Want to apply for SSN but worried

[thejoz 0]

My fiancee has been in the US for about 16 days now, so we're ready to go apply for her SSN.

However, after reading the SS-5 form, I have concerns about doing so.

The form states:

"If you check Legal Alien Not Allowed to Work, you must provide a document...that explains why you need a[n] SSN and you meet all the requirements for the US Government benefits."

Now, we never got any temporary EAD stamp or anything, because she isn't going to be working till after we get married and all that because there's no time to work, so we figured on applying for EAD at AOS.

Well, what exactly do we use to prove that she needs the SSN? Is the K1 Visa the 'reason'?

In the guides, this is posted.

1.The SS-5 form you downloaded and filled out (they have some at the office if you forget).

2. Your Passport (with the K-1 Visa in it)

3. Your valid I-94

4. Another form of valid ID (as defined in the SS-5 instructions)

5. You should also bring the document RM 00203.500 that you printed out

The problem I have with this is with item 4, she does not have any other 'valid forms of ID'. She in fact has no other forms of ID other than her British Passport.

So again, what does she do? She only has the Passport, K1, and valid I-94, and nothing else.

And then, the perhaps biggest piece of confusing information...is this that was posted in the 'other forms' section, which is supposed to help K1's prove they can get an SSN. Yet that document (which is at this point almost 7 years old) states that K1's are authorized to work simply based on their status alone??! What's the point of EAD if that's the case? Argh!

Someone who has gotten their SSN please help us out. We thought this was going to be a cut-and-dry process, but apparently it's not. None of this makes any sense.

[payxibka 10,045]

K-1 is work authorized for ONLY the first 90 days after entry... EAD will be needed if you want to work beyond that and prior to receiving the greencard.

Her proof is that she is (for 90 days) an "Alien authorized to work". You do not have to say anything about your intentions to work or not work

Edited May 28, 2008 by fwaguy

[YuAndDan 153]

K-1 is an "Alien allowed to work"

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

The SSN card will be marked "Valid with DHS auth only" this indicates to an employer that an EAD or green-card is needed as prof of employability.

[thejoz 0]

So all we need to do is go down there with her passport, K1, and I-94, and she'll get it with no questions asked?

Well, maybe not no questions asked, but that will be sufficient enough to gain the SSN? As I stated, she doesn't have any other forms of ID other than her birth certificate, and that's not acceptable according to the SS-5.

[payxibka 10,045]

So all we need to do is go down there with her passport, K1, and I-94, and she'll get it with no questions asked?

Well, maybe not no questions asked, but that will be sufficient enough to gain the SSN? As I stated, she doesn't have any other forms of ID other than her birth certificate, and that's not acceptable according to the SS-5.

Have you read the SS-5? All I see is...

If you are not a U.S. citizen, we must see your current U.S. immigration document (see below) and your foreign passport with biographical information or photograph.

IMMIGRATION STATUS: We need to see a current document issued to you by the Department of Homeland Security (DHS) showing your immigration status, such as Form I-551, I-94, I-688B, or I-766.

Edited May 28, 2008 by fwaguy

[*JG* 2]

So all we need to do is go down there with her passport, K1, and I-94, and she'll get it with no questions asked?

Well, maybe not no questions asked, but that will be sufficient enough to gain the SSN? As I stated, she doesn't have any other forms of ID other than her birth certificate, and that's not acceptable according to the SS-5.

Have you read the SS-5? All I see is...

If you are not a U.S. citizen, we must see your current U.S. immigration document (see below) and your foreign passport with biographical information or photograph.

IMMIGRATION STATUS: We need to see a current document issued to you by the Department of Homeland Security (DHS) showing your immigration status, such as Form I-551, I-94, I-688B, or I-766.

Yah, well in theory that works. Some SSA offices are more cooperative then others. Some, no matter what arguments you bring to their denial, it's not overturned.

All I can advise, is try. Good luck.

[YuAndDan 153]

So all we need to do is go down there with her passport, K1, and I-94, and she'll get it with no questions asked?

Well, maybe not no questions asked, but that will be sufficient enough to gain the SSN? As I stated, she doesn't have any other forms of ID other than her birth certificate, and that's not acceptable according to the SS-5.

I would also have birth cert handy.

We filed for SSN after marriage and presented marriage cert to show name change, had no problems, but many others do have problems trying that. It is best to apply for SSN before marriage, and wait until getting EAD or green-card to get name changed on the SSN card.

[thejoz 0]

So all we need to do is go down there with her passport, K1, and I-94, and she'll get it with no questions asked?

