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Theboz

Denied SSN

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Filed: K-1 Visa Country: Malaysia
Timeline

My Fiancée(wife) came over on a K1 visa and we were married about 4 weeks after she arrived. We went to the SSN because they said she was married and was no longer k1 and now they say we must wait for AOS before we can get SSN.

Is this correct? They said she could have received one before she was married, but now we must wait. This does not sound correct to me.

John and Anya

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My Fiancée(wife) came over on a K1 visa and we were married about 4 weeks after she arrived. We went to the SSN because they said she was married and was no longer k1 and now they say we must wait for AOS before we can get SSN.

Is this correct? They said she could have received one before she was married, but now we must wait. This does not sound correct to me.

John and Anya

It depends on state. My friend got SSN after got married with her married name on it and no problem whatsoever. But a K-1 visa holder entitled to get SSN and only bring I-94 and passport with visa on it. I got mine before married with maiden name on it.


Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

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Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to Social Security Numbers, from K-1 Fiance(e) Visa Process & Procedures~~


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Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: K-1 Visa Country: Philippines
Timeline

She would have had to apply for a SSN before her I-94 expired and before she was married (at least in NJ).

Since she is married now, she needs to wait for her EAD card. Once she has the card in hand, bring that along with your marriage certificate and her passport down to your local SS office and apply.

Like I said, I'm from New Jersey, other states may have different policies.

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Filed: K-1 Visa Country: Malaysia
Timeline

It should not mater from what state we apply, its not a state issued agency, its federal.

In the denial letter they gave, they listed the reason as

No proof of US citizenship or lawful aliean status.

So I tried to tell them she is here on a k1 and we are still within our 90 days. She arrived sept 12, we were married October 10th. They saw her passport, they never checked there system. She is here lawfully.

Tomorrow we are going back and to ask for an SSN under her maiden name, then we will just ask for an he name change at a later date, I guess.

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Filed: AOS (apr) Country: Argentina
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It should not mater from what state we apply, its not a state issued agency, its federal.

In the denial letter they gave, they listed the reason as

No proof of US citizenship or lawful aliean status.

So I tried to tell them she is here on a k1 and we are still within our 90 days. She arrived sept 12, we were married October 10th. They saw her passport, they never checked there system. She is here lawfully.

Tomorrow we are going back and to ask for an SSN under her maiden name, then we will just ask for an he name change at a later date, I guess.

This is a typically headache with the SSA agents and K1 visas. The "state" doesn't matter, the only "variables" are how well the "brilliant" agents know their SSA laws... which is not very well sometimes. SSA is a federal agency and not subject to state laws and regulations.

Your wife is most definitely entitled to a SSN. K1 visa holders are entitled to a SSN as soon as they set foot. Many SSA agents get confused at the fact that once the K1 visa holders are married that their status somehow miraculously changes. It does not. The name change is a PITA because your wife will be in their system under her maiden name.

Print this page out: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530 and bring it with you next time as per the source below:

As a K-1 Visa Holder you are eligible to receive a SSN upon producing a valid I-94 (unexpired). Do

not wait until you only have a few weeks left until your I-94 expires to file for a SSN. Many SSA

offices will not allow you to file for a SSN if your I-94 is about to expire (generally 14 days prior

to the expiration on your I-94). On the other hand, you should also not file for a SSN too soon either.

You should wait 2 weeks after you arrived in the US before applying for a SSN. If you go too soon your

record of arrival will not be in the SAVE-ASVI system yet, and it will require manual verification from the

USCIS. As this will add weeks to the period it takes to process the SSN, it is advisable to attempt to wait the two weeks to be safe. If you have waited the 2 weeks and they tell you they can not verify you arrival record via the SAVE database, you may allow them to to process it (but remember the potential delay for manual verifications). You can ask if they will check the computer again for you in a few days or return personally to have them look again -- thus eliminating the manual verification. The manual verification will require the SSA office to file a G-845 with the USCIS.

To apply for a SSN you will need to go to your local SSA office and bring the documents below. These

documents are proof of your eligibility to file for a SSN:

1. The SS-5 form you downloaded and filled out (they have some at the office if you forget).

2. your Passport (with the K-1 Visa in it)

3. your valid I-94: Electronic I-94 Copy; or (for older entries) an original (and bring a front/backside copy) of a valid paper I-94

4. another form of valid ID (as defined in the SS-5 instructions)

5. You should also bring the document RM 10211.530 that you printed out

Make sure to bring all the documents above because some offices have staff that are not aware

that a K-1 Visa Holder is eligible to file for a SSN. A friendly reminder is a nice thing to have -- if not

you could be turned away incorrectly.

