ?

[faust-yusov 103]

It wasn't so much my success - moreso the success of the person who dealt with my enquiry via the SSA website.

They contacted my local office personally, explained the correct policy, and telephoned me today for my I-94 number. Apparently I should hear from them (the local office) by the end of the week.

I haven't been back to my local office after receiving the letter mentioned in the OP. Everything since has been dealt with by the SSA.

[Darnell 8,478]

usually, you apply by going in person.

Now that the 'krewe at yer local' has been trained, yer missing an important piece of personal history, a life-changing event -

to go in person.

Really - go today.

[faust-yusov 103]

I've been in person. Twice.

For posterity, I'll establish a rough chronology:

-------

- First visit to local SSA office [early Dec]

Arrived with SS5 form, marriage license and passport (with K1 visa and I-94 inside). Received ticket for Foreign Born enquiry. Waited ~20 minutes. Told in interview that after marriage my status changed from K1 to K3, and that I now needed DHS work authorization (i.e. the I-766 EAD) to be eligible for a SSN. Contested this, but not enough. The man behind the window was perfectly friendly but very insistent. Left confused and without SSN.

- Second visit to local SSA office [mid Dec]

Having looked over old VJ threads and posts by "I Quit", returned to the local office with a print-out of the lengthy e-mail posted by Jilli & Ales on this page. Made the point that the K3 was an entirely different visa type and that my status had not changed. Pointed in particular to the quote:

"Note: Marriage does not affect an individual with K-1 status's eligibility to be assigned an SSN, or issued a card."

SS5 provisionally accepted, pending review.

- Letter from local SSA office [Dec 22]

Letter essentially stating the same as what was said to me on my first visit - that I was ineligible without DHS work authorization. Posted this thread and e-mailed SSA via their main website.

- 2 e-mails from SSA [Dec 23]

Prompt response from SSA stating that my query had been forwarded to the local office. E-mail also included updated version of the info Jilli & Ales posted in the link above (will post this below).

Received a second e-mail the same day saying that my local office were conferring with the regional office about my K1 status and eligibility for a SSN. Told I did not need to return to the local office and to await further info.

- Telephone call from main SSA office [Jan 3]

Confirmation that the local office had been incorrect and that I am still eligible. Asked for my I-94 number and told I will hear back by the end of the week.

---------

Bottom line, if you have difficulties: e-mail them via the website, and search for posts by "I Quit" / "I'm Gone", who has written on here accurately and extensively about the process.

(And this would've probably moved along even quicker had I not been having trouble with my phone at the same time. They tried calling me as early as Dec 23.)

Edited January 3, 2012 by faust-yusov

[faust-yusov 103]

First e-mail received from SSA:

------

Thank you for contacting the Social Security Administration regarding eligibility to be assigned a Social Security number.

We have faxed a copy of your inquiry to the office manager of the Charleston, SC Social Security office. We have been unable to reach you at the phone number you provided (843-XXX-XXXX).

We suggest that you go back into the office with the required evidence as listed below, and ask to speak with an office manager if your application is not accepted. If your application is accepted, be sure that you are provided the application reference number, such as, 11361123456.

You may find the following additional information helpful.

An individual that entered the United States with K-1 status applying for a work authorized SSN must present evidence at one of our offices to establish his or her age, identity, and current lawful employment authorized status.

An individual needs to provide at least two documents as evidence to establish age, identity, and current lawful employment authorized status.

Example: If the immigration document, for example, Form I-94, Form I-551, Form I-766, is used to establish work authorization and identity, the alien must provide another document to establish age.

We will not assign an SSN or issue a card to an individual that is within 14 days of his or her alien status expiring. Until the 76th day after entry an individual with K-1 status only needs to provide an unexpired I-94 showing current K-1 status to establish employment authorized status for SSN purposes.

Once, an individual that entered the United States with K-1 status has been in the United States 76 days he or she will need another document, for example, Form I-551, Form I-766, to establish employment authorized status for SSN purposes.

RM 10211.420 Employment Authorization for Non-immigrants:

http://policy.ssa.gov/poms.nsf/lnx/0110211420

RM 10211.025 Evidence of Lawful Permanent Resident (LPR) Status for an SSN Card:

http://policy.ssa.gov/poms.nsf/lnx/01102110254

Note: Marriage does not affect an individual with K-1 status's eligibility to be assigned an SSN, or issued a card.

