SSN denied (K1 after marriage)

[Valeri 0]

Hello, I applied for the SSN in December after we got married. Everything went well and they told me to wait for the card in my mail or come back to the office in 4 weeks. I didn't get the card so I went to the office 2 days ago and they told me that they can't issue it because of USCIS and I need to call them or go there. I tried to go there and they said I need to book an appointment after that I called to USCIS waited for 45 minutes and the lady there said that she doesn't have any information and I need to talk to somebody who knows more but she can't transfer me to another person because it's too late. I called the next day and another lady on the phone said I don't qualify for the SSN and I can't get an appointment in the office. I called again and one more lady said she will transfer me to somebody higher and maybe they can give me more information but from what they have K1 can't obtain SSN. And that level 2 of USCIS who has more information is too busy and I need to wait over 1080 minutes to get in touch with them. So I don't know what to do. Any advices? Thank you.

[SorrowL 138]

Generally to be issued a Social Security Number, you need to have permission to work in the United States. Your K-1 status is a non-immigrant adjustable status. The K1 does not allow you to work. Once you file for an EAD and get approved by the DHS, you can then get a social security number. Once your status adjustment is approved, you can accomplish the SSN with your LPR card.

Edited January 19, 2020 by SorrowL

[DaveAndAnastasia 2,078]

On 1/19/2020 at 9:03 AM, SorrowL said:

Generally to be issued a Social Security Number, you need to have permission to work in the United States. Your K-1 status is a non-immigrant adjustable status. The K1 does not allow you to work.

For SSA purposes, a K-1 recipient is a "legal alien allowed to work" because they are legally allowed to apply for an EAD off of the K-1 (rather than off of AOS); it just takes longer than 90 days to get it, so there's no point in applying for that EAD.

 

Hence my wife was able to apply for an SSN two days after POE in March 2019, and got a her card a couple weeks later (albeit with "valid for work only with DHS authorization" on the card).

[Mike E 11,723]

Applying for the SS card after the K-1 fiance(e) gets married is a mistake. It needs to be done prior to marriage and before day 31.

 

[payxibka 10,044]

4 hours ago, Mike E said:

Applying for the SS card after the K-1 fiance(e) gets married is a mistake. It needs to be done prior to marriage and before day 31.

 

Day 75 not 31

[toosweetaggie 31]

We are in the exact same situation. I had all the checklist, but totally missed the step of applying for the SSN when my husband arrived. Mistakes happen, but no assistance is being given through the answers of what happens next. I had a friend in the same situation who applied afterwards and was not denied. So just trying to understand, do we now have to wait until EAD process is complete or green card or what, because without his SSN I can’t even do my taxes. I do plan on calling the office on Monday, but if anyone is familiar with this I’m sure myself and original poster will be grateful. Thanks! 

[yuna628 9,527]

1 hour ago, toosweetaggie said:

We are in the exact same situation. I had all the checklist, but totally missed the step of applying for the SSN when my husband arrived. Mistakes happen, but no assistance is being given through the answers of what happens next. I had a friend in the same situation who applied afterwards and was not denied. So just trying to understand, do we now have to wait until EAD process is complete or green card or what, because without his SSN I can’t even do my taxes. I do plan on calling the office on Monday, but if anyone is familiar with this I’m sure myself and original poster will be grateful. Thanks! 

Ultimately you will have to wait until the EAD arrives. If taxes are an issue you may be able to apply for an ITIN.

[toosweetaggie 31]

On 2/1/2020 at 10:25 AM, yuna628 said:

Ultimately you will have to wait until the EAD arrives. If taxes are an issue you may be able to apply for an ITIN.

Thanks!

[sunflower4 8]

On 1/27/2020 at 4:09 PM, Mike E said:

Applying for the SS card after the K-1 fiance(e) gets married is a mistake. It needs to be done prior to marriage and before day 31.

 

It may be easier to apply before marriage, but we applied after marriage and were issued a SS number/card, so it is possible and not a "mistake".

On 1/19/2020 at 12:03 PM, SorrowL said:

Generally to be issued a Social Security Number, you need to have permission to work in the United States. Your K-1 status is a non-immigrant adjustable status. The K1 does not allow you to work. Once you file for an EAD and get approved by the DHS, you can then get a social security number. Once your status adjustment is approved, you can accomplish the SSN with your LPR card.

Per what Dave said, you ARE able to get a SSN/card on K-1 visa and you can check the box that says you are able to work in the US for that application. You do not have to wait for an EAD or green card as long as you get the SSN with just the right timing - a few weeks after arrival when you begin to appear in the SAVE database, and more than 2 weeks before your I-94 expires. The DHS verification process also takes about 4 weeks, so you should go immediately after you appear in SAVE.

 

That being said I am in the same boat to where I did go immediately, I waited 4 weeks and the card didn't come so I went back to SSA and they said the DHS verified OK so I should expect the card in 2 weeks, it still didn't come, and now the I-94 is expired and they refuse to send a replacement card. However I asked the SSA clerk to tell me what his number is at least, and she did, so I can use that on my taxes and other forms. Maybe you can try asking for them to tell you the number if you were already assigned one, even if they can't send you a card.

[NikLR 13,220]

The issue that many women have is they try to get the SSN in married name after marriage. Now they don't match their visa and the SSN is often denied.  

[toosweetaggie 31]

Thanks everyone!! We count our losses, and working on an ITIN. It was soooo much to keep up with and this the only ball dropped along the way. So life goes on. Knowing about the ITIN was helpful and we are doing just that. I was told that number can also be used for a driver’s license and with some banks, thus all is not lost. ☺️

[Valeri 0]

Thank you everyone for your help! So it was time frame in my case. We applied in December and Social Security office started to work on it after holidays in January then it was less than 2 weeks.

[Ryan H 3,790]

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