Social Security Card question

[big mike]

All, I brought my fiance to America (from China) on July 11, 2009. We legally married in the U.S. on August 13, 2009. I will be sending in the AOS this weekend.

 

Here is my question (short version). We submitted her SSN application at the Social Security Office today (August 21, 2009) and we were told that her identity was not matched in the system and it would be 2 - 4 weeks until we should expect to receive her SSN card in the mail. Does that sound right to anyone? What should I do?

 

Longer version here: I have waited to apply for her SSN until after we were married - assuming that I could apply for her SSN and do a name change (her taking my last name) at the same time. Upon submitting the application at the Social Security Office, they informed me that if we submitted the application with her married name, that it would not match her name in the system - therefore we submitted the application with the same name on her Passport and Birth Certificate and will change her name later. Does that sound like we took the right approach to not change her name yet?

[Batmaniac]

We ran into a similar issue the other day. We have passed AOS and my wife got her SSN and name change back in Feb the day after the wedding. All paperwork was submiited with her new last name and all mail received back from Homeland Security has her new name. The green card arrived with her new name on it.

 

Two days ago we went to the SS Office to request a clean SS card. Well, in their computers linked with Homeland Security it still had her old name and they could not change it. They took everything we had, copied it and faxed off to Homeland security to fix it. May take 2-4 weeks.

[Randy W]

Yes - the SS personnel will sometimes allow you to apply in her married name, but they are supposed to enter her immigration name to match. Ironically, you can often go back later with the marriage certificate in hand and have her name changed in the SS system, depending on how cooperative they are.

 

You may just want to wait for her green card - apply for AOS in her married name, showing her maiden name as an alias ("also known as"). Then go to the SS office to get a card in the new (green card) name.

 

It should only take 10 to 14 days from the date of entry for her to show up in the database for Social Security.

[dnoblett]

This happens often.

 

The normal order of things for K-1 is:

1. Enter the USA
   
2. Apply for SSN
   
3. Apply for marriage license
   
4. Marry
   
5. Apply for AOS, EAD
   
6. Apply for a renewed SSN using EAD or Green card Better to just do it with green-card to get the restriction notation removed from SSN.
   

USCIS has instructed SSA to issue SSN to K-1 for one reason only, some states will not issue a marriage license to a person that does not have an SSN. After getting married the only reason for SSA to issue a number is with work authorization (EAD or Green Card)

[big mike]

Guys, thanks for the quick responses - as usual, this forum is awesome.

[Guest Pommey]

however some SSA offices wont issue a SS card until your fiancee is in the "save" system of DHS and that can take a few weeks to a month or so.

[Jaseball]

We applied back in Dec of last year - 2 weeks after my then fiancee arrived. They said wait for at least a month.

 

We came back after 5 weeks or so, applied and ran into the name does not match problem and were told to wait for another month.

 

We came back after that and talked to supervisors who said they would look into it.

 

We got married in Feb 2009. Went back and they said she was within 1 month of the K1 expiring, so no card could be issued.

 

Lived our lives as a married couple, went on some trips and then applied for AOS.

 

We got AP and the EAD card, went back to SS office and they said there is no record of her ever applying, but we have 3 letters from them showing when we applied.

 

It's now been another month and still no SS card.

 

We have to go in for a AOS interview next month, but still no SS card.

 

It is amazing.

[Guest Pommey]

Wow Jason, they really like to mess you around.

[Randy W]

Wow Jason, they really like to mess you around.

 

Yes

Under ¡ì205(c )(2)( B )( i )(I) of the Social Security Act, SSA is required to assign SSNs "to aliens at the time of their lawful admission to the United States either for permanent residence or under other authority of law permitting them to engage in employment in the United States. . . ." Because Federal law authorizes K 1 visa holders to work incident to their visa status, K 1 visa holders are eligible for SSNs.

