How an Individual with a K-1 Status Can Be Assigned a Social Security Number (SSN)

[cassi9879 20]

The "K-1" symbol on your immigration document means you are the fiancé(e) of a U.S. citizen and are authorized to work.

To Apply for a Social Security Number --

Download the form from the following Internet address to apply for a Social Security card: http://www.socialsecurity.gov/online/ss-5.html

or visit any Social Security office to apply for a number and provide original documents showing your age, identity, and lawful alien status (including your permission to work in the U.S.).

Age: We prefer to see your birth certificate. However, we can accept other documents at least one year old, such as your passport.

Show evidence of your identity. The lists of acceptable documents 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. Documents are listed as primary or secondary documents. See reference RM 00203.200E in our Program Operations Manual System at http://policy.ssa.gov/poms.nsf/lnx/0100203200#E4 for these priority lists of documents.

Alien Status: We need to see the document issued to you by the Department of Homeland Security (DHS) when you arrived in the United States, the I-94 showing "K-1," or an employment authorization card issued to you by DHS. The document must be unexpired.

All documents must be either originals or copies certified by the issuing agency. We cannot accept photocopies or notarized copies as evidence because we cannot verify their authenticity. The custodian of the record must certify any copies.

We must verify your documents with DHS before we issue a replacement SSN card. Most of the time, we can quickly verify your documents online with DHS. If DHS can't verify your documents online, it may take longer to issue a card. We are working closely with DHS to minimize delays.

The acceptability of a document must be evaluated on a case-by-case basis, taking into consideration the applicant's situation and exploring what evidence is available for the person.

We suggest that individuals with K-1 status apply for a corrected replacement SSN after marriage to update the SSN record to reflect the married name.

Form SS-5, Application for a Social Security Card, is the appropriate form to request an original SSN.

You can access Form SS-5 on our Web site at the following Internet address:

http://www.socialsecurity.gov/online/ss-5.html

To read and print Form SS-5 at a personal computer, you will need a copy of the Adobe Acrobat Reader software. This software is available free of charge from Adobe's Internet server on their Web site at the address below:

http://www.adobe.com/prodindex/acrobat/readstep.html

Complete the Form SS-5 and take it, along with the required identifying documents, to the nearest Social Security office. Individuals age 12 and over must apply in person at a Social Security office.

You can obtain the address and directions to the nearest Social Security office from the Social Security Office Locator, available on the Internet at the following Web page:

http://www.socialsecurity.gov/locator

You can also request Form SS-5 by calling our toll-free number, 1-800-772-1213.

Our 800-number telephones generally are less busy during the early morning from 7:00 A.M. to 9:00 A.M. and in the late afternoon and evening from 5:00 P.M. to 7:00 P.M. We encourage people to call during these times to avoid busy signals and extended wait times. Our busiest times are during the first week of the month and on Mondays and Tuesdays throughout the month. Some services are available 24 hours a day through the 800 number automated menu.

For more detailed information, visit our Web page at the following Internet address:

http://www.socialsecurity.gov/immigration/

[ready4ONE 5,400]

If you are going to be changing your name after marriage, make sure you do the marriage first, then apply, it will save a world of hassles!

[Jasman0717 9]

I took Claudeth to the social security office two weeks after she was in-country and she received her card a week later.

[pRetTy_aNgeL 1]

I applied for a social security number yesterday and it took just a few minutes. It took a little longer because of the retrieving my file at the immigration. Now I had to wait for the social security card. The lady told me to wait two weeks.

[cassi9879 20]

It's my undertanding that Benny can't get a SSN now until he receives his green card. They say his I-94 can't be expired (it did in December).

[Melrose Plant 1]

It's my undertanding that Benny can't get a SSN now until he receives his green card. They say his I-94 can't be expired (it did in December).

That can't be right. What is "right" seems to be so dependent on how the guy (or gal) at the SS office interprets the regs. Someone above suggested that you get married first to avoid hassles later with a name change. That method didn't work too well for us. I won't tell the whole story now, but I can tell you that you probably will have to wait for Benny's EAD card, but shouldn't have to wait for the Green Card to get a SSN. That's what my wife had to do. She still hasn't got the Green Card yet, but received her SS card several weeks ago.

[payxibka 10,045]

It's my undertanding that Benny can't get a SSN now until he receives his green card. They say his I-94 can't be expired (it did in December).

I-94 must have a minimum of 14 days of validity or the SSA will NOT accept the application.... so the application window for a K-1 is Day 1 to Day 76.

[tallcoolone 102]

If you are going to be changing your name after marriage, make sure you do the marriage first, then apply, it will save a world of hassles!

I am gonna have to disagree.

I took my Fiance to SS office after 10 days after her arrival and got her a SS Card, and she used the number already on some state forms for Texas.

We went back last week to the SS office because we want to get her a card in her married name.

Both times were easy and painless for us.

[DairyFarmer 1]

K1's can still work for the first 90 days according to email I just received from SSA

There is a lot of info here but I included it all, as I like the way it sets out the info for the noobs (like myself) out there.

