New wife who came on K1 visa can't get health insurance b/c of no SSN?

[SalishSea 16,770]

Just now, Bjh said:

Why would it be a pickle having already married?

 

Also, would it be a hindrance to getting her AOS approved?

No hindrance to AOS.

 

It is more complicated to get an SSN after marriage.  VJ is full of stories of this, which is why the recommendation is to apply for one after POE and before marriage.  

[Marieke H 2,303]

4 hours ago, Bjh said:

Not yet, I want to show that she's on my health care plan before applying for the SSN or AOS

Please don't wait to "create" more evidence before filing for her AOS, EAD and AP. It sounds like you already have some evidence you can submit, and you can bring more to the interview.

 

USCIS understands that newlyweds don't have a lot of financial comingling yet. We did not send any evidence besides the marriage certificate, because we simply didn't have any evidence yet. We brought bank statements of our joint account and our health insurance policy through my employer (I received my EAD 6 weeks before the AOS interview, and had just started at my new job when we were interviewed) to the interview. 

 

The sooner you file, the sooner she'll be able to work, travel and, in some states, drive. Believe me, the wait for EAD/AP is very difficult, frustrating and depressing, sitting at home in a new country after leaving everything and everyone you know; don't make it any longer than it has to be. You'll have plenty of time to get everything else sorted while you wait, and you can just bring more evidence to the interview. 

[Teacake 76]

35 minutes ago, Marieke H said:

Please don't wait to "create" more evidence before filing for her AOS, EAD and AP. It sounds like you already have some evidence you can submit, and you can bring more to the interview.

 

USCIS understands that newlyweds don't have a lot of financial comingling yet. We did not send any evidence besides the marriage certificate, because we simply didn't have any evidence yet. We brought bank statements of our joint account and our health insurance policy through my employer (I received my EAD 6 weeks before the AOS interview, and had just started at my new job when we were interviewed) to the interview. 

 

The sooner you file, the sooner she'll be able to work, travel and, in some states, drive. Believe me, the wait for EAD/AP is very difficult, frustrating and depressing, sitting at home in a new country after leaving everything and everyone you know; don't make it any longer than it has to be. You'll have plenty of time to get everything else sorted while you wait, and you can just bring more evidence to the interview. 

This is so important to keep in mind as well. The transition can be incredibly isolating and depressing. This is what I and a few others have experienced, anyway. For the sake of your wife’s livelihood, getting the ball moving sooner rather than later should be a big priority.

 

We also sent in very little evidence with our packet, save for a copy of our marriage certificate, but brought things to the interview and were approved just fine.

[geowrian 22,335]

5 hours ago, Bjh said:

Not yet, I want to show that she's on my health care plan before applying for the SSN or AOS

Not sure why health care coverage would have anything to do with an SSN.

 

4 hours ago, Bjh said:

Ok...I have to send in the form I-765, authorization for work right? K-1 doesn't give someone the ability to work in the US AFAIK.

An SSN alone does not grant the ability to work either.

[aratamorne 164]

You should have your HR manager push the coverage request in.  My wife did not need a SSN, the health care company just had us use all nines as a SSN for place holder.  All that is required is a qualifying event, which marriage is. 

 

We never even got her a SSN until after she received her EAD,  I make sufficient to support us so she has not worked.

Edited February 9, 2020 by aratamorne

[yuna628 9,528]

OP:

 

You do not need an SSN to have health insurance by LAW. It doesn't matter if they keep saying it, you're going to have to do the detective work and push the issue. Either someone is too stupid to know or their being intentionally dishonest.

 

Unfortunately, it appears you waited to obtain the SSN in the first place and you still haven't filed AOS? Likely you've waited too long to obtain the SSN, so you're going to have to wait until you file the AOS with EAD + AP. Once the EAD arrives go to the SSA office, and get the card. When the green card arrives, go back and take the restriction off the card.

 

K1s can go into the SSA office and obtain the card before marriage and before AOS. Wait too long though and your eligibility window closes. You do not need work authorization for a card, but you need work authorization to use it to work (thus once you get the EAD you've got your proof).

[zilchfox 296]

Technically, K1s can apply for an EAD right away after POE, however one of two things will happen:

- The EAD received will expire the same day the K1 visa itself expires (90 days after entering the US), which would make it useless to even bother trying for since by the time you find a job, your EAD would be expired and you can't work anyways.

- The EAD application wait time will often exceed the 90 day limit of the K1 anyways, which would result in it's eventual denial.

 

Anyways, a K1 CAN apply for an SSN right away, however they will receive a special SSN card that states "Work Authorization with DHS approval" on it, which means they can't use it with employers without an EAD card, however everything else (bank account, health insurance, etc.) is no problem– but they can only get the SSN if done within the 90 day limit of the K1. If you're already passed that, it's too late and will have to wait for AOS to be approved and green card in hand first.

