Frustrated with the process

[emily29 2]

True to the forum - this is certainly "Off Topic." 

My husband and I have been married for 1 month, and we are both somewhat overcome with frustrations about adjustment of status, social security numbers, health insurance, etc.... 

 

As soon as he got to the US, we attempted to get him a social security number, as we were instructed to do. He was denied because, as we were told by the Social Security Office, the DHS never responded to the request. We were unable to try again after that, because we had already gotten married, and his K-1 visa had expired. So now, we are moving through the AOS process, and hoping to get a social security number through the application for employment. 

Yesterday, I was filling out the application for health insurance on the marketplace (since I hold a number of per diem/adjunct positions, and need to seek health insurance there). This brought an additional question - would I be filing jointly for taxes with my new husband? Long story short, it seems that until he gets a social or green card, I am unable to put him on my insurance, and also ineligible for tax credits to lessen the cost of my own health insurance since I'll be filing on my own - even though I'm married. 

 

I guess the purpose of this post is to seek reassurance, or even just express my frustration to a group who might have gone through/be going through similar situations. 

I am trying to remember that regardless of the process and the hoops and the struggles at this point, I am married to the person I have been in love with for the past 10 years. I just wish there was more time to enjoy that fact - because it really is great! 

 

[Chris Duffy 1,256]

Get him an ITIN number, Will that work until he gets a SSN?

[RJandHamid 1,128]

Talk to the insurance providers and see if he can be added without a SSN. I've heard of many who were unable to obtain a SSN were still able to be added to a spouse's insurance plan. 

 

Yes the whole AOS process is incredibility frustrating. We filed for AOS in September and my husband checks the mailbox every day hoping his work authorization will be approved. It make me regret not choosing the spousal visa, so that my husband could have worked and had the green card right away. But you are right though, at least we are together with our loved ones. 

[yuna628 9,537]

41 minutes ago, emily29 said:

True to the forum - this is certainly "Off Topic." 

My husband and I have been married for 1 month, and we are both somewhat overcome with frustrations about adjustment of status, social security numbers, health insurance, etc.... 

 

As soon as he got to the US, we attempted to get him a social security number, as we were instructed to do. He was denied because, as we were told by the Social Security Office, the DHS never responded to the request. We were unable to try again after that, because we had already gotten married, and his K-1 visa had expired. So now, we are moving through the AOS process, and hoping to get a social security number through the application for employment. 

Yesterday, I was filling out the application for health insurance on the marketplace (since I hold a number of per diem/adjunct positions, and need to seek health insurance there). This brought an additional question - would I be filing jointly for taxes with my new husband? Long story short, it seems that until he gets a social or green card, I am unable to put him on my insurance, and also ineligible for tax credits to lessen the cost of my own health insurance since I'll be filing on my own - even though I'm married. 

 

I guess the purpose of this post is to seek reassurance, or even just express my frustration to a group who might have gone through/be going through similar situations. 

I am trying to remember that regardless of the process and the hoops and the struggles at this point, I am married to the person I have been in love with for the past 10 years. I just wish there was more time to enjoy that fact - because it really is great! 

 

Hi there, it seems you encountered some issues immigrants face when they are given misleading info... and it all started likely at the SSA office...

So some questions to find out where that went wrong:

Before you went to the office did you check your I94 to see if you were indeed in the database?

And how soon after your husband arrived, did you go?

Could they not find you in the database so they needed to manually check?

Did they never mention withdrawing an application for an SSN, and starting it again when/if you were sure you were in the database?

Did you ask for a supervisor at any point?

 

The good news is, with an EAD you should be able to try again... so I will very much hope that it arrives for you soon.

 

As for health insurance, this is an issue faced by many immigrant couples when they arrive. The law is that anyone does not need to provide an SSN as a requirement to obtain insurance. If you are denied as such, it is because the employee is not following the law/not aware of the law. The only person that may request an SSN and determine if you have insurance personally is the IRS itself. Now using the exchange complicates matters, as it is a federal type of entity that often demands a level of documentation from immigrants they may not have due to circumstances beyond their control... and the website is unforgiving on that point. You may need to phone someone.... in fact several someones and supervisors to get the right answer. An SSN is not linked to health insurance. Insurances may request it, but you have the right not to comply. I will admit though that when you do have an SSN, it does make things a lot easier, because you don't to expend a lot of effort explaining things to stupid people. It sounds a little harsh... but it's true.

