The Bureaucracy Continues....

[mari]

Today we visited the Social Security office to apply for the SSN. After a 3 hour wait, the woman told us that she could not submit the request because the status shown in her system says K-1 and we already got married. She suggested that I contact the Immigration office, which of course I did as soon as I got home. The woman there explained me that the SS officer should have filled out form G-845 and send it to them so they can attest to Qisheng's current status in US. As I understand it, the marital status should be irrelevant as his K1 visa is still good for some months. I now wonder if I should not have mentioned the fact that we were already married, or if I should have applied for his SSN before getting married. I got all the paperwork ready to apply for AOS now but I want to make sure if I should send it before I resolve all this mess. My immediate plans are to go to another SS office tomorrow and try to get the officer to send the form to Immigration and after that send at once the AOS and EAD forms. Qisheng have been hired by a company already and the HR manager said they can place the SS money in an escrow until he gets the SSN and they can remit the amount to the agency. He also needs to get his driver's permit but the SSN is required. I would appreciate any feedback I can get from you experts.

[frank1538]

I think the K-1 visa status should have been enough - marriage or no marriage. It's amazing to me that SSA can screw things up so often. You're right in seeking out another office to try again. Good luck.

[mari]

Thanks Frank, go figure, as if all the adjustments weren't enough and after all the trouble we got to get our visa, now these... **&&!!!!

[LeeFisher3]

Definately go for it again, I'd not tell them about the marriage. You might take a look at this post in the event the next person you get doesn't know anything about the K-1.

http://candleforlove.com/forums/index....=ST&f=7&t=10720

[Trigg]

K1 remains K1 even after marriage. It also authorizes work for around 76 days after she/he comes to the US.

[tmkeith]

K1 remains K1 even after marriage. It also authorizes work for around 76 days after she/he comes to the US.

Trigg,

 

Right now I'm in the process of discussing this point with Wei's current/future (after transfer) employer. We don't want to wait the weeks (months?) to get an EAD, but can't find anything to specifically state the K-1 is valid work authorization. Where'd you get this info?

 

One possible workaround they're looking into is that if she gets an SSN, as well as the state ID (which requires SSN), she'll have the necessary documents to complete an I-9, verifying identy and work authorization.

 

Anyone have any thoughts on this? Sorry if this has been discussed before. I didn't have time to research during the heat of the conversations.

 

Thanks

[LeeFisher3]

K1 remains K1 even after marriage. It also authorizes work for around 76 days after she/he comes to the US.

Trigg,

 

Right now I'm in the process of discussing this point with Wei's current/future (after transfer) employer. We don't want to wait the weeks (months?) to get an EAD, but can't find anything to specifically state the K-1 is valid work authorization. Where'd you get this info?

 

One possible workaround they're looking into is that if she gets an SSN, as well as the state ID (which requires SSN), she'll have the necessary documents to complete an I-9, verifying identy and work authorization.

 

Anyone have any thoughts on this? Sorry if this has been discussed before. I didn't have time to research during the heat of the conversations.

 

Thanks

Go to the link on my previous post, has the SSN answer to the work question.

[tmkeith]

That's where I got my basic ammo for the discussion. While it is cut-and-dried to us in here. I gotta break them of the mindset that she needs immigration documentation allowing her to work.

[John & Hai Yan]

Mari,

 

We recently went into a Social Security office on a Monday to apply for a Social security number for my wife. We were in and out of the office in about a half hour. We showed them my wife's passport and I-94 form. We told them we were married. They filled out the appropriate forms on their computer and then told us we would receive the SSN in a week to ten days. It arrived on Friday four days after we applied.

[Dan R]

Today we visited the Social Security office to apply for the SSN.  After a 3 hour wait, the woman told us that she could not submit the request because the status shown in her system says K-1 and we already got married.  She suggested that I contact the Immigration office, which of course I did as soon as I got home.  The woman there explained me that the SS officer should have  filled out form G-845 and send it to them so they can attest to Qisheng's current status in US.  As I understand it, the marital status should be irrelevant as his K1 visa is still good for some months.  I now wonder if I should not have mentioned the fact that we were already married, or if I should have applied for his SSN before getting married.  I got all the paperwork ready to apply for AOS now but I want to make sure if I should send it before I resolve all this mess.  My immediate plans are to go to another SS office tomorrow and try to get the officer to send the form to Immigration and after that send at once the AOS and EAD forms.  Qisheng have been hired by a company already and the HR manager said they can place the SS money in an escrow until he gets the SSN and they can remit the amount to the agency.  He also needs to get his driver's permit but the SSN is required.  I would appreciate any feedback I can get from you experts.

If you already married then there is reason for SS to issue a number. This is regardless of immigration status if you have a SS account. He becomes the beneficiary and must have a SSN if the situation should arise. There is no immigration status or residency requirement for SSN issuance. The requirement is that SSA recognize a need. The need is marriage to a USC with an SS account.

[warpedbored]

The problem is the SSA is not up to speed on K-visas. We had no problem after we got married. Portland Jim went to a different office here in Portland area than we did and they wouldn't give them one. I told him to go where we did and he got it no problem. Bottom line is he is eligible for a SSN as long as he has been in the country less than 70 days regardless of his marital status. Trick is convincing the SS office that.

[Mick]

These kinds of issues never cease to amaze me!

 

Each Social Security Office seems to be marching to different drummers. When we initially applied for the card, they told us just the opposite. Li was not allowed to apply until we presented them with a marriage certificate. Go figure.

[LeeFisher3]

That's where I got my basic ammo for the discussion.  While it is cut-and-dried to us in here.  I gotta break them of the mindset that she needs immigration documentation allowing her to work.

Hmmm, I would think a document from the SSA that specifically addresses the K-1 visa and the EAD question would be quite enough.

 

RM 00203.500 Employment Authorization for Nonimmigrants

1. Aliens Work Authorized Without Specific INS Authorization

 

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien's I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.

[tonymasiello]

If you already married then there is reason for SS to issue a number. This is regardless of immigration status if you have a SS account. He becomes the beneficiary and must have a SSN if the situation should arise. There is no immigration status or residency requirement for SSN issuance. The requirement is that SSA recognize a need. The need is marriage to a USC with an SS account.

Dan, Is this your opinion or is there some kind of legal basis behind your statement???

 

We were not able to obtain SSN with the K1 time period, and I thought we had to wait until after the interview (we did not apply for EAD) to get it.

[frank1538]

If you already married then there is reason for SS to issue a number. This is regardless of immigration status if you have a SS account. He becomes the beneficiary and must have a SSN if the situation should arise. There is no immigration status or residency requirement for SSN issuance. The requirement is that SSA recognize a need. The need is marriage to a USC with an SS account.

Dan, I'd like to learn more about this. I was always told that until such time as an SSN is actually needed to receive a benefit, SSA won't issue one. In other words, SSA would give you an SSN because at some future point in time you might be receiving benefits.

 

You are not the first person to suggest this, so there's probably some truth to it, but I'd like to understand it better.