Social Security Card

[Signal]

Hello everyone!...It has been a while since I last posted...Everything has been going great since Yan recieved her K-1...And earlier this month we got married... Since Yan, like many Chinese people, does not have a middle name we decided to use her maiden name as her new middle name on the marriage certificate and she would share my last name...From the reading I've done on this forum it sounded like most agreed that it was better to wait until we were married before applying for a SSN since we would have to go back for a name change anyways...

 

Today, we went to a local SSA office to apply for her social security card...I handed they lady Yan's passport and our marriage certificate...As soon as she realized Yan was a K-1 she seemed a little lost...She asked another lady for help and after that she walked into the back offices for at least five minutes while we waited...When she came back she said, "You must notify the Department of Homeland Security about your marriage and name change."...And she handed us a letter which says that we requested a social security card but they cannot issue the card until "we check the document(s) you gave us to show your citizenship or alien status. We will check the document(s) with the agency that issued them. This will take about four weeks."

 

 

So now I'm very confused...I thought this was a simple step that would take about five minutes but now it seems like something is not right at all...I have not idea who or where in the Department of Homeland Security I'm supposed to contact that we got married...

 

Have I done something wrong or did the lady at the SSA do something wrong?...I thought it was:

 

Get married-->Get SSN-->Apply for EAD and AOS

 

Any help would be appreciated guys!!!...

 

P.S.--Does she need a SSN to apply for AOS?...I want to make sure we apply before the 90 day deadline...

 

Thanks again!...

 

[dnoblett]

SSN seems to be one of the biggest headachs at some of the smaller offices.

 

You do not need SSN to apply for AOS.

 

We married, and waited a few weeks then went to the SSA Office with several things.

• Passport with K-1 visa.
  
• Marriage Cert showing name just as you said, Given/Maiden/Married name.
  
• Chinese Birth Cert.
  
• Completed SS-5 form
  
• This: http://www.kamya.com/ssn/em00154.pdf
  
• Print out of this page: https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500#C1
  
• Print out of this page: http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf...php?p_faqid=576
  

I did not need the printouts to remind them about the fact that K-1s are "work Authorized" The took what I gave them entered Yu's info into the system and the card showed up a few days later with her married name.

 

Try a different office.

From VJ and addresses your situation exactly.

In your case it's not exactly a name change since you want to apply for the original SSN and card in your married name, but birth certificate, I-94 along with passport and marriage certificate should work as long as the marriage certificate has your age or date of birth.

 

If you run into a nucklehead that doesn't want to accept the application because you are married or will not allow you to apply in your married name start yelling for the office manager.

 

SSA will not assign an SSN or issue a card to an individual that is within 14 days of his or her alien status expiring. Until the 76th day after entry an individual with K-1 status only needs to provide an unexpired I-94 showing current K-1 status to establish employment authorized status for SSN purposes.

 

Once, an individual with K-1 status has been in the United States 76 days he or she will need another document, i.e. I-551, I-688B or I-766 to establish employment authorized status for SSN purposes.

 

RM 00203.500 Employment Authorization for Nonimmigrants:

 

http://policy.ssa.gov/poms.nsf/lnx/0100203500#C1

 

RM 00203.410 Evidence of Alien Status for an SSN Card for an Alien Lawfully Admitted for Permanent Residence:

 

http://policy.ssa.gov/poms.nsf/lnx/0100203410

 

Only the marriage document (foreign or domestic) is needed if it meets the following criteria:

 

-- The new name can be derived from the marriage document, i.e. bride takes the groom's last name, groom takes bride's last name, compound name (with or without hyphen) of each spouse's original name for either or both parties.

 

Note: State law must also allow the type of name change wishing to be made

 

-- The marriage occurred within the past two years

-- The marriage document shows sufficient identifying information, e.g., biographical data such as age, date of birth or parent's names

 

Otherwise you will need another idenity document in the married name or apply in your maiden name.

 

When issuing immigration documents, the Department of State and Department of Homeland Security issue them in the person’s legal name. The legal name is also generally the name in which the foreign passport was issued.

