Preparing for SSN application fight

[J+J 49]

Hi everybody

My now-spouse arrived on a K-1 visa about a month ago.  We applied for an SSN via mail a week after he arrived, afterwards we married and filed for AOS.  After 3 weeks of calling the local SS office, we finally reached a person about the status of our application.  Over the course of 20 minutes it was explained to us that K-1 visa holders aren't authorized to work, don't need an SSN, etc. - all things that I know are not true.   Reluctantly, they scheduled an interview for us to see if "it will work".

 

So, we are preparing for the fight at the office.  We will bring a copy of: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

 

I worry that since the application was submitted a month ago, we have now married and filed AOS, and my spouse has changed their name.   The SSN office asked me about these things during the phone call and I answered truthfully, but I think I know now that marriage and AOS application are irrelevant and we are still eligible for an SSN.  

 

So what is the strategy - do we insist that we want an SSN provided in the pre-marriage name (that is, matching the I-94) of my spouse?  Or should we now be asking for an SSN in the new name changed after marriage?  What do we say when they bring up that we already applied for AOS and EAD?  In the EAD form, we did not request an SSN as we expected to have received one by now.  

 

Thanks...

[JeanneAdil 6,541]

your choice on the name part

but SS officer actually said 'don't need it as she cant work"

what about filing tax returns and having it to open checking account and establishing credit and getting health insurance

Are they kidding ??

even a new baby gets a SS #   and they don't work

[J+J 49]

2 minutes ago, JeanneAdil said:

your choice on the name part

but SS officer actually said 'don't need it as she cant work"

what about filing tax returns and having it to open checking account and establishing credit and getting health insurance

Are they kidding ??

even a new baby gets a SS #   and they don't work

I mentioned these things - the woman said that for those needs, an ITIN number would suffice.  She said that my spouse is not "priority" for an SSN, reading between the lines it sounded like the office is swamped and they are trying to save themselves some effort.

[JeanneAdil 6,541]

2 minutes ago, J+J said:

I mentioned these things - the woman said that for those needs, an ITIN number would suffice.  She said that my spouse is not "priority" for an SSN, reading between the lines it sounded like the office is swamped and they are trying to save themselves some effort.

USCIS instructions say you can apply for one with the first 90 days using I 94 and advising people to do just that 

doesn't matter if they are swamped  / its their job and if they can't do it properly,  they need to quit and give it to someone who can

 

i found out that there is always 1 person in any office who knows the job and the others go to them always with questions so find the right person or go to a different office (even out of town)

[Letspaintcookies 2,310]

So you already applied for a SSN but they didn't bothered going forward with it? What did they do? Trashed your application after you walked out the door? Did you checked the status of your application  https://www.uscis.gov/save/save-casecheck ?

[J+J 49]

1 hour ago, Letspaintcookies said:

So you already applied for a SSN but they didn't bothered going forward with it? What did they do? Trashed your application after you walked out the door? Did you checked the status of your application  https://www.uscis.gov/save/save-casecheck ?

Define "applied"...we mailed in our application but I do not believe the office has done anything with it yet other than schedule the in person interview.

 

Thanks for the link - I checked our info and we have no records in SAVE yet, should we expect to have something come up after being in the country for over a month?  If nothing comes up does that mean the SS office is also going to have a problem verifying us and will need to do the "manual verification" step?

[Letspaintcookies 2,310]

2 hours ago, J+J said:

Define "applied"...we mailed in our application but I do not believe the office has done anything with it yet other than schedule the in person interview.

 

Thanks for the link - I checked our info and we have no records in SAVE yet, should we expect to have something come up after being in the country for over a month?  If nothing comes up does that mean the SS office is also going to have a problem verifying us and will need to do the "manual verification" step?

SSA will verify the information you give them with that database. It would show you if DHS is still working on it or if they already gave it back to SSA. If you can't find anything then nothing happened with your application so far. 

 

But from what you say you only sent in the application form without your spouses passport? Well then you're correct, nothing could have happened since they need original documents and the month you have waited so far was unfortunately wasted.

 

Good luck at your appointment. Don't let them win 😉

[Bob in Boston 734]

20 hours ago, J+J said:

an ITIN number would suffice

Thats what we used and solved all problems, Used for banking, insurance and taxes. Not needed for credit as you have no work history or job yet. Slim chance for a credit card at that point. I did add her to a few of my credit cards to get her name in the system.