When requesting an SSN card, the documents presented, as evidence must be either originals or copies certified by the issuing agency. We cannot accept uncertified or notarized photocopies as evidence.

If an acceptable evidence document is in a language other than English and no other acceptable document is available, we will have the foreign language document translated by an authorized translator.

SSA translators comprise two groups:

-- Field office and Payment Center employees who volunteer their services as translators

-- Central Translation Section translators who hold actual translator positions.

GN 00301.340 Authorized Translators Defined:

http://policy.ssa.gov/poms.nsf/lnx/0200301340

If a foreign-born person has the foreign birth certificate in his/her possession or can easily obtain a copy, he or she must submit it as proof of age. In some situations we can accept alternative evidence of age. The alternative evidence of age may be less than a year old, for example, foreign passport.

You can find links to detailed information regarding evidence that establishes age on our Web site:

http://policy.ssa.gov/poms.nsf/lnx/0110210250

The documents acceptable as evidence of identity are based on three factors: (1) the applicant’s age, (2) the applicant’s citizenship/alien status, and (3) the relative value of documents.

Primary Identity Evidence for an alien:

-- Form I-551, Permanent Resident Card (includes temporary I-551 Stamp in combination with an unexpired foreign passport when the I-551 Permanent Resident Card has not yet been issued)

-- Form I-94, Arrival/departure Record in combination with an unexpired foreign passport

-- Form I-766, Employment Authorization card in combination with an unexpired foreign passport

Note: Document must be unexpired

Secondary Identity Evidence for an alien:

-- Unexpired valid U.S. driver’s license (excludes licenses known to be suspended or revoked)

-- U.S. State issued non-driver identity card (issued by the same State agency which issues driver’s licenses/State-level agency with issuing authority over the State’s identity card and not expired)

-- Marriage document showing in addition to the applicant’s name either the applicant’s date of birth (DOB) or age

-- Certified copy of medical record (clinic, doctor, or hospital) or letter providing extract data from the medical record showing in addition to the applicant’s name, the applicant’s DOB or age

-- Health insurance or Medicaid card showing, in addition to the person’s name, either a photograph of the person or his/her DOB

-- School identity card or record (for current school year) showing, in addition to the applicant’s name, either a photograph of the applicant or the applicant’s DOB

-- Life insurance policy for the person showing his/her age or DOB.

However, the acceptability of an identity document must be evaluated on a case by case basis by the office processing the application.

RM 10210.405 Evidence of Identity for an SSN Card:

http://policy.ssa.gov/poms.nsf/lnx/0110210405

RM 10210.420 List of Documents in Priority of Acceptability for Use as Evidence of Identity:

http://policy.ssa.gov/poms.nsf/lnx/0110210420

We cannot accept an application filing receipt or notice of action as evidence of an immigration document, or an immigration document with a “valid from” date in the future.

Exception: We can accept an expired I-551 card accompanied by a Form I-797C (Notice of Action) stating, “Your conditional resident status is extended for a period of one year as evidence of LPR status.”

Take the required documents to the nearest Social Security office or Card Center. Individuals age 12 or older applying for an original SSN and card must apply in person.

You can obtain the address and directions to the nearest Social Security office from the Social Security Office Locator, which is available on the Internet:

http://www.ssa.gov/locator

Normally, an SSN card should be received in the mail within two weeks after the application and required document(s) have been received and verified.

However, when an alien requests an SSN or replacement card, we must verify his or her documents/current status with the appropriate bureau of the Department of Homeland Security (DHS). If the initial online verification is not possible through the Systematic Alien Verification for Entitlements (SAVE) system, we may need to send a Form G-845 to the appropriate DHS Status Verification Office (SVO) for manual verification.

Social Security field offices can submit an additional electronic online verification, which with the majority of applications eliminates the need to send a Form G-845 along with a copy of the applicant’s immigration documents.

However, some applications still require a copy of the immigration document(s) to be mailed to the appropriate DHS SVO along with Form G-845 for manual verification.