Well, maybe not no questions asked, but that will be sufficient enough to gain the SSN? As I stated, she doesn't have any other forms of ID other than her birth certificate, and that's not acceptable according to the SS-5.

Have you read the SS-5? All I see is...

If you are not a U.S. citizen, we must see your current U.S. immigration document (see below) and your foreign passport with biographical information or photograph.

IMMIGRATION STATUS: We need to see a current document issued to you by the Department of Homeland Security (DHS) showing your immigration status, such as Form I-551, I-94, I-688B, or I-766.

Yes, and according to the VJ Guides...

1.The SS-5 form you downloaded and filled out (they have some at the office if you forget).

2. Your Passport (with the K-1 Visa in it)

3. Your valid I-94

4. Another form of valid ID (as defined in the SS-5 instructions)

The SS-5 don't really specify any other 'valid form of ID' for an immigrant, and even if they did, she doesn't have one. If she doesn't need anything beyond Passport, K1, I-94, then we're good to go.

I would also have birth cert handy.

We filed for SSN after marriage and presented marriage cert to show name change, had no problems, but many others do have problems trying that. It is best to apply for SSN before marriage, and wait until getting EAD or green-card to get name changed on the SSN card.

She has the BC, so. And we're applying before marriage, and will get the name changed on the SSN after marriage. Although I didn't hear anyone else tell me before to wait for EAD or GC to apply for that name change...

Edited May 28, 2008 by thejoz

[payxibka 10,045]

So all we need to do is go down there with her passport, K1, and I-94, and she'll get it with no questions asked?

Well, maybe not no questions asked, but that will be sufficient enough to gain the SSN? As I stated, she doesn't have any other forms of ID other than her birth certificate, and that's not acceptable according to the SS-5.

Have you read the SS-5? All I see is...

If you are not a U.S. citizen, we must see your current U.S. immigration document (see below) and your foreign passport with biographical information or photograph.

IMMIGRATION STATUS: We need to see a current document issued to you by the Department of Homeland Security (DHS) showing your immigration status, such as Form I-551, I-94, I-688B, or I-766.

Yes, and according to the VJ Guides...

1.The SS-5 form you downloaded and filled out (they have some at the office if you forget).

2. Your Passport (with the K-1 Visa in it)

3. Your valid I-94

4. Another form of valid ID (as defined in the SS-5 instructions)

The SS-5 don't really specify any other 'valid form of ID' for an immigrant, and even if they did, she doesn't have one. If she doesn't need anything beyond Passport, K1, I-94, then we're good to go.

VJ guides do not "trump" the official literature... While it may be handy to have additional ID if available (birth certificate comes to mind), the official literature does not require it. We were not asked for anything else because my wife was in a similar situation... because at that time she had nothing else

[payxibka 10,045]

She has the BC, so. And we're applying before marriage, and will get the name changed on the SSN after marriage. Although I didn't hear anyone else tell me before to wait for EAD or GC to apply for that name change...

You will need to make a trip to the SSA office when the greencard is received to update her immigration status... so if you wnat you can address the name change at that time as well... save yourself some time and effort....

[thejoz 0]

One more question:

Since you all have told me that a K1 is in fact authorized to work (for the first 90 days anyway) do we then check the "Legal Alien Allowed to Work" box?

Thanks.

[payxibka 10,045]

One more question:

Since you all have told me that a K1 is in fact authorized to work (for the first 90 days anyway) do we then check the "Legal Alien Allowed to Work" box?

Thanks.

YES... otherwise you have no basis for application

[YuAndDan 153]

One more question:

Since you all have told me that a K1 is in fact authorized to work (for the first 90 days anyway) do we then check the "Legal Alien Allowed to Work" box?

Thanks.

That is correct, SSA need a reason to issue a SSN, that is why USCIS has indicated K-1 is work auth for the 90 days of the I-94 card, this is to enable getting SSN for marriage purposes.

[Dachande 0]

As it happens, just this morning I applied for my SSN in Augusta GA. I took my Passport with the I-94 in it and VISA.

I also took my marriage license and some docs printed from this site incase I needed them, which I didn't

Everything went smoothly with them only asking for my passport as ID

Good Luck

[I'm Gone 60]

The real SSN Guide:

An individual that entered the United States with K-1 status applying for a work authorized SSN must present evidence at one of our offices 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

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

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."

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. SSA cannot 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

SSA translators comprise two groups:

-- Field office and Payment Center employees who volunteer their

services as translators

-- Central Translation Section translators who hold actual translator

positions.

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.

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.

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.