 

In addition, the Code of Federal Regulations (C.F.R.) requires that K 1 visa holders who seek employment must also apply for an Employment Authorization Document (EAD) with DHS. However, SSA policy states that an unexpired I 94 (Arrival/Departure Record) with a "K 1" admission code confirms work authorization for a foreign fianc¨¦, and therefore SSA does not require that K 1 visa holders present an EAD when applying for an SSN. The Agency established its policy based on the Immigration and Naturalization Service's, now DHS, guidance in 1998. At that time, DHS could not always process and issue an EAD to K 1 visa holders before their 90 day stay in the United States expired. DHS sent a memorandum to SSA clarifying which evidentiary documents established K 1 visa holders' work authorization. DHS' memorandum advised SSA that "Evidence of K-1 status includes an unexpired Form I-94 showing admission as a K-1 nonimmigrant with an admission period of 90 days or an EAD referring to INS regulations at 8 CFR 274a.12( a )(6)."

 

SSA policy states field office personnel should not process an SSN application when an individual's DHS document or immigration status has expired or will expire within 14 calendar days.

http://www.ssa.gov/oig/ADOBEPDF/audittxt/A-08-07-17044.htm

Edited August 22, 2009 by Randy W (see edit history)

[big mike]

Guys, its been almost four weeks and my wife hasn't received her Social Security Card. I called the SSA call center yesterday, and after the wait (which I expected) the phone representative was worthless. He offered absolutely no help and said things like "maybe your application was lost". He sounded very uneducated - almost like a homeless person that one would encounter on the street. I honestly didn't expect that poor of a customer experience.

 

Anyway, tomorrow we'll go into our local SSA office and see if that gets us anywhere. I tried searching the USCIS website for information on the verification process between SSA and USCIS and didn't find any useful information.

 

If anyone has advice for me, please fire way.

thanks

Mike

[dnoblett]

Guys, its been almost four weeks and my wife hasn't received her Social Security Card. I called the SSA call center yesterday, and after the wait (which I expected) the phone representative was worthless. He offered absolutely no help and said things like "maybe your application was lost". He sounded very uneducated - almost like a homeless person that one would encounter on the street. I honestly didn't expect that poor of a customer experience.

 

Anyway, tomorrow we'll go into our local SSA office and see if that gets us anywhere. I tried searching the USCIS website for information on the verification process between SSA and USCIS and didn't find any useful information.

 

If anyone has advice for me, please fire way.

thanks

Mike

Search for "SAVE" on USCIS.

 

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

 

Note: Having SSN is nice, but not a requirement to adjust status, USCIS has "Authorized" K-1 to get SSN primarily to enable the K-1 to be able to apply for a marriage license in certain states.

Edited September 17, 2009 by dnoblett (see edit history)

[Randy W]

Guys, its been almost four weeks and my wife hasn't received her Social Security Card. I called the SSA call center yesterday, and after the wait (which I expected) the phone representative was worthless. He offered absolutely no help and said things like "maybe your application was lost". He sounded very uneducated - almost like a homeless person that one would encounter on the street. I honestly didn't expect that poor of a customer experience.

 

Anyway, tomorrow we'll go into our local SSA office and see if that gets us anywhere. I tried searching the USCIS website for information on the verification process between SSA and USCIS and didn't find any useful information.

 

If anyone has advice for me, please fire way.

thanks

Mike

 

 

Submit another application NOW - if they find your old one, fine. But the last day for you to apply would be Sept 27 (=July 11 + 90 days = 3 months less 14 days)

 

After that, you're out of luck until she gets her EAD or green card.

[big mike]

Thanks for both of your responses. I called USCIS using the link you provided me. They were MUCH more helpful than SSA - the two people I spoke with were friendly and educated. They weren't able to find her using the A#, but they had success with the I-94 Departure #. They told me that they sent a response to SSA on September 8, electronic and mailed response. I will use this information with SSA - I'll call again and if that's isn't helpful I'll go into the local office.

[big mike]

Definitely going to the SSA office tomorrow with my wife. Called SSA and at least spoke with someone courteous and professional. They told me they couldn't answer any questions about my situation, that we'd have to do it in person. I don't know if that's true or not, but now I'm 0-2 with the SSA call center, so we'll go in person to the local office armed with the information I learned from USCIS.

 

thanks!

Mike

[Guest Pommey]

my guess is it a "SAVE" issue, you need to go to SSA office and fill out another stupid form (cant remember its name)