[J+J 49]

22 minutes ago, Bob in Boston said:

Thats what we used and solved all problems, Used for banking, insurance and taxes. Not needed for credit as you have no work history or job yet. Slim chance for a credit card at that point. I did add her to a few of my credit cards to get her name in the system.

I think it would be correct to argue at our appointment that because we are, at this moment in time, eligible for an SSN, we are NOT eligible for an ITIN (I have read this elsewhere).  If however I-94 expires and we are no longer eligible for SSN until EAD is approved, then we could pursue an ITIN.

 

From below IRS:  "You are not eligible for an ITIN if you are eligible to get an SSN".

 

21 hours ago, JeanneAdil said:

USCIS instructions say you can apply for one with the first 90 days using I 94 and advising people to do just that 

any chance you have a link to these instructions?

[JeanneAdil 6,541]

https://www.ssa.gov/pubs/EN-05-10096.pdf

 

 

What do I need to bring to the Social Security office?

 

You need to prove your identity and work-authorized immigration status.

To prove your identity and work-authorized immigration status, show us your current U.S. immigration documents and your unexpired foreign passport. the following proofs are either or

as you will not have I 551 or EAD but I 94

  

Acceptable immigration documents include your: •

Form I-551 (Lawful Permanent Resident Card, Machine-Readable Immigrant Visa); •

Admission stamp showing a class of admission permitting work; • Form I-94 (Arrival/Departure Record); or •

Form I-766 (Employment Authorization Document/EAD)

[Letspaintcookies 2,310]

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

 

There is no need to argue with them. Print the above page and take it with you. Per there own instructions K1s are allowed to work and therefore eligible for a SSN. 

[J+J 49]

Update.  We are now being told that because we applied for EAD (employment authorization) prior to the SSN application going through, that there is now a “conflict” with the dept of state and they can’t issue a number.  they said we should have waited to get the SSN card before applying for EAD. That sounds wrong but I don’t know how to argue with that.  They just are saying the system won’t let them approve it.  Any more advice on this?

[payxibka 10,045]

On 7/3/2021 at 2:10 PM, JeanneAdil said:

USCIS instructions say you can apply for one with the first 90 days using I 94 and advising people to do just that 

 

Link to the USCIS instructions?

[J+J 49]

Finally we have received our SSN card.  I believe I had to call the office over fifty times - I was probably hung up on about 40 times which was infuriating.  Anyways, here is how we got the card for the next people getting ready for the battle:

 

1. We mailed our SS-5 application a few days after my fiance's arrival. 
2. After two weeks we called to set up an appointment and were told that K-1 is not eligible for an SSN because they can't work.  Knowing this wasn't true we said as much and were told to call back the next day for a supervisor.
3. The next day a supervisor told us that K-1 is "not a priority" for SSN's at the moment.  I insisted that we are eligible for a card, and they ultimately gave us an appointment.
4. Showed up for the appointment - they didn't have us on the schedule.  Not only that, "they had never received" (read: lost) our application!  Fortunately we brought copies, and gave handed off all the copies to a polite employee who said he would send the application that day
5. One week later we call to check and are told that because we have already filed for EAD (Employment Authorization) there was a "conflict" and we were no longer eligible for a number.  Were transferred to supervisor who never picked up the phone.
6. The next day received a voicemail from a new person that wanted to schedule our appointment, which had already happened.  Called and confusion all around.
7. Finally, exactly two weeks after our appointment, our case showed up in SAVE.  We called and were told the card was approved and would be received in 3-5 business days.
8. Received the card 5 business days later.

This whole process took two full months.  If we had not relentlessly called and hounded the office, we would not have gotten a number in time before our I-94 expired.  Everything I read on VJ was true - the SS office has no idea what they are doing when it comes to immigration.  

 

[zephyrblau 2]

this subject is very timely as my fiance and myself wait for her interview appointment. I'm wondering if somewhere on the forum there exists a flowchart or "cook book" type list of activities once she arrives. 

in the meantime I'd like to offer some insight to those dealing with federal employees.

1) be polite 

2) be firm if necessary, but be polite. 

3) ask to speak to a supervisor if you feel your issue is not being addressed or resolved.

4) journal every call including date, time, name(s) and result(s) or lack of same. 

5) don't be afraid to get your senator or house representative involved. this is where #4 comes in handy. were it me I would be hounding my local representative vs. the SSN office.

as always YMMV.  

patience is your friend 😉