Confusion about SSN & K-1, Got Denied

[Moomin 292]

Wow.. They really messed the situation up, huh. the i-94 is valid for 90 days, period. SSA people have no knowledge about immigration(at least not down to the details of the K1), and the CBP officer didn't seem to know much either, taking an SSA employee's word for it.

Anyways, the i-94 determines lawful stay. SSA does use it as a reference because they have to check if you're eligible to get ssn. Marriage or not, it's the immigration status(i-94) which determines it, not your marital status and again, that's where they messed up. I would've advise to get ssn in maiden name first, then get married and then go to change name on ssn after marriage because it seems as if there's less hassle that way. Too late though, I don't blame you because you did the right thing, just talked to the wrong people.

Anyways if possible, the first time they determined your wife was ineligible to receive ssn, they usually will give you a letter saying why she's ineligible, and(at least in my state) that letter can be used to get a state-ID/open bank account with. BUt if it states that she is eligible but (insert a reason here), then it can't be used for anything.

--

No biggie though, submit AOS in married name. When receiving NOA1 hardcopis, see if they used the married name. Even though you submitted cert. copy of marriage certificate with the AOS, bring a copy of the marriage certificate with you and make sure it's in the married name. When receiving EAD, take that with you to the SSA. The social security card will say "valid only with dhs authorization" and EAD is exactly that; DHS authorization which makes your wife eligible for SSN. Voila. Sorry about the wait though.

[Mike B. 231]

My point is the K1 is expired (as I said a one time entry visa). The K1 gives you the right to stay for 90 days, and when I entered the I-94 matched those 90 days. Marriage doesn't make the I94 invalid, but the I94 only gives you the right to be in the country. It does not imply a legal status (I am referring to a Visa). Once married, technically you have fulfilled the requirements of your visa (get married within 90 days). So the I94 simply allows you permission to stay in the country up to 90 days. When applying for the SSN you are supposed to check off "Legal Alien allowed to work". The I94 has nothing to do with that, the K1 visa does.

When I applied for the SSN they looked at my K1, not my I-94. As I said before the I94 is simply a record of arrival/departure.

Still, I could be completely wrong. Although, I think that if the valid K1/I94 were not required then they should have been able to process my name change for me, especially since I already had a SSN in the first place.

The K-1 being expired is immaterial, as it expired the moment his wife got through CBP at the airport. The I-94 is proof of her legal status in the United States. It is not simply a record that indicates that she entered the US at some point.

If I were the OP, here is what I'd do: I'd print out the page on ssa.gov that mentions the regulation that people with an I-94 based on a K-1 can receive a SSN. Then I'd go to the SSA, show them that page, and then show them that the woman has a valid I-94 issued to her based upon her K-1 visa. Then I'd tell them that as they can plainly see, the law stipulates that she can get a SSN.

Now, it's possible that the SSA worker will say "Ah, but this I-94 was extended in a manner that does not seem to conform to my understanding of the Immigration and Nationality Act, and thus is void. You have to wait until you receive your permanent residence." And if they say that, fine, suck it up and wait. But I think it's also possible that the mindless SSA drone will just shrug, sign on the dotted line, and tell you to expect your card in the mail in a couple weeks. To my mind, at least, there doesn't seem to be any downside other than lost time in going back there and arguing her case as much as possible, since they screwed it all up to begin with.

[milimelo 4,205]

Moving to the forum specifically dealing with SSNs.

[Darnell 8,478]

I should add on the i-94, on the back the USCIS official added the following words:

"Extension of K-1 visa status granted until October 12, 2012 per USCIS, *Contact info*"

Then I think you have a chance.

Find the SSN section of the guides here.

READ IT.

PRINT OUT THE CONTENT of the SSA and USCIS links there.

TAKE THOSE PAGES WITH YOU.

then get a supervisor at the SSA office.

and have that human do a look up in SAVE on BOTH the VISA NAME and VISA NUMBER.

If you are not found in those two SAVE DATABASE LOOKUPS at the SSA OFFICE,

stop. WITHDRAW YOUR SSA APPLICATION from the hands of the supervisor, and get back to the CBP office, as you have a problem with the SAVE database, either a typo or a transposed digit. CBP needs to fix it (again).

Sorry yer having trouble.

[Darnell 8,478]

We did, but they replied it was still processing by USCIS and that it could take up to two months to get a reply.

FWFIW, this is 'normal SSA idiocy' . Sorry.

Mostly, you got the USCIS verification leg because of a poorly trained SSA human - they not know to look up in SAVE database by Visa Number, and were clueless on how to look up by VISA NAME.

I think it's worth getting back there, getting a supervisor, and explaining all, then asking for 'another go' into a SAVE DATABASE LOOKUP, as the first lookup, done months ago, was messed up by the human that did it. CBP extended your dates, so yer valid to apply.

[Enigma11561 336]

Your SSA office is out to lunch. As others have stated up thread the K1 is void after entry to the US. The I94 gives you legal status for 90 days to get married.Once married the I94 is no longer relevant.

