obtaining ssn without EAD and filing for EAD and AOD

[jonandros 0]

My wife's I-94 expires July 14. She is here on a K1 visa. We have postponed filing for

AOS since my funds have been depleted. But I just read on visajourney this we need to

apply to get her a ssn 14 days before her I-94 expires on July 14. In other words, we

need to apply very soon. But I read the information below and they want to know a

reason why we are appying for ssn and they want a document explaining why she

wants a ssn. What is all this BS about??? Im confused. Some please enlighten me.

Does my wife really need to apply for ssn before we file for AOS and EAD?

How soon do we need to apply for the AOS and EAD? Do we need to apply

for these before the I-94 expires as well?

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

ORIGINAL CARD: To apply for an original card, you will need to provide at least two documents to

prove age, identity, and U.S. citizenship or current lawful, work-authorized immigration status. If

you are not a U.S. citizen or do not have current lawful, work-authorized immigration status, you

MUST prove that you have a valid nonwork reason for requesting a card. (See HOW TO

COMPLETE THIS APPLICATION, Page 2, Item 3.)

3. If you check "Legal Alien Not Allowed to Work," you must provide a document from a U.S.

Federal, State, or local government agency that explains why you need a Social Security number

and that you meet all of the requirements for the U.S. government benefit. NOTE: Not all U.S.

State or local benefits are acceptable for non-work SSN purposes. Contact SSA to see if your

reason qualifies.

[Barbarella UK 0]

Hi Jonathan

I simply took my passport with I94 and marriage certificate to the Social Security office in person and filled out Form SS5 (copy here): -

http://www.ssa.gov/online/ss-5.pdf

I explained that I had arrived on a K1 and married within the 90 days and they had no problem with my application at all - didn't need to show any other documentation.

I received my SSN card within two weeks.

My card is stamped "Unable to work without DHS authorisation" and I will be replacing it with an unrestricted one as soon as my green card arrives.

You don't have to apply for Adjustment Of Status, Emplyment Authorisation and Advanced Parole before the I94 expires but it is considered a good idea to do so.

Hope this helps

[Kathryn41 3,205]

Since your fiancee arrived on a K-1, you check off 'Legal alien allowed to work" as K-1 is employment authorized . While she is work authorized she still needs USCIS permission to work, but she is allowed to apply for such permission. She doesn't need to explain why she needs a card if she is employment-authorized. Her I-94 is her immigration document that shows she is legally present in the US. I would apply for the SSN asap - like today or tomorrow. Don't get so close to the 14 days that if there is a delay you end up on the wrong side of it and not able to get a SSN until she gets her EAD or green card. She can use her passport as ID along with a birth certificate, foreign driver's license or ID card, along with her I-94 showing legal, work-authorized presence, and her marriage certificate to show her name change if she changed her name.

Getting a SSN will make it easier in such matters as getting a bank account and a driver's license, filing taxes (ie, those who didn't have SSN numbers didn't get the recent incentive cheques - in fact even their US spouses didn't get it because they filed jointly), some health insurance providers require it, things like that.

Edited June 23, 2008 by Kathryn41

[BRIAN AND ISA 0]

You can get the SSN before you file for AOS. When you do decide to file for AOS you can do that at any time. People suggest doing it sooner than later so she can work and travel outside the U.S.. All you need for the SSN is to go to your local office, fill out the form and bring ALL of your documents to be safe. In general they will just need the Visa in the passport and the I-94. Good luck.

[Kathryn41 3,205]

You can get the SSN before you file for AOS. When you do decide to file for AOS you can do that at any time. People suggest doing it sooner than later so she can work and travel outside the U.S.. All you need for the SSN is to go to your local office, fill out the form and bring ALL of your documents to be safe. In general they will just need the Visa in the passport and the I-94. Good luck.

Although you do need to get the SSN at least 14 days before the I-94 expires - the sooner the better. You can file for AOS anytime but again, once the I-94 expires your wife is out of status in the US until you file for AOS.

[I'm Gone 60]

You better get moving if you want her to have any chance of being assigned an SSN.

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.

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

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, we 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, we 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.

[Shannon and David 0]

My wife's I-94 expires July 14. She is here on a K1 visa. We have postponed filing for

AOS since my funds have been depleted. But I just read on visajourney this we need to

apply to get her a ssn 14 days before her I-94 expires on July 14. In other words, we

need to apply very soon. But I read the information below and they want to know a

reason why we are appying for ssn and they want a document explaining why she

wants a ssn. What is all this BS about??? Im confused. Some please enlighten me.

