some questions

[Stepha 0]

Hi everybody,

We are preparing ourselves for the next steps of our journey: after I enter the States. I read some info but I have a few questions.

1) I understand it's better/easier to apply for the SSN before getting married. Can we apply and get married the next day? or should we wait to have the SSN card in hand? My parents will join me in the States and will stay with us only for 2 weeks, so we may not have time to apply for the SSN priory to getting married because we would like to have our parents besides us for the marriage.

How much more difficult can it be when applying for the SSN after our marriage?

2) If I'd like to apply for an internship would I need the SSN and the EAD? I'll be in the State middle of July and I spotted an internship I would be interested in that starts beginning at September. I don't know if I have any chance of getting it taking into consideration my situation with the official papers and the short time. Should I wait for the next internship opening session in January ?

3) When ordering our wedding invitations via an American website we were informed that we would also get a free marriage license and we really got it but should we trust it? Is it valid? For me it's strange to get one just like this..

Thanks,

Stepha

[Bobby+Umit 161]

Hi everybody,

We are preparing ourselves for the next steps of our journey: after I enter the States. I read some info but I have a few questions.

1) I understand it's better/easier to apply for the SSN before getting married. Can we apply and get married the next day? or should we wait to have the SSN card in hand? My parents will join me in the States and will stay with us only for 2 weeks, so we may not have time to apply for the SSN priory to getting married because we would like to have our parents besides us for the marriage.

How much more difficult can it be when applying for the SSN after our marriage?

Yes, get it before marriage. Some states require an SSN for the marriage license. Check for your state.

2) If I'd like to apply for an internship would I need the SSN and the EAD? I'll be in the State middle of July and I spotted an internship I would be interested in that starts beginning at September. I don't know if I have any chance of getting it taking into consideration my situation with the official papers and the short time. Should I wait for the next internship opening session in January ?

You need both to work - not sure if an "internship" is considered work.

3) When ordering our wedding invitations via an American website we were informed that we would also get a free marriage license and we really got it but should we trust it? Is it valid? For me it's strange to get one just like this..

hm-mm - are you sure they are not offering a copy of the license (suitable for framing) - no company I know of in the states can offer marriage licenses that allow you to marry - you get that from your State government.

Thanks,

Stepha

Edited April 16, 2009 by Bobby_Umit

[I'm Gone 60]

Hi everybody,

2) If I'd like to apply for an internship would I need the SSN and the EAD? I'll be in the State middle of July and I spotted an internship I would be interested in that starts beginning at September. I don't know if I have any chance of getting it taking into consideration my situation with the official papers and the short time. Should I wait for the next internship opening session in January ?

You need both to work - not sure if an "internship" is considered work.

Delays in Issuing SSNs to Aliens by the Social Security Administration

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

There is no federal law administered by any federal agency which prohibits the hiring of a person based solely on the fact that the person does not have a Social Security Number (SSN). Similarly, there is no federal law which prohibits the making of a payment to a person based solely on the fact that the person does not have an SSN.

However, there are federal laws and regulations which require the reporting of a payee's TIN (Taxpayer Identification Number--SSN or ITIN) on federal information returns and payee statements such as forms W-2, 1099, 1042-S, etc. In addition, federal regulations require (with a few exceptions) that all tax treaty claims made on Forms 8233, W-8BEN, or W-9 be accompanied by the beneficial owner's TIN.

The IRS is quite aware of the Social Security Administration's procedures effective since 09-30-2002 about not issuing an SSN to any alien for whom it cannot confirm his identity and immigration status from the USCIS (United States Citizenship and Immigration Services—formerly the INS). In addition, the IRS is quite aware of the potential delays in securing an SSN which these procedures may cause some aliens. Furthermore, in the situation in which an alien is work-authorized under the immigration law and has met the Social Security Administration's evidence requirements for an SSN, but who is experiencing delays in securing an SSN caused by the SSA's procedures, the IRS will not generally issue an ITIN (Individual Taxpayer Identification Number) to such an alien.

With respect to IRS penalties related to the payer's failure to furnish a payee TIN on an information return and on a payee statement, the fact that the payer does not have a payee TIN to report solely because the SSA is delaying an issuance of an SSN, or cannot issue an SSN, to a work-authorized alien because of its procedures, will cause the IRS to be quite favorable toward considering this situation one in which "reasonable cause" exists for not asserting such penalties. The payer should keep documentation to show that his failure to supply a payee TIN on Form W-2 or Form 1099 or Form 1042-S is caused solely by the SSA's procedures for issuing SSN's to aliens.