Thank you for contacting the Social Security Administration regarding your assigned Social Security number (SSN).

The Social Security Administration does not delete, destroy, rescind, inactivate or cancel Social Security numbers once they are assigned. If you have been assigned an SSN it will remain your number throughout your lifetime.

An individual that entered the United States with K-1 status applying for a work authorized replacement SSN card must present evidence at one of our offices to establish his or her identity and current lawful employment authorized status.

We 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 or I-766 to establish employment authorized status for SSN purposes.

RM 00203.500 Employment Authorization for Nonimmigrants:

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500#C1

RM 00203.410 Evidence of Alien Status for an SSN Card for an Alien Lawfully Admitted for Permanent Residence:

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203410

Note: Marriage does not affect an individual with K-1 status's eligibility to be assigned an SSN and/or issued a card.

We 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 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.

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

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 our Website at:

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

We 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, Sacramento, CA 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

Sacramento Card Center

8581 Folsom Blvd. Suite B

Sacramento, CA 95826

Hours: Monday through Friday, 9:30 a.m. until 4:30 p.m.

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.

Our 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.

Individuals can contact the U.S. Citizenship and Immigration Services (CIS) by calling the National Customer Service Center toll-free number, 1-800-375-5283 or visiting a local CIS office.

You can locate CIS offices on their Website at: http://www.uscis.gov/portal/site/uscis

Then select “Service & Benefits.”

Before going into a CIS office individuals first need to make an INFOPASS appointment: http://infopass.uscis.gov

Finding the Status of Your Case: https://egov.uscis.gov/cris/jsps/index.jsp

How Do I...Help My Fiancé(e)Become a Permanent Resident of the United States: http://www.uscis.gov/files/article/A2.pdf

I-485, Application to Register Permanent Residence or Adjust Status:

http://www.uscis.gov/files/form/i-485.pdf

http://www.uscis.gov/files/form/i-485instr.pdf

Application for Employment Authorization: http://www.uscis.gov/files/form/i-765.pdf

http://www.uscis.gov/files/form/I-765instr.pdf

How Do I...Renew or Replace My Permanent Resident Card: http://www.uscis.gov/files/article/B2.pdf

Petition to Remove Conditions on Residence: http://www.uscis.gov/files/form/I-751.pdf

http://www.uscis.gov/files/form/I-751instr.pdf

You can find SSN and employment information on the Internal Revenue Service (IRS) Website at:

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

If ineligible to be issued a replacement card, Social Security offices can provide written notice using Form SSA-L676 to explain that an SSN cannot be assigned due to your 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.

However, you can request an SSN Verification Printout, which will provide you with proof of your SSN and the name that currently appears on the record until you are eligible to be issued an SSN card.

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

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

Edited January 26, 2009 by DairyFarmer

[payxibka 10,045]

K1's can still work for the first 90 days according to email I just received from SSA

Except the SSA is not the agency that has the authority to make that determination. That authority resides with the USCIS.

[DairyFarmer 1]

K1's can still work for the first 90 days according to email I just received from SSA

Except the SSA is not the agency that has the authority to make that determination. That authority resides with the USCIS.

If you read my entire post, (whist I realize it was biblical in size) you would have noted the SSA cites the USCIS.

[annax 0]

K1's can still work for the first 90 days according to email I just received from SSA

Except the SSA is not the agency that has the authority to make that determination. That authority resides with the USCIS.

If you read my entire post, (whist I realize it was biblical in size) you would have noted the SSA cites the USCIS.

Where in the email does it say that? I'm having a bit of trouble finding it. =( Were about to apply for my fiance's card this week, and it would be helpful to know if he's actually allowed to work or not. Especially since the form you fill out has a check box that you have to check indicating whether you are allowed to work or not.

[payxibka 10,045]

K1's can still work for the first 90 days according to email I just received from SSA

Except the SSA is not the agency that has the authority to make that determination. That authority resides with the USCIS.

If you read my entire post, (whist I realize it was biblical in size) you would have noted the SSA cites the USCIS.

Citations limited to:

CIS office locator

Infopass Appointments

Case Status

How to become a Resident

I-485 application

I-765 EAD application

Card Renewal

Card Replacement

Removal of Confitions

[cassi9879 20]

K1's can still work for the first 90 days according to email I just received from SSA

Except the SSA is not the agency that has the authority to make that determination. That authority resides with the USCIS.

The back of Benny's I-94 gave him a 90 day work authorization, which was valid through Dec 15th or so. We were busy moving organizing and wedding planning so we couldn't get the SSN done then.

Edited January 26, 2009 by cassi9879

[Fabio&Mich 0]

I-94 must have a minimum of 14 days of validity or the SSA will NOT accept the application.... so the application window for a K-1 is Day 1 to Day 76.

e

Hi there, it is just my case, I went to today to apply for SSA but my I-94 expires in 13 days. I already got married but, for some reasons, I could not be able to file the AOS. Is there anything I can do, e.g. having a sort of renewal of whatever, to get a SSA? I cannot wait 5 months to get my green card, I am desperate !!!

Please advice.

Thanks.