New Rules Regarding Obtaining SSN (K1)

[Girl from Celebes 588]

Not all federal government employees know the rules. I went to the SSA office and I had to explain about K-1 visa to her. The funny thing was that she asked me if I was working and I told her can't do that until at least have EAD.

[sweet cakes 326]

What do you mark it? In our cases, the beneficiary is a legal alien but not allowed to work yet.

K1 visa holders are to mark Legal Alien allowed to work on the SS-5. Reference here: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

-Although, of course, K1s do have to wait for the EAD before being able to work legally.

Expires in November and she officially changed her last name when we filed for our marriage license.

I was under the impression (based on VJ stories) that applying for ssn before marriage is quasi-redundant since she would have to apply for a new one upon getting a new last name.

Like I said, I can't argue the "new rules" so we'll just apply for gc and go from there.

I don't see any new policy update in the SSA website regarding K1s, so I have a feeling that the SSA clerk you talked to is just making up this "new rules". K1s are still definitely eligible for SSN and marriage does not change this eligibility.

Just curious, did you also bring a filled out SS-5? I also don't see any change in the SS-5 instructions either: http://www.socialsecurity.gov/forms/ss-5.pdf

[templeton 120]

I swear you guys must've gotten the same guy we did.

My husband and I went to the social security office in St. Paul a few weeks ago to change my last name with SSA. We weren't intending to get him a SS number until after he had received his EAD. However after the three hour wait we got this real happy guy. He asked my husband where he was from noticing his accent and said England. And he said "You need social security number?" We explained he was on a K-1 Visa and that we were planning to come back and get him one after getting his EAD in a few months.

And he said "Oh no he can get social security number now!" and practically threw a app and pen at him in a humorous friendly way. He also gave us the impression he could work after getting that SS card. But we knew better. We knew that he CANNOT work until he gets his EAD. We didn't bother arguing though just thankful he was getting a SS card.

When he got the SS card on it it read "For Work only with DHS Authorization" meaning you need your EAD to work.

Also the man who helped us had quite the accent so it was hard to understand a lot of what he said.

Despite staff not knowing how things work, I take comfort knowing that you still got your card/number without issue.

[Marco&Bettina 502]

K1 visa holders are to mark Legal Alien allowed to work on the SS-5. Reference here: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

-Although, of course, K1s do have to wait for the EAD before being able to work legally.

I don't see any new policy update in the SSA website regarding K1s, so I have a feeling that the SSA clerk you talked to is just making up this "new rules". K1s are still definitely eligible for SSN and marriage does not change this eligibility.

Just curious, did you also bring a filled out SS-5? I also don't see any change in the SS-5 instructions either: http://www.socialsecurity.gov/forms/ss-5.pdf

Thanks for clarifying.

[Darnell 8,478]

Expires in November and she officially changed her last name when we filed for our marriage license.

I was under the impression (based on VJ stories) that applying for ssn before marriage is quasi-redundant since she would have to apply for a new one upon getting a new last name.

Like I said, I can't argue the "new rules" so we'll just apply for gc and go from there.

go to a different SSA office,

apply in VISA Name,

ask for A# lookup and VISA Name lookup in the SAVE database.

do not apply in married name, do not mention married,

as

most SSA clerks not receive proper training on this.

The clerk that sent you out was wrong, fwiw.

But - go elsewhere, nowish.

[Sungtory 4]

I suppose we can try our luck at another office this time using her maiden name.

Believe me, I referenced everything I read here and knew the policy front to back in case we get stuck with bad luck (incompetent employee) but they flat out denied us.

Thank you all for sharing.

After getting a K1 visa within 3 months with no RFE, entered without secondary screen and marriage, I knew it was just going wayyyy too smoothly

[Tina and Johan 206]

My husband just got his in the mail last week! He entered the country on July 25th; we were at the SS office on the 28th. Didn't even have a copy of the I94. It took 5 business days to get it in the mail. This was in Santa Barbara, California. All he had with him was his passport. The woman who helped us had access to all she needed in that and the online database. It was a cake walk. I'm sorry you didn't have the same experience. Your person clearly didn't know what he or she was talking about.

Edit to add, we were also married that day, so he was my husband at that point.

Edited August 13, 2014 by Tina and Johan

[Sungtory 4]

K1 visa holders are to mark Legal Alien allowed to work on the SS-5. Reference here: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

-Although, of course, K1s do have to wait for the EAD before being able to work legally.

I don't see any new policy update in the SSA website regarding K1s, so I have a feeling that the SSA clerk you talked to is just making up this "new rules". K1s are still definitely eligible for SSN and marriage does not change this eligibility.

Just curious, did you also bring a filled out SS-5? I also don't see any change in the SS-5 instructions either: http://www.socialsecurity.gov/forms/ss-5.pdf

I couldn't agree more with what fellow Vjers are posting in re "new rules" AKA full of $%@t

Bottom line is that, I brought all the necessary documents which she was required to have 1.k1 visa, 2. certified marriage cert 3. passport 4. valid i-94 but just encountered bad luck (incompetent employee).