Does my wife really need to apply for ssn before we file for AOS and EAD?

How soon do we need to apply for the AOS and EAD? Do we need to apply

for these before the I-94 expires as well?

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

ORIGINAL CARD: To apply for an original card, you will need to provide at least two documents to

prove age, identity, and U.S. citizenship or current lawful, work-authorized immigration status. If

you are not a U.S. citizen or do not have current lawful, work-authorized immigration status, you

MUST prove that you have a valid nonwork reason for requesting a card. (See HOW TO

COMPLETE THIS APPLICATION, Page 2, Item 3.)

3. If you check "Legal Alien Not Allowed to Work," you must provide a document from a U.S.

Federal, State, or local government agency that explains why you need a Social Security number

and that you meet all of the requirements for the U.S. government benefit. NOTE: Not all U.S.

State or local benefits are acceptable for non-work SSN purposes. Contact SSA to see if your

reason qualifies.

Hi! The process of getting a Social Security card is really easy... there is a downloadable memo (mentioned above) here to bring with you to the Social Security office in case the person that is dealing with you is unaware that a person with a K-1 visa is allowed to file for a SS#. Print it out and bring it with you. It's in the guides section: how to apply for a SS#. This document should be good enough. We didn't have to explain anything about why we wanted a SS# for him at all. They didn't question the process at all.

When David and I went to the SS office, we brought his passport with the K-1 visa in it, his I-94 and our marriage license. That's it! We brought David's birth certificate with the translation, but they didn't even ask for it. We also brought the document/memo that we printed out from the guides section, but they didn't question why we wanted a number for him, but I'd still bring it with, just in case.

The reasons for filing for a number are numerous... opening a bank account, starting to establish credit, getting your spouse's name on bills, etc. to establish your residence together for the interview for AOS down the line.

When you fill in the application, check "Legal alien allowed to work." I know it seems contrary because you know that she can't work right now because she doesn't have her EAD (unless of course she entered through NY and got her permission at POE), but that's still what you check because of her status as a K-1 visa holder.

Good luck! We're waiting on his card and should receive it this week! Yay!

Edited June 23, 2008 by Shannon and David

[I'm Gone 60]

When David and I went to the SS office, we brought his passport with the K-1 visa in it, his I-94 and our marriage license. That's it! We brought David's birth certificate with the translation, but they didn't even ask for it. We also brought the document/memo that we printed out from the guides section, but they didn't question why we wanted a number for him, but I'd still bring it with, just in case.

Not a memo. SSA procedure (POMS)

RM 00203.500 Employment Authorization for Nonimmigrants:

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

The reasons for filing for a number are numerous... opening a bank account, starting to establish credit, getting your spouse's name on bills, etc. to establish your residence together for the interview for AOS down the line.

Needing an SSN for school aid or enrollment, private health insurance, banking, loans, credit cards, tax purposes or to be issued a state professional or driver’s license are NOT valid non work reasons for needing an SSN.

RM 00203.510 Alien without Work Authorization - Nonwork Need for an SSN:

http://policy.ssa.gov/poms.nsf/lnx/0100203510

[Shannon and David 0]

When David and I went to the SS office, we brought his passport with the K-1 visa in it, his I-94 and our marriage license. That's it! We brought David's birth certificate with the translation, but they didn't even ask for it. We also brought the document/memo that we printed out from the guides section, but they didn't question why we wanted a number for him, but I'd still bring it with, just in case.

Not a memo. SSA procedure (POMS)

RM 00203.500 Employment Authorization for Nonimmigrants:

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

The reasons for filing for a number are numerous... opening a bank account, starting to establish credit, getting your spouse's name on bills, etc. to establish your residence together for the interview for AOS down the line.

Needing an SSN for school aid or enrollment, private health insurance, banking, loans, credit cards, tax purposes or to be issued a state professional or driver’s license are NOT valid non work reasons for needing an SSN.

RM 00203.510 Alien without Work Authorization - Nonwork Need for an SSN:

http://policy.ssa.gov/poms.nsf/lnx/0100203510

Thanks so much for the clarifying language on memo vs. procedure.

My suggestions for reasons on why someone may need a SSN listed had nothing to do with what one should tell the SS people, they were personal reasons. I apologize for my vagueness. Obviously the reasons listed are not things one should say to the SS people.

Saludos, S