randomgirl

Hi everyone,

I arrived in the US 46 days ago on a K1 visa and my hubby and I were married on Friday. We had been planning to get my SSN before the wedding but due to his work and other things going on we never made it to the office. This afternoon we headed over there, armed with a print-out from their website stating that K1 visa holders are eligible for a SSN (we anticipated problems). We were aware that you shouldn't apply before your 10th to 14th day in the country, or after your 76th day, due to the expiration date on the I-94. We'd read on here not to mention that we're married, I filled out the application in my maiden name so it would match my passport and visa, and took along my birth certificate as well as my passport.

The woman dealing with us asked if we were already married so we told the truth - yes. She insisted that what we needed to do was go to the Department of Homeland Security to tell them we're married as my status is no longer K1 visa holder. She said it would change to a K3 visa now that we're married. Now, we're fully aware that she was completely wrong about that! She also said that legally I am not able to use my maiden name now that we're married, which is also a load of crap! I told her that being married does not necessitate a name change, and that lots of people keep their maiden name, which she had to agree with. She said that because we're married they cannot issue a SSN. I gave her the print-out about the K1 visa and eligibility for a SSN, and she went to speak to her supervisor. They both started telling us to go to DHS and that I am no longer a K1 visa holder, that it will change to a K3 visa. What utter rubbish! I told her that the K3 visa is entirely different, and is what we would have applied for had we already been married when I was moving here - the K1 does not change once you're married! We explained that we need to do my AOS now that we're married but that I am still a K1 visa holder! Hell, the expiration date on my I-94 is December 2nd! They just kept insisting that my visa would change to a K3 and we ended up walking out. They obviously don't have a clue.

Does this sound like a familiar story? After our experience I don't think we'll bother going back, to be honest. It would be nice if people who are supposed to know what they're doing actually did! I told them we're fully aware of what we need to do now that we're married (file for AOS) and that going to the DHS office and getting my I-94 changed (which is what they told me to do) is not one of them!

It doesn't say anything on their website about K1 visa holders losing their eligibility for a SSN once they are married - as far as I was aware, this has nothing to do with it, so long as you apply before day 76, right?

It turns out I don't need a SSN to be added to my hubby's medical insurance so that's one thing at least. However I do need it to open a bank account (we tried already) and to get a driver's license too, I think. Is this the case? I'd quite like to learn to drive soon, seeing as we're in Phoenix and life without a car is pretty much impossible!

Does anyone know of the actual rule / law regarding K1 visa holders' eligibility for a SSN once they're married (and before day 76) ? We just weren't getting anywhere with them insisting I would become a K3 visa holder. I did tell them, politely, that we do know about the visa thing since we've been going through it for so long and that they were wrong about that and the DHS thing!!!!!

Thanks in advance,

RG.

dreamercon

Try going to a different social security office.

meauxna

+1
You can call SSA customer service too, and tell them about that specific office. I happen to know they are interested in re-educating folks like that.

Sorry for the frustrating and wasted trip. The POMS printout should have been crystal clear to them.

randomgirl

Thanks for your replies. We called customer service as soon as we got home (I forgot to mention that) and they were just about as much use as the people we had the misfortune to deal with in person! They told my hubby that if the information isn't on the website then they couldn't help us - by that they meant information about whether or not I'm entitled to a SSN because we're already married. So yeah, great! We were hoping they would tell us the people at the office were totally wrong (they are) and that they'd be getting some training, because they clearly need it, but it turns out the phone call was just another waste of time.

Regarding the print-out, they actually used it against us - because it says:

"The K-1 class of admission shown on your immigration
document indicates you are the fiancé of a United States citizen.
Therefore, you are eligible for a Social Security number and for
employment."

They insisted that because I'm no longer a fiancée, now that we're married, I'm not entitled to a SSN. Then they told me they could've given me a SSN if we'd gone to them before we got married, but because I'm now unable to legally use my maiden name (according to them!) they can't issue me a number. They told me I am no longer classed as a K1 - so I asked them what I am then - they said a K3!
To be honest it was like talking to a brick wall - we got nowhere with them, they weren't willing to listen at all and they contradicted themselves numerous times. The whole thing was pretty ridiculous, especially the part about how my K1 visa would be changed to a K3 visa. Seriously?! Where do these people get their information? And "you have to go to DHS and tell them you're married" - another load of rubbish! The whole thing was made worse by how patronising both of the women were, which wouldn't have annoyed us so much if they were actually knowledgeable about the subject!

My hubby is going to finish work early tomorrow so that we can go to a different office and see if we have any luck there. After today I won't be surprised if we're told my K1 visa is magically going to morph into a student visa! This whole thing would be funny if it wasn't so damn frustrating...

I'll let you know what happens tomorrow; wish us luck, I think we'll be needing it!

RG x

dreamercon

This time make sure you submit an application for a SSN no matter what they say. If they object, let them deny your application in writing. Then you can use the appeal's process available at social security.

meauxna

Random, I just sent an email to see about getting your folks some training. Please post what office you went to (specifically, not just city).