 

When an alien applies for an SSN card, SSA presumes the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change (e.g., marriage) that occurred after the immigration document was issued.

 

This is in addition to proof of current lawful employment authorized status.

 

You can find detailed information regarding changing SSN record (Numident) data on the SSA Website at:

 

http://policy.ssa.gov/poms.nsf/lnx/0100203210

 

http://tinyurl.com/f7s8l

 

When requesting an SSN card, the documents presented, as evidence must be either originals or copies certified by the issuing agency. SSA will not accept uncertified or notarized photocopies as evidence.

 

“If the applicant has no immediate need for the SSN and the translation can be done promptly or the foreign language document is the only evidence available; have the document translated by an authorized translator and use the document as evidence.”

 

“If the applicant has a pressing need for an SSN, and evidence other than the foreign language document is available; request other evidence and process the application without the foreign language document.”

 

RM 00203.040 Reviewing SSN Evidence:

 

http://policy.ssa.gov/poms.nsf/lnx/0100203040#B3

 

GN 00301.340 Authorized Translators Defined:

 

http://policy.ssa.gov/poms.nsf/lnx/0200301340

 

If a foreign-born person has the foreign birth certificate (BC) in his/her possession or can easily obtain a copy, he or she must submit it as proof of age. When a person is foreign-born, a BC may not exist, may not have been recorded shortly after birth, or the probative value of the document may not be high. In these situations, SSA can accept alternative evidence of age in order of probative value. The alternative evidence of age may be less than a year old, e.g., a DHS document or passport.

 

You can find detailed information regarding evidence that establishes age on the SSA Website at:

 

http://policy.ssa.gov/poms.nsf/lnx/0100203110

 

The documents acceptable as evidence of identity are now based on three factors: (1) the applicant’s age, (2) the applicant’s citizenship/alien status, and (3) the relative probative value of documents.

 

Any document used to establish identity must meet the following criteria:

 

-- The document provides information the reviewer can compare with the data on the form SS-5 (e.g., the person's name, as well as age, date of birth, or parents' names) and/or

-- The document provides information the reviewer can compare with the applicant (e.g., physical description, photograph).

 

NOTE: A non-picture identity document should have the person's name as well as information that can be compared to the SSN record, the applicant or other documents submitted (e.g., age, date of birth, or parents' names).

 

However, the acceptability of an identity document must be evaluated on a case by case basis by the office processing the application, taking into consideration the applicant's situation and exploring what evidence is available for the person.

 

You can find detailed information regarding evidence that establishes identity on the SSA Website at:

 

http://policy.ssa.gov/poms.nsf/lnx/0100203200#E6

 

SSA will not accept an application filing receipt or notice of action as proof of current lawful employment authorized status.

 

Take the required documents, to the nearest Social Security office. Individuals age 12 or older applying for an original SSN and card must apply in person at one of our offices.

 

You can obtain the address and directions to the nearest Social Security office from the Social Security Office Locator, which is available on the Internet at:

 

http://www.ssa.gov/locator

 

Normally, an SSN card should be received in the mail within two weeks after the application and document(s) have been received and verified.

 

When an alien requests an SSN or replacement/corrected SSN card, SSA will verify his or her documents and current status with the appropriate Bureau of the Department of Homeland Security. If verification is not available through the Systematic Alien Verification for Entitlements (SAVE) system, SSA will send Form G-845 for manual verification.

 

RM 00203.720 Verifying Immigration Documents:

 

http://policy.ssa.gov/poms.nsf/lnx/0100203720

 

Note: If the applicant has changed his/her name after an immigration document, i.e. I-94, was issued, e.g., married and is now using the married name, but has not obtained a corrected immigration document showing the new name; this is not a name discrepancy for enumeration purposes, i.e. SAVE clearance, if the applicant can provide an acceptable legal name change document to establish the new name.

 

The 14 day status expiration limit for assigning an SSN and/or issuing a card applies even if an individual submitted his or her application before being within the 14 day period and entered the 14 day period while waiting for his or her status to be verified.