My wife got her first SSN under her maiden name about 2-3 weeks after arriving. Then a new updated one after we were married, under her married name. Both said she could not work until she was approved by DHS ( received her EAD). Once she got her EAD, she could work regardless of what was on her SS card. After she got her Green Card, we went back to the SS office and had that statement removed.

[Harsh_77 716]

Hey VJ'ers!

First of all, thanks for this great forum! I've found all sorts of useful information on this site .

Here's the situation, i'll lay it all down in a story so it will be easier to understand.

My Wife (Was fiance back at this time) entered the U.S. on a k-1 visa on 5/15 of this year. We got married on 5/30 and applied for a SSN on 6/13 of this year. We were told it would take a few weeks up to two months to receive the card.

Okay, so we wait and wait and eventually on 8/10 we get a mail that says that they could not issue a SSN card before her legal status expired, and also they were unable to verify her legal status in the U.S.

So, we go back to the S.S.A, and tell them that we need to apply again, they tell us that my wife's i-94 is going to expire (on 8/12) so they cannot issue, they told us to go to homeland security to get the i-94 extended and then re-apply for the SSN.

Today, we went to homeland security, and the person helping us thought it was a bit strange it took them this long to the point they denied us. He wrote on the back of my wife's i-94 saying the visa would be extended another 90 days until October.

So we went back to the SSA with the i-94 extended, and a different person told us that, my wife cannot get a SSA because we are married and that invalidates the k-1, also the i-94 being extended she said she had never seen that before and it does not work. She said we would have to wait until her status changes either via EAD or green card (We have applied for both already, but who knows how long it will take.) to apply for an SSN.

I'm just a bit confused with the procedures, I thought we had done everything according to rule, but we were struck with some bad luck instead. .

Also what's the incentive to hurry and get married (The immigration officer warned us to get married quickly or my wife would be illegally here) when we should in fact NOT get married first and apply for SSN?

Thanks VJ'ers! Sorry if I came off as annoyed or aggravated, it should be directed towards the SSA

Thanks!

I am really really surprised for the fact the person at SSA really knows what they are talking about.

1. K1 is always 90 days I have never heard of K1 getting extended.

2. Visa does not just get extended by someone just writing on back of I-94.

3. You have 90 days to get married once your fiancé enters into US.

4. At this point your wife is waiting for AOS, once she gets a new status she would be eligible for the SSN.

[YJPlove 3]

Your marriage makes the extension of your I-94 unnecessary.You should have applied for SSN at least 14 days from POE, then got married, then go back to SS office to change maiden name to married name if preferred.All should be done prior to I-94 expiring and in order. We did this and we got no problem whatsoever. Sad to say but SS won't make changes on your SSN when they'll see that you got married first prior to filing SSN. I read a lot of same cases here on VJ.You'll be able to change things when you will have you green card approved if I'm not mistaken.

Edited August 15, 2012 by YJPlove

[dstrausser83 14]

CC,

It appears you did exactly what we did, except your wife didn't get a SSC. My wife got her SSC prior to us getting married using her maiden name. (as she and I agree that it is her choice as what name she prefers to use, irrelevant as far as SS office is concerned). We had no problem, so it is not anything you have done wrong at first glance. Maybe just a huge glitch with SS office and/or worker etc....

The good news is that it really doesn't matter at this point whether she has a SSC or not. She can't work until EAD approved.

Once you file for AOS/EAD/AP and she receives her EAD/AP combo card, then she can go back to the SS office and apply then.

This whole process is incongruent in many ways. You have yet pointed out another. When we entered on K1, they stamped her I-94 that she had employment authorization and she asked the CBP officer if that meant she could work and he said yes.

Of course, he was wrong. But it took me forever to convince her otherwise. (Her belief in an US official was infallible at the time).

Anyhow, sorry for that ramble, I just wanted to point out another "boo boo" with the system.

We never encountered a use for the SS card until she had her EAD and applied for a job.

Sorry for your troubles.

A main use of the SSN would be to the start of establishing credit since she is a new immigrant from day 1. In my eyes. We plan on buying a house within 2 or 3 years. My credit is mixed... it would be a whole lot easier for us to get her score up to the 700's+ than it would be for me to get mine since I'm in the low 6's. Waiting for the EAD would just delay the situation.

[Andrea&Henry 311]

I webt through a similar situation cause my i94 was about to expire. Dont worry, wait for her to get her EAD, and they will issued it.

[MyJourney1 15]

Hey VJ'ers!

First of all, thanks for this great forum! I've found all sorts of useful information on this site .

Here's the situation, i'll lay it all down in a story so it will be easier to understand.

My Wife (Was fiance back at this time) entered the U.S. on a k-1 visa on 5/15 of this year. We got married on 5/30 and applied for a SSN on 6/13 of this year. We were told it would take a few weeks up to two months to receive the card.

Okay, so we wait and wait and eventually on 8/10 we get a mail that says that they could not issue a SSN card before her legal status expired, and also they were unable to verify her legal status in the U.S.