 

I don't see a reason why you could file with your spouse jointly, in fact not filing jointly will likely complicate matters in the future. If you are not getting any sort of savings via tax credits (as the majority of persons actually using the exchange don't), it might be worth your while to seek out health insurance privately and cost compare. Without the feds being convoluted you may actually be able to sign your spouse up to a plan with you and also find the cost, while very expensive is more or less the same. Time starts ticking once you marry, and your spouse absolutely qualifies for healthcare based on marriage under special enrollment (it's currently open enrollment but that will soon end), but that doesn't last long. I actually encourage more couples to try buying private insurance instead of the exchange in the circumstances that a) there's complications or runarounds and b) in the event the exchange will not offer any additional savings for them and may make things more difficult to obtain in the long run.

 

[emily29 2]

9 minutes ago, yuna628 said:

Hi there, it seems you encountered some issues immigrants face when they are given misleading info... and it all started likely at the SSA office...

So some questions to find out where that went wrong:

Before you went to the office did you check your I94 to see if you were indeed in the database?

And how soon after your husband arrived, did you go?

Could they not find you in the database so they needed to manually check?

Did they never mention withdrawing an application for an SSN, and starting it again when/if you were sure you were in the database?

Did you ask for a supervisor at any point?

 

The good news is, with an EAD you should be able to try again... so I will very much hope that it arrives for you soon.

 

As for health insurance, this is an issue faced by many immigrant couples when they arrive. The law is that anyone does not need to provide an SSN as a requirement to obtain insurance. If you are denied as such, it is because the employee is not following the law/not aware of the law. The only person that may request an SSN and determine if you have insurance personally is the IRS itself. Now using the exchange complicates matters, as it is a federal type of entity that often demands a level of documentation from immigrants they may not have due to circumstances beyond their control... and the website is unforgiving on that point. You may need to phone someone.... in fact several someones and supervisors to get the right answer. An SSN is not linked to health insurance. Insurances may request it, but you have the right not to comply. I will admit though that when you do have an SSN, it does make things a lot easier, because you don't to expend a lot of effort explaining things to stupid people. It sounds a little harsh... but it's true.

 

I don't see a reason why you could file with your spouse jointly, in fact not filing jointly will likely complicate matters in the future. If you are not getting any sort of savings via tax credits (as the majority of persons actually using the exchange don't), it might be worth your while to seek out health insurance privately and cost compare. Without the feds being convoluted you may actually be able to sign your spouse up to a plan with you and also find the cost, while very expensive is more or less the same. Time starts ticking once you marry, and your spouse absolutely qualifies for healthcare based on marriage under special enrollment (it's currently open enrollment but that will soon end), but that doesn't last long. I actually encourage more couples to try buying private insurance instead of the exchange in the circumstances that a) there's complications or runarounds and b) in the event the exchange will not offer any additional savings for them and may make things more difficult to obtain in the long run.

 

Thank you for all of this information! We waited the recommended 2 weeks after his arrival to go to the SSA office - in fact, I think a bit longer (2.5). They never stated that anything was abnormal or missing, but said that we would get a SSN within 4 weeks. After we had waited beyond the 4 week window, we made several calls to the office, and were told that the paperwork was still with the DHS and were addressed in quite a dismissive tone. We were sent the denial more than 2 months after applying - it was actually sent on our wedding day! 

 

Last year, I did receive some tax credit from the exchange, but ultimately, it may be worth it to consider looking at a private insurance plan - as the filing separately will take away the tax credit anyway. I will definitely try to call someone about getting us both covered. The issue there is that I am the sole earner at this point, since we are waiting for the EAD. But hopefully that will not take too long. 

 

I was a bit uncertain about what you mean by filing separately will complicate matters in the future. Do you mean this with regards to health insurance - or taxes? I spoke to the woman who does my taxes, and she had mentioned that she does not believe we can file jointly - should I seek a second opinion on this as well? 

Thanks so much again! 

[acidrain 325]

Sorry to hear of your issues getting your spouse a Social Security Number.

 

It took several months to get my spouse a Social Security Number and he is a US citizen! It was like a Seinfield episode!

 

That agency is run so poorly I could ramble on for hours about them. We had to get a Senator involved in our situation along with the Canadian embassy who gave us a contact. I found trying to deal with the SS office directly was a complete waste of time. I left several messages for the Supervisor to call back but they only called back once with false information. My suggestion if you are in a position to apply is to go to a competent local politician if the SS office does not work out.

[yuna628 9,537]

1 minute ago, emily29 said:

Thank you for all of this information! We waited the recommended 2 weeks after his arrival to go to the SSA office - in fact, I think a bit longer (2.5). They never stated that anything was abnormal or missing, but said that we would get a SSN within 4 weeks. After we had waited beyond the 4 week window, we made several calls to the office, and were told that the paperwork was still with the DHS and were addressed in quite a dismissive tone. We were sent the denial more than 2 months after applying - it was actually sent on our wedding day! 