 

If the SSA office does send the G-845, suggest that you go back to the SSA office no more that once week with your documents to (1) ask them to check SAVE again (2) ask if they sent a G-845 (3) if yes, did it come back (4) after 30 days ask if they have followed up on the G-845 by calling or sending another mark “second request.”

 

http://policy.ssa.gov/poms.nsf/lnx/0100203735

RM 00203.735 Requesting Online (Primary) Verification By SAVE

 

You can try calling the SSA Regional Office if you have waited at least 30 days and your local SSA office doesn't seem to be concerned about following up on the G-845

 

http://www.ssa.gov/otherssasites/

 

Refer them to:

 

http://policy.ssa.gov/poms.nsf/lnx/0100203740

RM 00203.740 Requesting Additional (Manual) Verification By DHS

 

Step 6

 

DHS should respond to SSA within 15 federal work days after receiving the Form G-845. If DHS does not respond within 15 federal work days from the receipt of the G-845 from SSA, follow-up with the DHS, USCIS Immigration Status office. (Allow 15 days plus five additional federal work days of mail time for the G-845 to be received at and returned from DHS. Follow local practice to follow-up with DHS.

 

Some SSA offices have an arrangement with the DHS, USCIS office to telephone for the follow-up contact; other SSA offices send a copy of the original G-845 annotated “second request.”) If the DHS response is still not received within 15 federal work days after the follow-up contact (if the follow-up is by mail allow five additional federal work days of mail time for the G-845 to be received at and returned from DHS), make a second follow-up contact. If the DHS response is not received within 15 federal workdays (again, if the follow-up is by mail, allow five additional federal work days of mail time for the G-845 to be received at and returned from DHS), after two follow-ups, contact the Regional Office (RO). Also report to the RO any trend that shows a serious deviation by DHS from the above time frames. The RO will consult with central office.

 

All cards are mailed from Social Security Headquarters in Baltimore, Maryland to the postal address provided on the Form SS-5.

 

You may find additional SSN and employment information on the Internal Revenue Service Website at:

 

http://www.irs.gov/businesses/small/intern...=129227,00.html

http://www.visajourney.com/forums/index.ph...st&p=582831 Edited April 25, 2007 by dnoblett (see edit history)

[tywy_99]

Dan lays it on thick but he's thorough and he's correct.

 

Go to a different SSA office in your area.

Some offices are lost when it comes to immigration issues.

I never heard aout having to get the good graces of the CIS for getting a social security card. Try another office.

 

-good luck

[Signal]

dnoblett--Thank you VERY much!!!...When I got home I started doing some searches on the subject which said pretty much the same thing as you are as far as the SSA offices not knowing the rules for K-1 applicants...I guess that is what I get for not doing my research at the Candle before heading over there!...hehehe...When MY headache goes away I'll look at the details of your post...I thought I was prepared with all the paperwork that I needed but it did not include paperwork to prove them wrong... But it IS good to know if the SSN gives me problems that I will not need it for the AOS!...I am very happy to know this setback will not cause problems with getting her green card...

 

Thanks again guy!!...

 

[Signal]

Dan lays it on thick but he's thorough and he's correct.

 

Go to a different SSA office in your area.

Some offices are lost when it comes to immigration issues.

I never heard aout having to get the good graces of the CIS for getting a social security card. Try another office.

 

-good luck

 

Yeah, I wanted to tell the lady she was wrong but I did not have the proper evidence to prove my case...I think I will try another office!...Thanks!...

 

[Randy W]

Dan lays it on thick but he's thorough and he's correct.

 

Go to a different SSA office in your area.

Some offices are lost when it comes to immigration issues.

I never heard aout having to get the good graces of the CIS for getting a social security card. Try another office.

 

-good luck

 

 

Yes - you need the "good graces" of the CIS in the form of work authorization - like Dan says, the K-1 provides this. But only in a window of about 76 days after arrival.

 

If you are haggling over the name, be careful that you don't miss the window. The next opportunity is the EAD card or green card.