 

Source: I actually got my first SSN while still within my K1 window. I eventually had the card updated to remove the "Work authorization with DHS approval" wording on the card when I got my green card, but it had the same SSN number on it otherwise, and that is now my new permanent SSN card to have for the rest of my life, even once I become a U.S. citizen, hopefully later this year.

Edited February 9, 2020 by zilchfox

[jaysaldi 209]

1 hour ago, yuna628 said:

 

 

Unfortunately, it appears you waited to obtain the SSN in the first place and you still haven't filed AOS? Likely you've waited too long to obtain the SSN, so you're going to have to wait until you file the AOS with EAD + AP. Once the EAD arrives go to the SSA office, and get the card. When the green card arrives, go back and take the restriction off the card.

 

 

According to the timeline, she only entered the USA 35 days ago.

 

OP,  you can apply for her SSN within 76 days of her arrival in the USA.  However, there are often delays in the social security administration verifying a new immigrant with DHS, and that can chew up a few weeks, and if that verification doesn't happen within the 76 days, then they won't process her card.

 

I recommend going to the SSA office as soon as possible and applying for her card in her maiden name. Bring her passport, her birth certificate, and a printed copy of her I-94 that you can get online.  don't mention that you have married already.  I'm not suggesting that you lie, I'm just saying don't bring it up unless asked. Some staff at SSA have been known to say "K-1 visa holders can't get SSNs" (this is false). Others have been known to say "OK, K-1 visa holders can't get SSNs can get SSNs, but not if they are already married"

 

The reason why you want her to apply for the card in her maiden name is that you can then avoid discussing the marriage and there's a chance they can instantly verify her her status with DHS.   If she applies for the SSN under her new (married) name, a name that's different from her I-94, then it can take much longer for DHS to verify her.  It's better for her to apply now under her maiden name and then do a name change after she gets the card.

 

You don't NEED the SSN to get health insurance, but it makes it a lot easier. It also makes it a lot easier for her to get a driver's license or state ID card so she doesn't have to carry her passport around.  And easier to open bank accounts, build credit, add her name to utilities, etc.

Do not wait to apply for her SSN, if you wait much longer you run the risk of being too late and then you have to wait for her green card.

Do not wait to apply for her AoS. Apply for AoS and Advance Parole and EAD under her married name. The "show us evidence you're a couple" part of AoS occurs at the interview many months from now, not at the time of AoS filing.  The sooner you apply for AoS, the faster she can get an EAD, Advance Parole, green card, etc. 

 

 

Edited February 9, 2020 by jaysaldi

[Loren Y 2,731]

Get to the social security office first thing Monday. My now wife came on a K1 and we went to the SS office 18 hours after landing at LAX. we drove home to Vegas, and were up early the next morning at the SS office and she was in the system, and we had her SS card a week later. and like others have said, you don't need a SS number to be added to employer health insurance, you just have to kick it up the chain of command if you have any difficulties.  She might need to get the SS card issued in her maiden name initially because that is what is in the SAVE system they use to verify her, my wife and I decided not to change her name to make everything immigration wise a lot easier, and it has, we can always change her name later if it becomes a big deal, but we are both fine with it and have had no issues with her not having the same last name so far.

 

Glad to see you are thinking ahead on this. My wife needed emergency surgery to get her appendix removed 3 months after getting here ( 60,000 plus dollars) and if I didn't have her added to my employer health insurance we would have been definitely in a bad situation, so don't give up on this, you are in the right.

[jaysaldi 209]

And if you run into anyone at SSA who says K-1 visa holders can't get social security numbers, or that married K-1 visa visa holders can't get social security numbers, ask for a supervisor. And again, be sure to bring her passport AND birth certificate and a printout of her I-94.

[Mike E 11,723]

14 hours ago, Bjh said:

I...for people who have gone through the K1 process/AOS, do you usually need a SSN to add your spouse to your health insurance?

When my fiancée came to the USA, I added her to my employer health plan without an SSN.  Once she had an SSN, I complied with the terms of the health plan and provided her SSN.  
 

In summary, if she does not have an SSN she cannot be denied health care insurance.   And once she has an SSN, you are supposed to provide it to the insurance company. 

[Michie26 3]

So we just went through this. My husband entered the country on Aug 11. We were able to get his health ins before he had his social. They just used 999-99-9999. When his social came in, we provided it. When applying for your social you need your original birth cert, passport, and the proof of entry document.

 

Michelle 

[Ontarkie 13,915]

On 2/9/2020 at 11:14 AM, Bjh said:

Why would it be a pickle having already married?

 

Also, would it be a hindrance to getting her AOS approved?

Sometimes the ppl at SS think you can't get a SSN after you get married. The easy way around this is not tell them you're married. Just have the card issued in maiden name. She can change it later.