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TexPamp

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Filed: Citizen (apr) Country: Canada
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Hi, here is the link to the document that shows K1 is eligible for SSN without EAD or work auth.

SSN guidelines

You can try to take this paper back to the clerk who has no clue and his supervisor, but i would call the national office 1-800-772-1213, dont use the automated system, speak to a rep and they will call your local office. then go back to your local office.

ROTFLMAO You would be lucky to find a 800 number rep that know a K-1 from a K-9 and if the field office doesn't have a clue the 800 number sure isn't going to over rule the office manager.

I Quit is right!!! I wasted waaaay too much time in that stupid phone system - both calling hte local office and the naotional one - *no one* knew what they were talking about!

"Я тебя люблю. Эти слова имеют мою жизнь в них."

Eligible for N-400 early based on Section 329 of the INA, Service During Hostilities

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Filed: Other Country: Philippines
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So what I am able to gather from responses here and similar postings is a matter of convincing, tricking, hoping and a luck of the draw to get someone to issue a SSN.

One of the links provided pretty much says the clerk is correct another says he is wrong. There has to be something rock solid.

I think tomorrow we will go to another office and say we need SSN for the purposes of putting Sweety on the lease and bank account and credit cards. Maybe this will ring a bell with them that SSN is also for identification purposes and not just employment. The only problem with that is the majority of the population here on the border is Hispanic and sympathys run deep for illegals (Mexican) and not much understanding for Filipinas who come here legally.

TexPamp

K-1

March 17, 2008.....I-129F Packet sent to Vermont Service Center

March 20, 2008.....I-129F arrived at Vermont Service Center

March 21, 2008.....NOA 1

May 27, 2008........NOA2

June 19, 2008.......Delbros Paid

June 30, 2008.......Medical (Passed)

July 18, 2008........Interview (Passed, Pink and White slip)

Sept 17, 2008.......Recieved Visa

Sept 19, 2008.......CFO at St. Mary's

Sept 22, 2008.......Travel to USA, POE Honolulu, Late night arrival to Las Vegas

Sept 23, 2008.......MARRIED

Sept 25, 2008.......Left Las Vegas driving home

Sept 26, 2008.......Arrived in El Paso, Texas

AOS

December 8, 2008 Package sent

December 26, 2008 NOA

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Filed: Timeline
I think tomorrow we will go to another office and say we need SSN for the purposes of putting Sweety on the lease and bank account and credit cards. Maybe this will ring a bell with them that SSN is also for identification purposes and not just employment.

TexPamp

That is a losing strategy, since getting a lease, bank account or obtain credit are not valid non work reasons to be assigned an SSN.

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

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203510

The only valid nonwork reasons are:

-- Federal statute or regulation requires that the alien provide his/her SSN to get the particular benefit or service to which he or she has otherwise established entitlement;

-- State or local law requires the alien who is legally in the U.S. to provide his/her SSN to get public assistance benefits to which the alien has otherwise established entitlement and for which all other requirements have been met.

This is what you want to go with

RM 00203.500 Employment Authorization for Nonimmigrants

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

C. Policy - Employment Authorization by Class of Admission

The following policy applies to employment authorization by class of admission:

1. Aliens Work Authorized Without Specific DHS Authorization

The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

K-1 -- Fiancé(e) of U.S. citizen

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Filed: AOS (pnd) Country: Philippines
Timeline
Hi, here is the link to the document that shows K1 is eligible for SSN without EAD or work auth.

SSN guidelines

You can try to take this paper back to the clerk who has no clue and his supervisor, but i would call the national office 1-800-772-1213, dont use the automated system, speak to a rep and they will call your local office. then go back to your local office.

ROTFLMAO You would be lucky to find a 800 number rep that know a K-1 from a K-9 and if the field office doesn't have a clue the 800 number sure isn't going to over rule the office manager.

That is quite incorrect as i PERSONALLY know 3 different couples that DID call the 800 number and the National office DID call the local office and they were able to go a second time and get their SSN number. That is what the 800 number is for. Perhaps you are confusing it with the USCIS 800 number where they dont know what is going on.