 

The order here is up to you. If the name change is important, try another office. If not, you can get it in her maiden name now, but it will take another trip later to get it changed.

[C4Racer]

Dan is correct. Follow his advise. He is usually very thorough.

My wife got her first card in her new name.

I am not sure if it helped, but first we went to the DMV and had them issue an Oregon State ID in her new name. Then we visted the SSN office. We showed her K1 visa, her new ID and our marriage certificate. At first, he thought we couldn't do this just yet. He went to talked with someone else. Came back to the window and issued her card.

I have heard going to a different office will yield differing results.

[bosco]

Dan is correct. Follow his advise. He is usually very thorough.

My wife got her first card in her new name.

I am not sure if it helped, but first we went to the DMV and had them issue an Oregon State ID in her new name. Then we visted the SSN office. We showed her K1 visa, her new ID and our marriage certificate. At first, he thought we couldn't do this just yet. He went to talked with someone else. Came back to the window and issued her card.

I have heard going to a different office will yield differing results.

 

 

Monday when we went up to the SS office we were helped by a guy who was very familiar with K1. We took Ling's passport, birth certificate and a copy of our wedding license. We were there about 5 minutes and went back yesterday morning to find out what her assigned number is even though we won't get her card for a couple of weeks.

Edited April 26, 2007 by Ling-Curt (see edit history)

[tywy_99]

Dan is correct. Follow his advise. He is usually very thorough.

My wife got her first card in her new name.

I am not sure if it helped, but first we went to the DMV and had them issue an Oregon State ID in her new name. Then we visted the SSN office. We showed her K1 visa, her new ID and our marriage certificate. At first, he thought we couldn't do this just yet. He went to talked with someone else. Came back to the window and issued her card.

I have heard going to a different office will yield differing results.

 

 

Monday when we went up to the SS office we were helped by a guy who was very familiar with K1. We took Ling's passport, birth certificate and a copy of our wedding license. We were there about 5 minutes and went back yesterday morning to find out what her assigned number is even though we won't get her card for a couple of weeks.

There's a good example. It just goes to show you, "different SSA office, different service!"

It's been that way since I've been here. You can't really blame a staff that has no experience in immigration issues. They just simply don't know what to do and maybe afraid to do something that they don't know, including the chief supervisor of the office.

I remember a post one time where someone was having trouble at their local SSA office in Florida.

The next day they went closer to one of the bigger cities in Florida and since the SSA office they went to dealt with immigration issues every day, they had no problem.

[lostinblue]

Sunday Yan and I had brunch with Dan and YU we had a good time and look forward to more of the same . We discussed the SS problem at that time and dan advised me to go to the Rochester office . I had some business to do in the other direction and decided to try a local office and proceeded to get turned down. SS worker looked at a sheet of paper that was stapled to 20 others and looked at k-1 read across and said that her paperwork including work authorization at JFK that she received 2 weeks before upon entering the country was not valid and she needed a plastic card issued by immigration. I am sorry I was so pissed at the time I did not recall the number. I am a person who does not get mad often but I was seeing red at the time. As I knew Yu had just received hers a month ago.I mentioned this to the clerk and she said the other office made a mistake issuing the card as she has people she turns away often for the same reason. So she in her mind is correct.

Yan and I went into the city of Rochester and spent the rest of the day dealing with SS and they processed it NO PROBLEM or questions. So it pays to try to use a large office and get someone who understands their job . Thanks DAN .....

[dnoblett]

Sunday Yan and I had brunch with Dan and YU we had a good time and look forward to more of the same . We discussed the SS problem at that time and dan advised me to go to the Rochester office . I had some business to do in the other direction and decided to try a local office and proceeded to get turned down. SS worker looked at a sheet of paper that was stapled to 20 others and looked at k-1 read across and said that her paperwork including work authorization at JFK that she received 2 weeks before upon entering the country was not valid and she needed a plastic card issued by immigration. I am sorry I was so pissed at the time I did not recall the number. I am a person who does not get mad often but I was seeing red at the time. As I knew Yu had just received hers a month ago.I mentioned this to the clerk and she said the other office made a mistake issuing the card as she has people she turns away often for the same reason. So she in her mind is correct.