So, we go back to the S.S.A, and tell them that we need to apply again, they tell us that my wife's i-94 is going to expire (on 8/12) so they cannot issue, they told us to go to homeland security to get the i-94 extended and then re-apply for the SSN.

Today, we went to homeland security, and the person helping us thought it was a bit strange it took them this long to the point they denied us. He wrote on the back of my wife's i-94 saying the visa would be extended another 90 days until October.

So we went back to the SSA with the i-94 extended, and a different person told us that, my wife cannot get a SSA because we are married and that invalidates the k-1, also the i-94 being extended she said she had never seen that before and it does not work. She said we would have to wait until her status changes either via EAD or green card (We have applied for both already, but who knows how long it will take.) to apply for an SSN.

I'm just a bit confused with the procedures, I thought we had done everything according to rule, but we were struck with some bad luck instead. .

Also what's the incentive to hurry and get married (The immigration officer warned us to get married quickly or my wife would be illegally here) when we should in fact NOT get married first and apply for SSN?

Thanks VJ'ers! Sorry if I came off as annoyed or aggravated, it should be directed towards the SSA

Thanks!

Check your Email.

[F & J 21]

Then I think you have a chance.

Find the SSN section of the guides here.

READ IT.

PRINT OUT THE CONTENT of the SSA and USCIS links there.

TAKE THOSE PAGES WITH YOU.

then get a supervisor at the SSA office.

and have that human do a look up in SAVE on BOTH the VISA NAME and VISA NUMBER.

If you are not found in those two SAVE DATABASE LOOKUPS at the SSA OFFICE,

stop. WITHDRAW YOUR SSA APPLICATION from the hands of the supervisor, and get back to the CBP office, as you have a problem with the SAVE database, either a typo or a transposed digit. CBP needs to fix it (again).

Sorry yer having trouble.

Darnell is right!!! The best thing to do is have an actual human look up your visa name and number. When we first applied for my SSN (in my maiden name as this was before we got married - we weren't sure if we needed a SSN to get married so we applied for it just in case), we brought a copy of the POMS Section RM 00203.500 Employment Authorization for Nonimmigrants (particularly the part "Aliens Work Authorized Without Specific DHS Authorization" that lists the K-1).

We had a similar problem with the SAVE (Systematic Alien Verification for Entitlements Program) check but this was when we were trying to change my last name to my married name. We had to schedule an InfoPass appointment with USCIS and asked them to change my last name in their system so that when the SSA office ran the SAVE check, my name would match and they could issue a new card.

[Loida and Ed 11]

great info all Thanks

Oh, glad you can in your state. Ga changed the laws on getting driver's license for non-US citizen.... She had to have her EAD to show legal status along with SS card and her valid passport.. I guess Ga is a little more paranoid.

Edit: for those making confused comments about getting SS card process read section for K1 visa holders

[LinaMD 8]

Yep, same thing happened to me. I applied with my K1, they couldnt verify it with DHS system. Did a manual verification which took two months and by that time I had less than 12 days before my I94 expired. Went back with my EAD that had my married name on it - no problem. Got my SSN in a matter of days. Went back a few months later to update it with my green card that also has my married name on.... couldn't verify it! Had to wait anither month to get my new card. To this day I have no explanation why this happened.

[KayDeeCee 4,891]

Your SSA office is out to lunch. As others have stated up thread the K1 is void after entry to the US. The I94 gives you legal status for 90 days to get married.Once married the I94 is no longer relevant.

My wife got her first SSN under her maiden name about 2-3 weeks after arriving. Then a new updated one after we were married, under her married name. Both said she could not work until she was approved by DHS ( received her EAD). Once she got her EAD, she could work regardless of what was on her SS card. After she got her Green Card, we went back to the SS office and had that statement removed.

The I-94 is still relevant, even after you marry. Your status is based on the I-94, before and after you marry. If you arrive on a K-1 and get married 5 days after arriving, you can still go to the SSA and apply for your SSN after waiting the recommended 2 weeks. Getting the SSN would still be based on the validity of the I-94. You should be able to show your marriage certificate if you took another name and have the SSN issued in the married name.

The problem that can sometime arise is not that getting married makes the I-94 irrelevant, because it doesn't. The problem is the people that work at the SSA do not know the rules of immigration and how that goes along with issuing an SSN. They get it wrong too often and try and state that getting married means the K-1 or the I-94 is no longer valid and sometimes even tell people they need to get a spousal K-3 visa now. We all know that is absurd and incorrect, but apparently some folks at the SSA do not care to learn the important rules and aspects of their job.

It is recommended to get the SSN before marriage for the simple fact that sometimes the workers at the SSA have no clue what they are doing. Hell, even when you go before getting married they can try and insist you cannot get an SSN with a K-1. Someone needs to train the SSA staff better. That is all.

Since the SSA messes up and turns people away or makes them wait until there is no time left on the I-94, lots of people have to wait for their EAD and apply for the SSN based on the EAD instead of the I-94. It is a bad deal for them, as they were definitely eligible for the SSN, before they married or after, so long as their I-94 was still valid. It is what it is, and it is a pain and a mess sometimes.