Applying SSN after I-130 approved

[visacheck 3]

can anybody tell me why K1 visa holders are allowed to apply for SSN while B2 visa holders with approved I-130 are not allowed to apply for SSN?

Edited April 9, 2009 by visacheck

[TayRivers 4]

can anybody tell me why K1 visa holders are allowed to apply for SSN while B2 visa holders with approved I-130 are not allowed to apply for SSN?

I-130 is not a visa to enter or remain in the USA. It is the 1st step in getting a immigrants visa or doing AOS from within the US. If you had filed the I-130 along with the I-485 then you would have had your EAD by now and would have been able to get a SSN.

K1 visa holders are allowed to apply for a SSN because some states require a SSN in order for people to get married.

[visacheck 3]

can anybody tell me why K1 visa holders are allowed to apply for SSN while B2 visa holders with approved I-130 are not allowed to apply for SSN?

I-130 is not a visa to enter or remain in the USA. It is the 1st step in getting a immigrants visa or doing AOS from within the US. If you had filed the I-130 along with the I-485 then you would have had your EAD by now and would have been able to get a SSN.

K1 visa holders are allowed to apply for a SSN because some states require a SSN in order for people to get married.

I am aware that I-130 is not a visa to enter the USA. Isnt I-129f also just the first step in getting an immigrant visa or doing AOS within the US?! So what your saying is that K1 holders or Fiancee of US citizens are given SSN so they can get married, while Spouses of US citizens with approved I-130 are not given SSN because they are already married?! People can use SSN for a lot of things, it can be used to open bank accounts, apply for a credit card or lease an apartment. I think SSA should update the categories that are allowed to get SSN.

[TayRivers 4]

can anybody tell me why K1 visa holders are allowed to apply for SSN while B2 visa holders with approved I-130 are not allowed to apply for SSN?

I-130 is not a visa to enter or remain in the USA. It is the 1st step in getting a immigrants visa or doing AOS from within the US. If you had filed the I-130 along with the I-485 then you would have had your EAD by now and would have been able to get a SSN.

K1 visa holders are allowed to apply for a SSN because some states require a SSN in order for people to get married.

I am aware that I-130 is not a visa to enter the USA. Isnt I-129f also just the first step in getting an immigrant visa or doing AOS within the US?! So what your saying is that K1 holders or Fiancee of US citizens are given SSN so they can get married, while Spouses of US citizens with approved I-130 are not given SSN because they are already married?! People can use SSN for a lot of things, it can be used to open bank accounts, apply for a credit card or lease an apartment. I think SSA should update the categories that are allowed to get SSN.

If you had follwed the USCIS guidelines for filing concurent I-130 and AOS then you would have been well on your way to getting the EAD and then applying for a SSN, for whatever reason you did not file concurently and now you will have to wait much longer for the EAD and the SSN that you would have. You should be glad that the immigration law allows you to file for AOS when your spouse did not enter on a K1 or K3/CR1 visa. If it did not then you would have had to wait for that SSN that you seek until you had completed the process and entered the US.

Most banks request a SSN to open an account but you dont need one, You just need to complete a form W8 as a non-resident alien and you then provide them with a SSN once you become a resident alien.

[I'm Gone 60]

can anybody tell me why K1 visa holders are allowed to apply for SSN while B2 visa holders with approved I-130 are not allowed to apply for SSN?

That's the rules.

422.104 Who can be assigned a social security number.

http://www.ssa.gov/OP_Home/cfr20/422/422-0104.htm

a) Persons eligible for SSN assignment. We can assign you a social security number if you meet the evidence requirements in §422.107 and you are:

2) An alien lawfully admitted to the United States for permanent residence or under other authority of law permitting you to work in the United States

(3) An alien who cannot provide evidence of alien status showing lawful admission to the U.S., or an alien with evidence of lawful admission but without authority to work in the U.S., if the evidence described in §422.107(e) does not exist, but only for a valid nonwork reason.

You do not have proof of permanent resident status or a work authorization document and I assume you don't have a valid non work reason for needing an SSN. SSA considers a K-1 with an unexpired I-94 as having authorization to work.

[I'm Gone 60]

People can use SSN for a lot of things, it can be used to open bank accounts, apply for a credit card or lease an apartment.

That's not SSA's problem.

RM 00201.005 Program Use of the Social Security Number (SSN)

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100201005

Program use is any use of the SSN solely to maintain individual records under the Social Security program. Program uses include:

-- Maintaining earnings records of individuals whose work is covered under the Social Security Act, and

-- Controlling claims on, and payments made under, the Social Security Act.

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

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

The Social Security number was originally devised to keep an accurate record of each individual’s earnings, and to subsequently monitor benefits paid under the Social Security program. However, use of the number as a general identifier has grown to the point where it is the most commonly used and convenient identifier for all types of record-keeping systems in the United States.

Specific laws require a person to provide his/her number for certain purposes. While we cannot give you a comprehensive list of all situations where a number might be required or requested, a Social Security number is required/requested by:

* Internal Revenue Service for tax returns and federal loans;

* Employers for wage and tax reporting purposes;

* States for the school lunch program;

* Banks for monetary transactions;

* Veterans Administration as a hospital admission number;

* Department of Labor for workers’ compensation;

* Department of Education for Student Loans;

* States to administer any tax, general public assistance, motor vehicle or drivers license law within its

jurisdiction;

* States for child support enforcement;

* States for commercial drivers’ licenses;

* States for Food Stamps;

* States for Medicaid;

* States for Unemployment Compensation;

* States for Temporary Assistance to Needy Families; or

* U.S. Treasury for U.S. Savings Bonds

The Privacy Act regulates the use of Social Security numbers by government agencies. When a federal, state, or local government agency asks an individual to disclose his or her Social Security number, the Privacy Act requires the agency to inform the person of the following: the statutory or other authority for requesting the information; whether disclosure is mandatory or voluntary; what uses will be made of the information; and the consequences, if any, of failure to provide the information.

If a business or other enterprise asks you for your number, you can refuse to give it. However, that may mean doing without the purchase or service for which your number was requested. For example, utility companies and other services ask for a Social Security number, but do not need it; they can do a credit check or identify the person in their records by alternative means.

Giving your number is voluntary, even when you are asked for the number directly. If requested, you should ask why your number is needed, how your number will be used, what law requires you to give your number and what the consequences are if you refuse. The answers to these questions can help you decide if you want to give your Social Security number. The decision is yours.

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The Internal Revenue Service (IRS) assigns Individual Taxpayer Identification Numbers (ITINs), not the Social Security Administration. The IRS assigns ITINs to certain nonresident and resident aliens, their spouses and dependents. You can use an ITIN for Federal tax purposes only. You cannot use it to work. Only non-citizens who are ineligible for a Social Security number can get an ITIN.

If you apply for a Social Security number and we cannot currently assign one to you, we will send you a letter of explanation in the mail. If we cannot assign you a Social Security number and you need an ITIN, you will need to file Form W-7 with the IRS.

Edited April 10, 2009 by I Quit