I remained calm (since I'm not going anywhere in this "battle") and tried to explain that she IS eligible but the clerk wouldn't even let me finish...even her supervisor/sr employee wouldn't hear me out.

only thing I didn't have is a authorization letter from DHS allowing her to work...which I didn't think it was necessary since so many postings said that k1 holders ARE eligible without it.

[Sungtory 4]

go to a different SSA office,

apply in VISA Name,

ask for A# lookup and VISA Name lookup in the SAVE database.

do not apply in married name, do not mention married,

as

most SSA clerks not receive proper training on this.

The clerk that sent you out was wrong, fwiw.

But - go elsewhere, nowish.

I second your suggestion. I believe my "mistake" was to say that we were married...for the purpose of getting ssn without a hassle I should just fill out the application using her maiden name as it appears on her passport and i-94.

Thank you very much for your input.

[Lights 56]

I would go back...

I got my SSN not too long ago (less than a month). Also, bring the birth certificate (I forgot mine and had to go back).

I went in and explained that I did my POE as a K1 Fiance. We were married and have the marriage certificate. I showed all the same paperwork + my birth certificate. The guy at our service office (Anaheim, Orange County) said that he can put it through but the SSN application may get deleted. I never heard of that either and posted a thread about it... a lot of VJ'ers said that isn't possible. That the department of homeland security and SSN office don't have the same access and one cannot delete an application off another system. I called back and they said to wait the 2-6 weeks. Within 2 weeks my SSN card was sent to my place... no problem.

I'm thinking you got someone who was unaware of the rules. I'd go back.

[nigel78 1]

Apply for ITIN until the green card comes in. They just need proof of marriage (Certified) and a couple forms of id (Certified). Afterwards she will get the ITIN number. This can be used in place of her normal SSN until she is granted a SSN.

ITIN# Is only for tax purposes.... Just been through this working as a Canadian in USA. I obtained a SSN with my TN visa, and on the front of the card :states for work purposes only. You cannot get a SSN without a work visa or green card, unless things have changed from a year ago.

[_Paul&Jesica_ 70]

K1 visa holders are to mark Legal Alien allowed to work on the SS-5. Reference here: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

-Although, of course, K1s do have to wait for the EAD before being able to work legally.

I don't see any new policy update in the SSA website regarding K1s, so I have a feeling that the SSA clerk you talked to is just making up this "new rules". K1s are still definitely eligible for SSN and marriage does not change this eligibility.

Just curious, did you also bring a filled out SS-5? I also don't see any change in the SS-5 instructions either: http://www.socialsecurity.gov/forms/ss-5.pdf

We are going tomorrow to apply for an SSN. We are getting married on Monday, so wanted to do this while her names matched everything. I will update with how it went.

[DJ&L 83]

I swear you guys must've gotten the same guy we did.

My husband and I went to the social security office in St. Paul a few weeks ago to change my last name with SSA. We weren't intending to get him a SS number until after he had received his EAD. However after the three hour wait we got this real happy guy. He asked my husband where he was from noticing his accent and said England. And he said "You need social security number?" We explained he was on a K-1 Visa and that we were planning to come back and get him one after getting his EAD in a few months.

And he said "Oh no he can get social security number now!" and practically threw a app and pen at him in a humorous friendly way. He also gave us the impression he could work after getting that SS card. But we knew better. We knew that he CANNOT work until he gets his EAD. We didn't bother arguing though just thankful he was getting a SS card.

When he got the SS card on it it read "For Work only with DHS Authorization" meaning you need your EAD to work.

Also the man who helped us had quite the accent so it was hard to understand a lot of what he said.

Minnesota Nice!

[ryna 132]

ITIN# Is only for tax purposes.... Just been through this working as a Canadian in USA. I obtained a SSN with my TN visa, and on the front of the card :states for work purposes only. You cannot get a SSN without a work visa or green card, unless things have changed from a year ago.

K-1 visa holders have always been eligble for SSN. The problem is that the SSA can only issue a SSN/card in the name as it appears in the SAVE database which, until any name change (e.g., married name) has been processed by USCIS when they approve the EAD or GC, the SSA can only go by the maiden name as it appears on the K-1's passport/visa and the I-94 which are all obviously issued in the maiden name. When a name change is required and you want the SSN before the EAD/GC arrives, getting the "final" SS card in the married name is a two-step process - get the number issued in the maiden name then return with EAD/GC and marriage certificate to have a new SS card issued. I'm not certain, but the marriage certificate might not even be necessary because USCIS has already used it as the basis to issue the EAD/GC in the married name but it can't hurt to take it to the SSA office just in case.

Edited August 13, 2014 by ryna

[Hypnos 6,576]

No new rules, you just got fed a line.