Yan and I went into the city of Rochester and spent the rest of the day dealing with SS and they processed it NO PROBLEM or questions. So it pays to try to use a large office and get someone who understands their job . Thanks DAN .....

Yes the clerk in Rochester did not even bat an eye, just took our forms, and processed the paperwork no questions asked.

 

Sorry you had to deal with the incompetent in the smaller office.

 

Look forward to our next get together, maybe a 3 get together with Signal the OP of this thread, I am surprised they ran into the problem, their profile shows Rochester also, probably dealt with an inexperienced clerk.

 

Dan

Edited April 26, 2007 by dnoblett (see edit history)

[Signal]

Hey guys!...Just to clarify the lady at the SSA did enter Yan's information into the computer but said that they had to verify her information with the agency that issued the visa...But she did make it sound like nothing was going to happen until I somehow notified the Department of Homeland Defence of our marriage and name change...And then after she had entered the information into the computer she printed out a sheet and handed it to us...This was at the Long Pond Road office...I'm debating whether or not to wait and see if a card shows up in the mail or not...I did not realize there was a 76 day window that Randy mentioned...If I do wait I'll probably miss this window but would it mess anything up if I do try again at another office and it turns out the first attempt actually works?...

 

I'm a little lost here because they letter says it cannot issue a card until they verify that Yan's records match that of the agency that issued the visa (or perhaps I-94)....So I'm not sure what I should do here...I'm tempted to just forget it and focus on EAD and AOS...

[dnoblett]

Hey guys!...Just to clarify the lady at the SSA did enter Yan's information into the computer but said that they had to verify her information with the agency that issued the visa...But she did make it sound like nothing was going to happen until I somehow notified the Department of Homeland Defence of our marriage and name change...And then after she had entered the information into the computer she printed out a sheet and handed it to us...This was at the Long Pond Road office...I'm debating whether or not to wait and see if a card shows up in the mail or not...I did not realize there was a 76 day window that Randy mentioned...If I do wait I'll probably miss this window but would it mess anything up if I do try again at another office and it turns out the first attempt actually works?...

 

I'm a little lost here because they letter says it cannot issue a card until they verify that Yan's records match that of the agency that issued the visa (or perhaps I-94)....So I'm not sure what I should do here...I'm tempted to just forget it and focus on EAD and AOS...

Yes USCIS and SSA operate using a computer system called SAVE (Systematic Alien Verification for Entitlements) USCIS has not updated it to show your SO has in fact entered the country so SSA officer has to wait for that verification before can issue the number.

 

SEE: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

If you used the Rochester office, Lostinblue, and We did not have problem with them we applied about 3-4 weeks after Yu entered the country.

 

Dan

[jim_julian]

But Curt ... after she marries you she's no longer a K-1 and therefore, as some SSA offices interpret it, not longer entitled to a SSAN.

[yuehan123]

I can recall more than one person going to a second office after an initial denial at the first office and then successfully receiving an SSN. Entry Verification and name change verification after marriage would seem to be separate issues. Waiting for matching proof of entry on both computer systems is exactly what happened to us because we applied for SSN within 3 days of entry, not after marriage. However, we were told we would receive the card in about 30 days, and we did.

 

What are you asking? What should you do? What if you apply somewhere else and for some reason that screws up your first application? Well, golly, go for it. Or, don't go for it. If you wait until the deadline and don't receive a card you won't be able to re-apply

for months.

 

So, why not ask yourselves "Why do I want an SSN?" Some ladies I know are quite frustrated because their husbands delayed applying for SSN until after the initial 74 day deadline (or, whatever it is 74, 75, 76, whatever.) They are out of luck now until g/c is received. So, they cannot work and cannot apply for driver's license. Maybe those are not important factors for you two.

 

At least, if you go to another office you will get another answer, maybe the same answer, maybe an SSN, maybe nothing. What the heck, you got nothing now.