Chris

1_948852256l.jpg

Gretchen montage

Davao July 07

our friendster

08/12/08 AOS sent

08/13/08 AOS received

08/15/08 NOA1 received EAD

08/15/08 NOA1 received AOS

08/19/08 Checks cashed

08/23/08 biometrics appt letter

09/09/08 biometrics

10/27/08 EAD approved

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Filed: AOS (pnd) Country: Philippines
Timeline
they are suppose to give you a SSN card because some state require a SSN number to get a marrigae license. I know the state and county I love in have the following requirements

SSA isn't supposed to give you an SSN. You either provide proof of work authorized status or a valid non work reason for needing an SSN and going married isn't a valid reason.

and this also is incorrect. My wife has her SSN and we dont have EAD or AOS yet. There are hundreds of K1's that have their SSN number and dont have EAD or AOS yet. The valid reason to get her SSN is to have it for opening bank accounts, health insurance, tax purposes, state IDs and the SSN card was asked for at a recent AOS interview from friends of ours who are on a K1. You are giving out alot of incorrect info and should recheck your sources..

In fact my wife has her SSN card in her maiden name, and in her married name and we have yet to get approved for EAD or AOS. the link that i posted is correct.

Chris

Edited by chris4gretchen

1_948852256l.jpg

Gretchen montage

Davao July 07

our friendster

08/12/08 AOS sent

08/13/08 AOS received

08/15/08 NOA1 received EAD

08/15/08 NOA1 received AOS

08/19/08 Checks cashed

08/23/08 biometrics appt letter

09/09/08 biometrics

10/27/08 EAD approved

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Filed: Timeline
That is quite incorrect as i PERSONALLY know 3 different couples that DID call the 800 number and the National office DID call the local office and they were able to go a second time and get their SSN number. That is what the 800 number is for. Perhaps you are confusing it with the USCIS 800 number where they dont know what is going on.

So you are saying that you know of 3 people that tried to apply for an SSN and the SSA office turned them away. Then they called 1-800-772-1213 and the agent called the SSA office to tell them they were wrong and the people went back to the SSA office and based on the call made by the 800 number agent the application was accepted?

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Filed: Timeline
they are suppose to give you a SSN card because some state require a SSN number to get a marrigae license. I know the state and county I love in have the following requirements

SSA isn't supposed to give you an SSN. You either provide proof of work authorized status or a valid non work reason for needing an SSN and going married isn't a valid reason.

and this also is incorrect. My wife has her SSN and we dont have EAD or AOS yet. There are hundreds of K1's that have their SSN number and dont have EAD or AOS yet. The valid reason to get her SSN is to have it for opening bank accounts, health insurance, tax purposes, state IDs and the SSN card was asked for at a recent AOS interview from friends of ours who are on a K1. You are giving out alot of incorrect info and should recheck your sources..

If a K-1 is assigned an SSN it's because for SSN purposes SSA considers proof of unexpired K-1 status, i.e. the I-94, work authorization, not because they needed it for bank accounts, health insurance, tax purposes, state IDs.

Yeah I guess I better brush up on my SSN info. LOL

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Filed: Timeline

This is a good source of K-1 and SSN info if you need to brush up on the incorrect info you have been given.

http://www.ssa.gov/oig/ADOBEPDF/audittxt/A-08-07-17044.htm

OFFICE OF THE INSPECTOR GENERAL

SOCIAL SECURITY ADMINISTRATION

ASSIGNMENT OF SOCIAL SECURITY NUMBERS TO NONCITIZENS WITH FIANCÉ VISAS

May 2008

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Filed: Citizen (pnd) Country: Romania
Timeline
This is a good source of K-1 and SSN info if you need to brush up on the incorrect info you have been given.

http://www.ssa.gov/oig/ADOBEPDF/audittxt/A-08-07-17044.htm

OFFICE OF THE INSPECTOR GENERAL

SOCIAL SECURITY ADMINISTRATION

ASSIGNMENT OF SOCIAL SECURITY NUMBERS TO NONCITIZENS WITH FIANCÉ VISAS

May 2008

There seems to be lot of arguing between 2 people who basically agree on the same thing, K-1 visa holders are eligible to obtain a social security number.