 

Last year, I did receive some tax credit from the exchange, but ultimately, it may be worth it to consider looking at a private insurance plan - as the filing separately will take away the tax credit anyway. I will definitely try to call someone about getting us both covered. The issue there is that I am the sole earner at this point, since we are waiting for the EAD. But hopefully that will not take too long. 

 

I was a bit uncertain about what you mean by filing separately will complicate matters in the future. Do you mean this with regards to health insurance - or taxes? I spoke to the woman who does my taxes, and she had mentioned that she does not believe we can file jointly - should I seek a second opinion on this as well? 

Thanks so much again! 

Married filing jointly certainly gives you the advantage of providing good documents when you reach the step beyond AOS (ROC). That will certainly be proof of comingling of assets. Why does she feel you cannot file jointly?

Did you look in the I94 database to see if your spouse's last entry is listed?

[emily29 2]

Just now, yuna628 said:

Married filing jointly certainly gives you the advantage of providing good documents when you reach the step beyond AOS (ROC). That will certainly be proof of comingling of assets. Why does she feel you cannot file jointly?

Did you look in the I94 database to see if your spouse's last entry is listed?

Yes - it is listed in the I94 database. She was uncertain because he does not currently have a green card, cannot work, has no social. But I live in a small town, so am also concerned that she possibly has not seen this type of situation. 

[yuna628 9,537]

8 minutes ago, emily29 said:

Yes - it is listed in the I94 database. She was uncertain because he does not currently have a green card, cannot work, has no social. But I live in a small town, so am also concerned that she possibly has not seen this type of situation. 

If push comes to shove an ITIN could be an option to obtain temporarily if a lack of an SSN is a concern. Unless you have a need to file taxes right away, this is done in April right? Not sure how long you have filed your AOS/EAD, but it has been taking 90-120 days or so for an EAD. That should hopefully give you enough time for the SSN to be obtained. Not having a green card and not working doesn't matter either. I would seek out someone that could bring additional knowledge on the subject. If the I94 database was fine... then it seems to me the screwup was at the SSA office entirely. Small town places.... often have no clue. We too live in a tiny town... was shocked the SSA knew how to handle us, but if everything was done correct it literally takes just a few minutes and arrives a week or so later. I'm so sorry.

Edited November 30, 2017 by yuna628

[emily29 2]

Thank you so much for this information. It's been a huge help! Given that timeline, there will hopefully be time for an SSN with the EAD - but what is an ITIN? 

It's certainly been frustrating because things that seem to be givens that follow marriage are suddenly 5 times more work! 

 

[emily29 2]

1 hour ago, yuna628 said:

If push comes to shove an ITIN could be an option to obtain temporarily if a lack of an SSN is a concern. Unless you have a need to file taxes right away, this is done in April right? Not sure how long you have filed your AOS/EAD, but it has been taking 90-120 days or so for an EAD. That should hopefully give you enough time for the SSN to be obtained. Not having a green card and not working doesn't matter either. I would seek out someone that could bring additional knowledge on the subject. If the I94 database was fine... then it seems to me the screwup was at the SSA office entirely. Small town places.... often have no clue. We too live in a tiny town... was shocked the SSA knew how to handle us, but if everything was done correct it literally takes just a few minutes and arrives a week or so later. I'm so sorry.

So! I just called H&R Block - and they were a bit more familiar with this type of situation and said that I should have the SSN in time, and if not, there would still be options for filing jointly. I updated my application for insurance, and it seems that once I said we plan to file jointly, he is eligible for coverage! 

Feeling much better about things! Thanks! 

[yuna628 9,537]

1 hour ago, emily29 said:

Thank you so much for this information. It's been a huge help! Given that timeline, there will hopefully be time for an SSN with the EAD - but what is an ITIN? 

It's certainly been frustrating because things that seem to be givens that follow marriage are suddenly 5 times more work! 

 

An ITIN is an Individual Taxpayer Identification Number... kind of like an SSN that people can get if for some reason you have trouble obtaining an SSN or in cases where one cannot be obtained due to eligibility reasons. But unlike an SSN, it doesn't have much value beyond stuff involving the IRS, and it's not a number that you can use to work with either.

30 minutes ago, emily29 said:

So! I just called H&R Block - and they were a bit more familiar with this type of situation and said that I should have the SSN in time, and if not, there would still be options for filing jointly. I updated my application for insurance, and it seems that once I said we plan to file jointly, he is eligible for coverage! 

Feeling much better about things! Thanks! 

Glad that helped.

[TBoneTX 43,336]

Thread is moved from Off Topic to the Moving to the US forum, where similar topics are discussed.