The 14-day status expiration limit for assigning an SSN and/or issuing a card applies even if an individual submitted his or her application before being within the 14-day period and entered the 14-day period while waiting for his or her status to be verified.

Our offices can also assist applicants by issuing a notice acknowledging the SSN application while documents are being verified.

RM 10205.215 Acknowledgement Requested for an Application for an SSN Card:

http://policy.ssa.gov/poms.nsf/lnx/0110205215

All cards are mailed from Social Security Headquarters in Baltimore, Maryland to the postal address provided on the Form SS-5.

Individuals can contact the U.S. Citizenship and Immigration Services (CIS) by calling the National Customer Service Center toll-free number, 1-800-375-5283, or visiting a local CIS office.

You can locate CIS offices on their Web site:

https://egov.uscis.gov/crisgwi/go?action=offices

Before going into a CIS office individuals first need to make an INFOPASS appointment:

http://infopass.uscis.gov

Finding the Status of Your Case:

https://egov.uscis.gov/cris/jsps/index.jsp

How Do I...Help My Fiancé(e)Become a Permanent Resident of the United States:

http://www.uscis.gov/USCIS/Resources/A2en.pdf

I-485, Application to Register Permanent Residence or Adjust Status:

http://www.uscis.gov/files/form/i-485.pdf

http://www.uscis.gov/files/form/i-485instr.pdf

Application for Employment Authorization:

http://www.uscis.gov/files/form/i-765.pdf

http://www.uscis.gov/files/form/i-765instr.pdf

How Do I...Renew or Replace My Permanent Resident Card:

http://www.uscis.gov/USCIS/Resources/B2en.pdf

Petition to Remove Conditions on Residence:

http://www.uscis.gov/files/form/i-751.pdf

http://www.uscis.gov/files/form/i-751instr.pdf

You can find SSN and employment information on the Internal Revenue Service (IRS) Web site:

http://www.irs.gov/businesses/small/international/article/0,,id=129227,00.html

If ineligible to be assigned an SSN, Social Security offices can provide written notice using Form SSA-L676 to explain that an SSN cannot be assigned due to your not having provided authorization to work in the United States for SSN purposes, or evidence of a valid nonwork reason for needing an SSN.

Needing an SSN for school aid or enrollment, tax purposes, private health insurance, banking, credit cards, loans, or to be issued a state professional or driver’s license are NOT valid non work reasons for needing an SSN.

RM 10211.610 Valid Reasons to Assign an SSN for Nonwork Purposes:

http://policy.ssa.gov/poms.nsf/lnx/0110211610

RM 10211.615 Invalid Nonwork Reasons for SSN Assignment:

http://policy.ssa.gov/poms.nsf/lnx/0110211615

The IRS assigns Individual Taxpayer Identification Numbers to aliens for tax purposes who are not eligible to be assigned an SSN. A Form W-7, “Application for an Individual Taxpayer Identification Number,” needs to be submitted to receive an Individual Taxpayer Identification Number.

You can download a form W-7 from the IRS Web site:

http://www.irs.gov/formspubs/index.html

You can contact the IRS ITIN office by calling 1-800-908-9982.

You can find additional information on the IRS Web site:

http://www.irs.gov/individuals/article/0,,id=96287,00.html

http://www.irs.gov/pub/irs-pdf/p1915.pdf

When am I legally required to provide my Social Security number:

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/78

An individual assigned an SSN based on K-1 status will be issued an SSN card with “VALID FOR WORK ONLY WITH DHS AUTHORIZATION,” printed on the card.

An SSN card having the legend, “VALID FOR WORK ONLY WITH DHS AUTHORIZATION,” only means that the number holder cannot use the SSN card as proof of authorization to work in the United States. It does not otherwise affect the validity of the card or number.

When an individual previously issued an SSN card with “VALID FOR WORK ONLY WITH DHS AUTHORIZATION” printed on it has been granted permanent residency, he or she can apply for a replacement SSN card that reflects the new immigration status.

An alien granted permanent residency status is eligible to be issued an unrestricted SSN card and will retain the originally assigned SSN.

[Darnell 8,478]

Third time's the winner!

Go In Person, nowish.