I looked over a lot of the links and information made available by the SSA, and have come to a conclusion as to the grounds for approval for a K-1 visa holder. The bottom line seems to be that K-1 visa holders are eligible for work after arriving in the US. If you look to RM 00203.500 Employment Authorization for Nonimmigrants, under section C1, it states that K-1 visa holders are eligible to work "without specific DHS authoriazion."

It also stated in the audit report linked in the post above, that:

"Under §205©(2)( B )(i)(I) of the Social Security Act, SSA is required to assign SSNs 'to aliens at the time of their lawful admission to the United States either for permanent residence or under other authority of law permitting them to engage in employment in the United States. . . .' Because Federal law authorizes K 1 visa holders to work incident to their visa status, K 1 visa holders are eligible for SSNs."

I think that the confusion that comes from this issue is due to the scarcity of availability of this information. Not many people seem to know that they can work after entering on a K-1 visa. We received our visa last week, and I don't remember anyone at the embassy informing us that my fiancee could.

Edited by NicoNShawn

Nov 19, 2007 - I-129F Sent to VSC

Nov 21, 2007 - NOA1 Notice Date

Nov 29, 2007 - NOA1 Hardcopy recieved

Dec 11, 2007 - B2 Visa Interview - denied

Dec 23, 2007 - I can't go to Romania, they won't approve her visa, so it's Italy for the holidays! :P

Jan 10, 2008 - My right ankle does a 180, trimalleolar fracture with dislocation, life takes a setback

Feb 17, 2008 - Touch --- meanwhile I begin physical therapy for the ankle

Mar 13, 2000 - Arrive on crutches to spend 2 weeks together in Iasi

Mar 16, 2008 - NOA2

Mar 20, 2008 - NVC Received

Mar 25, 2008 - Package 3 Received

May, 2008 - Doctor clears the ankle, I can go back to work

Jun 16, 2008 - We are reunited again as I take a job in Italy

Jul, 2008 - US Embassy extends our package 3 deadline to November

Sep 10, 2008 - We return to Romania to prepare for visa interview

Sep 15, 2008 - Package 3 Sent

Sep 29, 2008 - K1 Visa Interview - Approved

Oct 9, 2008 - US Entry via JFK

Dec 17, 2008 - Marriage :D

Jan 5, 2009 - AOS files along with Work Authorization and Advanced parole

Jan 13, 2009 - NOA for AOS, work authorization, and advanced parole

Mar 18, 2009 - Case transfered to California Service Center (we moved)

Apr 4, 2009 - Bio Appt

Apr 17, 2009 - EAD approved

Apr 18, 2009 - Adavanced Parole received

Apr 24, 2009 - RFE -- Immunization record smissing

Jun 10, 2009 - USCIS reports receiving RFE reponse

Jul 2, 2009 - Greencard Recieved

Apr 21, 2011 - I-751 Mailed

Apr 26, 2011 - I-751 Check cashed by the USCIS

May 7, 2011 - Biometrics Appointment Notice Recieved

May 25, 2011 - Biometrics Appointment Date

Jul 20, 2011 - I-751 Approved

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If a K-1 is assigned an SSN it's because for SSN purposes SSA considers proof of unexpired K-1 status, i.e. the I-94, work authorization, not because they needed it for bank accounts, health insurance, tax purposes, state IDs.

:yes:

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I looked over a lot of the links and information made available by the SSA, and have come to a conclusion as to the grounds for approval for a K-1 visa holder. The bottom line seems to be that K-1 visa holders are eligible for work after arriving in the US. If you look to RM 00203.500 Employment Authorization for Nonimmigrants, under section C1, it states that K-1 visa holders are eligible to work "without specific DHS authoriazion."

It also stated in the audit report linked in the post above, that:

"Under §205©(2)( B )(i)(I) of the Social Security Act, SSA is required to assign SSNs 'to aliens at the time of their lawful admission to the United States either for permanent residence or under other authority of law permitting them to engage in employment in the United States. . . .' Because Federal law authorizes K 1 visa holders to work incident to their visa status, K 1 visa holders are eligible for SSNs."

I think that the confusion that comes from this issue is due to the scarcity of availability of this information. Not many people seem to know that they can work after entering on a K-1 visa. We received our visa last week, and I don't remember anyone at the embassy informing us that my fiancee could.