Once you have successfully applied for your SSN, the SSN card will come in the mail in about 2 weeks. You can check on the status of the SSN application and/or often get the SSN in advance by returning in person (try calling) to the SSA office. If you need your SSN before it arrives in the mail you may ask them for an SSA-7028, Notice to Third Party of Social Security Number Assignments, to be sent to your employer or other interested third party once a SSN has been assigned. Your card, when you receive it, will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION" indicating to an employer that you must also have an unexpired EAD to be eligible to work

[source]

Edited by d3adc0d3

~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

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It should not mater from what state we apply, its not a state issued agency, its federal.

In the denial letter they gave, they listed the reason as

No proof of US citizenship or lawful aliean status.

So I tried to tell them she is here on a k1 and we are still within our 90 days. She arrived sept 12, we were married October 10th. They saw her passport, they never checked there system. She is here lawfully.

Tomorrow we are going back and to ask for an SSN under her maiden name, then we will just ask for an he name change at a later date, I guess.

Not all federal government employees for instance SSA employees know the rule. I went to SSA office and the lady with whom I dealt with did not know anything about K-1 visa. Though it is federal rules but in some states many of SSA employees have no clue what they will have to do especially for some certain visas like K-1.


Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

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Filed: K-1 Visa Country: Malaysia
Timeline

Thank you all that have replied.

Tomorrow we will have a print out of everything we have found in this thread and hopefully they will learn that a k1 does not become a k3 after marriage, like they told us today. And hopefully this will help future k1's that come to the Elgin office for their SSN.

John and Anya

Edited by Theboz

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Filed: K-1 Visa Country: Philippines
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Theboz,

This is exactly correct!

We went through the same thing! When my now wife, came here she was her maiden name, under her I-94 which is good for 90 days.

We waited until we were married then went to SS office. There was no record of my wife with her married name. We had to wait until she got her EAD/AP card, and then we got her SS card in a couple of weeks!

I have said here many times.,.,.,.,.as soon as you un-pack, go to SS office and get your card on your maiden name before you are married, then.,,.,.after you are married, get a name change, with your "certified" marriage license!

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It shouldn't be surprising to anyone here how idiotic government officials are most of the time. You just have to go prepared and explain to them what is what, with proof so they won't think you're making it up. I've had my share of headaches with the SSA and they don't know what they're talking about half the time.

Edited by Ian H.

This does not constitute legal advice.

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Filed: K-1 Visa Country: Malaysia
Timeline

Theboz,

This is exactly correct!

We went through the same thing! When my now wife, came here she was her maiden name, under her I-94 which is good for 90 days.

We waited until we were married then went to SS office. There was no record of my wife with her married name. We had to wait until she got her EAD/AP card, and then we got her SS card in a couple of weeks!

I have said here many times.,.,.,.,.as soon as you un-pack, go to SS office and get your card on your maiden name before you are married, then.,,.,.after you are married, get a name change, with your "certified" marriage license

That's not Correct and it really does not make sense when you think about it.

So, if this was correct then a man migrating to the US to marry a female could in reality go to the SSN and get a number at anytime, before or after marriage, since he does not change his name. It should be the same for a women. It should not matter if she changed her name or not and in fact, every document we had had her name as it appeared on her I-94, including our wedding cert. the only place we had had her married name was on the SSN form to get a SSN card.

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Filed: Citizen (pnd) Country: Canada
Timeline

It shouldn't be surprising to anyone here how idiotic government officials are most of the time. You just have to go prepared and explain to them what is what, with proof so they won't think you're making it up. I've had my share of headaches with the SSA and they don't know what they're talking about half the time.

I think this is prudent advice any time you're interacting with government representatives for ANYTHING related to your immigration status. Even the CBP officers at my usual land crossing had no idea what my EAD/AP combo card was when I reentered the US a few weeks ago. I was glad I brought the sheet of paper that came with it explaining what it was and how to use it.

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Filed: AOS (apr) Country: Argentina
Timeline

That's not Correct and it really does not make sense when you think about it.

PSH! You want Government officials to have LOGIC? How dare you! They were not issued common sense and logic, no training in it either! You can't expect them to know how to do their job properly, that's just being greedy.


~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

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