Any withholding agent (with certain exceptions) who receives a Form 8233, W-8BEN, or W-9 without a payee TIN for the purpose of claiming a tax treaty benefit is not allowed to grant such tax treaty benefit until he receives a proper Form 8233, W-8BEN, or W-9 which does report the payee's TIN. However, a form 8233 or W-8BEN without a payee TIN is still valid for the purpose of declaring that the payee is a foreign person, subject to the withholding and reporting rules which apply to payments made to foreign persons.

The IRS cannot speak to the issue of potential penalties which could be imposed by other federal, state, or local agencies for the failure of an employer or payer to report a payee's TIN on any required documents, except to note that the filing of the immigration Form I-9 without an SSN does not constitute grounds, in and of itself, to reject the validity of the Form I-9. If an alien employee can prove his work-eligibility with documents listed on Form I-9 other than a U.S. social security card, then the alien's Form I-9, even though submitted without an SSN, is valid under the immigration law.

[tinyrosie 0]

Hi everybody,

We are preparing ourselves for the next steps of our journey: after I enter the States. I read some info but I have a few questions.

1) I understand it's better/easier to apply for the SSN before getting married. Can we apply and get married the next day? or should we wait to have the SSN card in hand? My parents will join me in the States and will stay with us only for 2 weeks, so we may not have time to apply for the SSN priory to getting married because we would like to have our parents besides us for the marriage.

How much more difficult can it be when applying for the SSN after our marriage?

If you apply after marriage, means you can apply under your married name (assume you change your last name after you are married). But still you need to go back to SSN office after you receive your EAD to change your SSN status (from "not allowed to work" to "allowed to work"). I applied for my SSN before getting married (and received the card few weeks after we got married), and went back to SSN office to change my last name and work permit status altogether after I received my EAD. So either way, you need to go to SSN office twice.

2) If I'd like to apply for an internship would I need the SSN and the EAD? I'll be in the State middle of July and I spotted an internship I would be interested in that starts beginning at September. I don't know if I have any chance of getting it taking into consideration my situation with the official papers and the short time. Should I wait for the next internship opening session in January ?

I am not very sure if about unpaid internship. But if it is paid internship, you definetely need EAD. Otherwise you would be considered working illegally (and I don't think the employer would hire you if they knew you have no working permit by the time you need to start working for them).

3) When ordering our wedding invitations via an American website we were informed that we would also get a free marriage license and we really got it but should we trust it? Is it valid? For me it's strange to get one just like this..

As far as I know, the couple must apply for their marriage license themselves (that's what I and my husband did here in Texas). Although I read online that some states allow you to apply in advance by mail but still need to show up to pick up the license. I suggest you do a little research about the law in the state where you want to get married.

Thanks,

Stepha

[Nich-Nick 3,354]

3) When ordering our wedding invitations via an American website we were informed that we would also get a free marriage license and we really got it but should we trust it? Is it valid? For me it's strange to get one just like this..

You can only get a marriage license from the state where you will marry, normally at the county courthouse nearest you. Then your marriage must be registered back with the county to get a legal official and certified marriage certificate. You don't have to marry in the state where you live, but you will have to get the marriage license under the laws for the state where you marry. Example: You live in Iowa but go get married in Las Vegas...the Nevada marriage laws apply. Your marriage is still recognized by USCIS and your home state of Iowa.

I think the invitation company was offering a pretty certificate with your names and date of marriage, but it is only for display, not for legal purposes. A legal marriage certificate will be stamped, or embossed by county government office handling marriage records.

[Stepha 0]

Thank you guys for your replies.

I'll take your advice and apply for SSN before getting married to avoid further problems.

It would be an unpaid internship but still I read on the forum that I may have problems if I don't have my EAD, so I'll leave it aside for the time being, hoping for another internship in January.

You were right - the marriage license we received from the wedding invitation selling company had no legal value.

[iLoveAPolishGirl 0]

Note: an EAD is not required for K-1 visa holders as per the SSA... the the link in my sig below ... although it may be optionally required by the employer. I'm not sure if/how delay in receiving an SSN may affect this though.. the post by I Quit didn't make that totally clear to me.