The Social Security Agency is not the agency who authorizes any individual to work. Their internal policies (which is all the RM document is, an internal memo for the working of the SSA, not a federal law about which classes of aliens are legally allowed to work) may see a K1 holder as employment authorized for the purpose of obtaining an SSN, but this has no actual bearing on their employment authorization which is granted and maintained by USCIS. People don't seem to realize that these two different branches of the government are responsible for different things. Just because one branch of the government says it's true for their internal policies, doesn't make it true in terms of federal law.

Not many people know that they can work, even less people know that the law says K1 holders must obtain documentary proof of their employment authorization if they wish to see employment.

K-1 Visa Process.

===========

See my timeline

AOS Process

========

01/23/08 - AOS Package mailed to Chicago Lockbox

01/25/08 - NOA1 for I-485, I-765 and I-131

02/15/08 - Biometrics for I-485 and I-765

02/18/08 - I-485 transferred to CSC

02/21/08 - I-485 & I-765 touched

03/11/08 - I-131 approved

03/18/08 - I-765 approved

03/19/08 - EAD arrives

03/20/08 - AP arrives

03/27/08 - I-485 touched

04/11/08 - I-485 touched (case received at CSC)

04/13/08 - I-485 touched

06/07/08 - I-551 Card production ordered

06/13/08 - Welcome Letter arrives

06/16/08 - I-551 Card arrives

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Filed: AOS (pnd) Country: Philippines
Timeline
That is quite incorrect as i PERSONALLY know 3 different couples that DID call the 800 number and the National office DID call the local office and they were able to go a second time and get their SSN number. That is what the 800 number is for. Perhaps you are confusing it with the USCIS 800 number where they dont know what is going on.

So you are saying that you know of 3 people that tried to apply for an SSN and the SSA office turned them away. Then they called 1-800-772-1213 and the agent called the SSA office to tell them they were wrong and the people went back to the SSA office and based on the call made by the 800 number agent the application was accepted?

Yes that is correct. The national office called the local office and explained what the rules are for K1 and the couples went back to the same office and got their SSN card.

Chris

1_948852256l.jpg

Gretchen montage

Davao July 07

our friendster

08/12/08 AOS sent

08/13/08 AOS received

08/15/08 NOA1 received EAD

08/15/08 NOA1 received AOS

08/19/08 Checks cashed

08/23/08 biometrics appt letter

09/09/08 biometrics

10/27/08 EAD approved

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Filed: AOS (pnd) Country: Philippines
Timeline
There seems to be lot of arguing between 2 people who basically agree on the same thing, K-1 visa holders are eligible to obtain a social security number.

I was stating that the local SSA office was incorrect in refusing to give the SSN number when the I-94 was valid and not about to expire in 2 weeks to the OP, though it has happened many times in the past and the couples / SSA had to educate a local office. I was also stating that K1's are eligible for SSN without EAD or AOS or green card, and you didnt need a work reason to get one as I Quit was referencing.

Chris

Edited by chris4gretchen

1_948852256l.jpg

Gretchen montage

Davao July 07

our friendster

08/12/08 AOS sent

08/13/08 AOS received

08/15/08 NOA1 received EAD

08/15/08 NOA1 received AOS

08/19/08 Checks cashed

08/23/08 biometrics appt letter

09/09/08 biometrics

10/27/08 EAD approved

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Filed: Timeline
That is quite incorrect as i PERSONALLY know 3 different couples that DID call the 800 number and the National office DID call the local office and they were able to go a second time and get their SSN number. That is what the 800 number is for. Perhaps you are confusing it with the USCIS 800 number where they dont know what is going on.

So you are saying that you know of 3 people that tried to apply for an SSN and the SSA office turned them away. Then they called 1-800-772-1213 and the agent called the SSA office to tell them they were wrong and the people went back to the SSA office and based on the call made by the 800 number agent the application was accepted?

Yes that is correct. The national office called the local office and explained what the rules are for K1 and the couples went back to the same office and got their SSN card.

I guess it could happen, but knowing the SSA 800 people I still find it very hard to believe that it happened and 3 times.

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