The error the women made was common, but I'd hoped it was eliminated by now. Your K-1 STATUS is valid for 90 days. You're not going off your 'visa' but your 'status'.. sigh, this is why we can't just co-opt SSA to do DHS work. Crazy.

randomgirl

Thanks! The office we went to was the North Phoenix Social Security Card Center, zip code 85032. Tomorrow we'll try the Downtown Phoenix one.

Dreamercon, we'll certainly try to submit the application tomorrow regardless of what they say. I didn't get the impression that was an option today. If we do that and it is denied in writing, surely by the time I'd be able to start an appeal I'd be close to the 76 day limit? (30 days from now). Hopefully it won't come to that.

Thanks again,

RG x

Created

Sorry you are having trouble. I pulled this information from Visajourney, I hope it helps..........

5.3)...How about employment? When can my fiance(e) begin working? A..(generalized statement).. To work your fiance(e) will need to get an Employment Authorization Document. While a K-1 holder can technically obtain an EAD prior to getting married, the practical wait involved makes this option unfeasible (the validity of the EAD will expire before it can even be processed in most cases).

Noorah101

Sorry that happened to you, I know it's a pain.

The smaller SS office over in Mesa (near Country Club / Baseline) had no problem issing a SS # to my husband after his arrival on a K-1, and after we were married.

Rene

meauxna

Our SSA guru says:

She said she is in Phoenix, so I assume she went to one of the two Card Centers there. If she lives in that area she has to used one of the Card Centers

http://www.ssa.gov/cardcenters/cardcenterinfo.html

So about her only option as far as going to another office would be to go to the other Card Center in Phoenix and keep her mouth shut about being married.

She can also send SSA an e-mail and someone might take a look into it.

http://ssa-custhelp.ssa.gov/app/ask

Be sure that she lists that she is a K-1 and her phone number in the e-mail.

The worst part about this is if she did go to one of the Card Centers, how they could have people that stupid taking SSN applications, when that is only they do there. Not like a regular office where you have to be a jack of all trades of SSA issues.
--------------------

I steered you wrong on the phoning cust service.. use that email. Intelligent people sometimes answer those.
for resolution!


(THANKS to my wedding anniversary buddy!)

randomgirl

Thanks meaxuna. I was planning to keep my mouth shut about us being married, but she asked me the question directly and I didn't feel like it was a good idea to lie about it! I mean, I don't know what info they have on their screen.

My hubby just called the NVC to ask them about it, he spoke to a so-called visa specialist who told him I'm no longer a K1, but a CR1! What the hell are these idiots on?

I'm emailing now to explain what happened yesterday and see if they get back to me with anything resembling something that makes sense...

In case we don't get anywhere with this, how will not having a SSN affect my AOS? We'd like to open a joint account but my hubby's bank won't let us because I don't have a SSN. Does anyone know of a bank that doesn't require a SSN? I also really want to get a driver's license but they require a SSN too. That's not so important right now, but I'm worried about the bank account thing because I know they'll want 'proof' of our marriage for AOS and although we have plenty of things aside from a bank account, I feel that would help!

Thanks again everyone. I'll let you know what happens...

meauxna

Don't worry about that.. GET the SSN. You can do it!

Look, the NVC is in the visa-issuing business. You don't need a visa--you are here. What you have now is K-1 STATUS. This does not change until you change it to something else. (IE Adjustment of STATUS to PR).
You're just asking the wrong people.

Have you gone to a second office? What about the one Rene suggested, by Mesa? Or do you have to go to a 'card center' now?

Don't wait to hear back on the email, just go to another office. Normally that does the trick. You did everything right, just the office is screwed up.

randomgirl

Thanks

That's exactly what I thought - and was trying to tell the idiots yesterday. They just wouldn't have it, they were so ignorant!

We're going to the Downtown Phoenix office this afternoon when hubby finishes work at 2. Hopefully this time we'll get someone who knows what they're talking about!

meauxna

Just keep repeating, I am in K-1 status for 90 days, I am eligible for a SSN. I am in K-1 status for 90 days, I am eligible for a SSN.

Don't show them the visa? Show them the I-94.

randomgirl

RESULT!!!

I got a reply from my email just now - about an hour after I sent the email!

It states:

"We sent a fax to the office manager of the North Phoenix Social Security Card Center stating what happened when you tried to apply for your Social Security number. We also called to make sure it was received.
The office manager said that you should come back into the office to apply, and to ask for him if your application is not accepted."


It also states:

"Note: Marriage does not affect an individual with K-1 status's eligibility to be assigned an SSN, or issued a card."


I hope we see that silly woman from yesterday so I can laugh in her face for spouting such rubbish! An apology would be nice, but I doubt we'll get one! Really all I care about it getting my SSN now.

I must admit I'm impressed with the super fast response from SSA, and the fact that they gave me the correct information. It's also nice to know they've spoken to the manager at the North Phoenix office, maybe now their staff will get the appropriate training to adequately do their jobs.

Thanks everyone for your help, we really appreciate it - as always you've been a great support!

xx