can a K-3 visa holder apply for SSN without EAD?

[~krakatoa~ 27]

Okay. I am trying to help out a friend. I don't know anything about K-3's..

Does anybody know if a K-3 visa holder (she arrived here in CA about a week ago and wants to apply for a driver's license and SSN if circumstances would allow her) can apply for a SSN without EAD yet?

Thanks.

I'm asking this in behalf of this friend. As far as help is concern, I recommended for her to read the guides here but if someone could answer the question directly, that would be really great.

Edited July 3, 2008 by krakatoa

[I'm Gone 60]

The real guide

An individual that entered the United States with K-3 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.

From day one of entry into the United States, individuals that enter with K-3 status must present an I-688B, I-766 or I-551 to establish current lawful employment authorized status.

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

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, 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

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

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.

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.

If ineligible to be assigned an SSN, your local Social Security office can provide written notice using Form SSA-L676 to explain that an SSN cannot be assigned due to the applicant not having provided authorization to work in the United States for SSN purposes or evidence of a valid nonwork reason for needing an SSN.

The following are valid nonwork reasons:

-- Receive Social Security benefits

-- Receive Medicaid

-- Temporary Assistance for Needy Families (TANF)

-- Food Stamps

-- State/Local General Assistance Benefits

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

The IRS assigns Individual Taxpayer Identification Numbers to aliens for tax purposes who are not eligible to be assigned an SSN. A Form W-7, “Application for an Individual Taxpayer Identification Number,” needs to be submitted to receive an Individual Taxpayer Identification Number.

You can download a form W-7 from the IRS Website at:

http://www.irs.gov/formspubs/index.html

You may also contact the IRS ITIN office by calling 1-215-516-4846.

You can find additional information on the IRS Website at:

http://www.irs.gov/individuals/article/0,,id=96287,00.html

http://www.irs.gov/pub/irs-pdf/p1915.pdf

Links to State Driver’s Licensing Agencies:

http://www.usa.gov/Topics/Motor_Vehicles.shtml

When am I legally required to provide my Social Security number:

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf....php?p_faqid=78

[~krakatoa~ 27]

Thank you so much I_Quit!

You've been very helpful and informative. We appreciate the help.

[Dakine 26]

Bottomline is a K3 can't get a SS number unless they have a EAD or get their green card!

[I'm Gone 60]

Bottomline is a K3 can't get a SS number unless they have a EAD or get their green card!

And SSA can verify it

[~krakatoa~ 27]

Agreed.

This friend of mine is a little stubborn. She thinks she can get around the system somehow.. some people won't just listen to the advice, and refuse to accept the official guides and experiences of other people.. oh well.. I give up! I'll let her have her way with the SSA and see what happens. I'm pretty sure she'll be wasting her trip to the DMV as well since she has no SSN, yet.

But thank you guys for the replies.

Edited July 4, 2008 by krakatoa