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Filed: Timeline

If you have K-1 status and have not been here 76 days or have an EAD card go apply for the SSN and don't worry about the restricted card. Having an SSN will be useful for more things than work.

An individual that entered the United States with K-1 status applying for a work authorized SSN must present evidence at an SSA office to establish his or her age, identity and current lawful employment authorized status.

An individual needs to provide at least two documents as evidence to establish age, identity and current lawful employment authorized status.

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 that entered the United States 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

Suggest that individuals apply for a corrected SSN card to update the SSN record when there has been a name change due to marriage.

Only the marriage document is needed to establish the name change 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: The type of name change requested must also be allowable under state law, i.e. groom taking bride’s last name.

-- 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), and

-- The identifying information matches the information on his/her

Social Security number (Numident) record.

The applicant may need to submit an identity document in the old name along with the marriage document if:

-- The marriage occurred within the last two years and has biographical

information, e.g., age, date of birth or parent's names which does

not match our records, e.g., the SSN record.

-- The marriage occurred within the last two years, but does not show

biographical information, or

-- The marriage occurred over two years ago (with or without

biographical information.

The identity document used to establish the old name must match the name on the current SSN record. The identity document is acceptable even if over two years old or expired.

In name change situations when evidence of identity in the old name is required, e.g., name change occurred more than 2 years ago and the applicant does not have any acceptable evidence of identity in the old name with him or her at the time the SSN application is filed, we can request the following documentation to process the name change:

1. Name change document (e.g., marriage document) showing the old name that agrees with the name on the latest Numident record (Numident) (e.g., maiden name), and

2. Acceptable evidence of identity in the new name (name to be shown on the SSN card), excluding marriage document if it was submitted as the name change document and

3. Verification of identifying information (SSN, name(s) on latest Numident record, date of birth, place of birth, parents’ names) from the latest Numident record.

If these three documentation requirements are not met, the name change request cannot be processed under this new policy. Evidence of identity in the old name would need to be submitted per EM-06064.

Note: Refer the Social Security office personnel to EM-06064, which was issued 10/02/2006 and EM-07045, which was issued 07/03/2007 for the current procedures regarding name changes based on marriage.

https://secure.ssa.gov/apps10/public/refere...cttocategory=EM

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

RM 00203.210 C. Procedure - Immigration Document as Evidence of Legal Name:

“When an alien applies for an SSN card, we presume the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change, e.g., marriage, which occurred after the immigration document was issued.”

“In cases where an alien applies for a replacement SSN card and submits an immigration document showing a name that is different from the name on the prior Numident record, accept the immigration document as evidence of the legal name. In these cases, the prior SSN card may have been issued in a name that was not the number holder’s legal name.”

RM 00203.210 Changing Numident Name Data:

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

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

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, we 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.

Primary Identity Evidence for an alien:

-- Form I-551, Permanent Resident Card (includes temporary I-551

Stamp in combination with an unexpired foreign passport when the I-

551 Permanent Resident Card has not yet been issued)

-- Form I-94, Arrival/departure Record in combination with an unexpired

foreign passport

-- Form I-766, Employment Authorization card

-- Form I-688B, Employment Authorization card

Note: Document must be unexpired

Secondary Identity Evidence for an alien:

-- Unexpired valid U.S. driver’s license (excludes licenses known to be

suspended or revoked)

-- U.S. State issued non-driver identity card (issued by the same State

agency which issues driver’s licenses/State-level agency with

issuing authority over the State’s identity card and not expired)

-- Marriage document showing in addition to the applicant’s name

either the applicant’s date of birth ( DOB) or age

-- Certified copy of medical record (clinic, doctor, or hospital) or

letter providing extract data from the medical record showing in

addition to the applicant’s name, the applicant’s DOB or age

-- Health insurance or Medicaid card showing, in addition to the

person’s name, either a photograph of the person or his/her DOB

-- School identity card or record (for current school year) showing, in

addition to the applicant’s name, either a photograph of the

applicant or the applicant’s DOB

-- Life insurance policy for the person showing his/her age or DOB.

However, the acceptability of an identity document must be evaluated on a case by case basis by the office processing the application.

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

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

SSA cannot accept an application filing receipt or notice of action as evidence of an immigration document.

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

Note: Applicants who live or receive mail in the Brooklyn, NY, Queens, NY, Phoenix, AZ, Orlando, FL or Las Vegas, NV area MUST apply in person at one of the Social Security Card Centers, regardless of age.

Card Center Information:

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf...hp?p_faqid=1412

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

However, when an alien requests an SSN or replacement card, SSA must verify his or her documents/current status with the appropriate Bureau of the Department of Homeland Security. If the initial online verification is not possible through the Systematic Alien Verification for Entitlements (SAVE) system, SSA may need to send a Form G-845 to the appropriate Bureau of the Department of Homeland Security for manual verification.

Since 01/06/2007 Social Security field offices can submit an additional electronic online verification, which in the majority of applications eliminates the need to send a Form G-845 along with copies of the applicant’s immigration documents.

However, some applications still require a copy of the immigration document(s) being verified to be sent at the request of the Department of Homeland Security along with the Form G-845 for manual verification.

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.

SSA offices can also assist applicants by issuing a notice acknowledging the SSN application while documents are being verified.

RM 00202.307 Acknowledgement for Form SS-5:

http://policy.ssa.gov/poms.nsf/lnx/0100202307

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

You can find additional SSN and employment information on the IRS Website at:

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

An individual assigned an SSN based on K-1 status will be issued an SSN card with “VALID FOR WORK ONLY WITH DHS AUTHORIZATION,” printed on the card.

An SSN card having the legend, “VALID FOR WORK ONLY WITH DHS AUTHORIZATION,” only means that the number holder cannot use the SSN card as proof of authorization to work in the United States. It does not otherwise affect the validity of the card or number.

When an individual previously issued an SSN card with “VALID FOR WORK ONLY WITH DHS AUTHORIZATION” has been granted permanent residency, he or she can apply for a replacement SSN card that reflects the new immigration status.

An alien granted permanent residency status is eligible to be issued an unrestricted SSN card and will retain the originally assigned SSN.

Documents that establish lawfully admitted for permanent residence (LAPR)

-- I-551 card

NOTE: Some LAPR aliens have conditional 2-year I-551s (Alien Registration Receipt Card), subject to the limitation that they must apply for removal of the conditional basis 90 days before the second anniversary of the admittance date to the United States. A conditional I-551 is identified by an expiration date 2 years later than the admittance/adjudication date is acceptable proof of permanent residency.

-- Temporary I-551

Temporary evidence of immigrant status is issued for an alien to use

until the permanent I-551 card is received. This may be a stamp in the individual's passport or on the I-94.

-- Machine Readable Immigrant Visa (MRIV) with temporary I-551 language

Note: The MRIV shows the alien's identification number (“A” number) as the “Registration Number” in the upper right-hand corner of the MRIV.

The MRIV in an unexpired foreign passport that shows the statement “UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR and is endorsed with an admission stamp is the same as a valid Temporary I-551 stamp and is valid for one year from the date of endorsement by the admission stamp.

Example:

If the admission stamp shows a date of entry into the U.S. as January 4, 2008, the expiration of the temporary I-551 status will be January 3, 2009. The expiration date on the MRIV should not be used to determine when the temporary I-551 status expires. The expiration date on the MRIV only shows how long the MRIV is valid not how long the alien's temporary I-551 status is valid.

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

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