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Filed: K-1 Visa Country: Australia
Timeline
Posted

Hi all,

i arrived in the States on a K1Visa on June 5-06 I was married on the 28June. On the 7th July i went in to my local SSOffice in Philly to apply for my SSN, (there they insisted it was actually a SSCard not SSNumber). I was informed that before i could apply for a SSN, i first needed to adjust my status. This was news to me and i later contacted the SSN help line to verify what i had been told earlier was correct, unfortunately all they told me was to visit my local SSOffice and discuss it with them, (and then they hung up on me).

So my questions are: is that right that i need to file my AOS and have it processed before applying for my SSN?, or if not,has anybody out there had a similiar problem and how did you sort it out?

Thanks frailer

PS: While this is our first post, my darling new wife and i , have found this site to be an indispensible resource on our K1visa journey.

Posted
Hi all,

i arrived in the States on a K1Visa on June 5-06 I was married on the 28June. On the 7th July i went in to my local SSOffice in Philly to apply for my SSN, (there they insisted it was actually a SSCard not SSNumber). I was informed that before i could apply for a SSN, i first needed to adjust my status. This was news to me and i later contacted the SSN help line to verify what i had been told earlier was correct, unfortunately all they told me was to visit my local SSOffice and discuss it with them, (and then they hung up on me).

So my questions are: is that right that i need to file my AOS and have it processed before applying for my SSN?, or if not,has anybody out there had a similiar problem and how did you sort it out?

Thanks frailer

PS: While this is our first post, my darling new wife and i , have found this site to be an indispensible resource on our K1visa journey.

They were wrong, you don't have to wait for AOS if you apply within 76 days of arrival.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Filed: Timeline
Posted

An individual with K-1 status applying for a work authorized SSN must present evidence 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.

SSA 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 with K-1 status has been in the United States 76 days he or she will need another document, i.e. I-551, I-688B or I-766 to establish employment authorized status for SSN purposes.

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

Suggest that individuals apply for a corrected SSN card to update the SSN record when there has been a name change due to marriage.

The applicant may submit either:

-- One legal name change document showing both the old and new names

(e.g., a court order for a name change or a marriage document). The

document must also show either (1) a description or photograph of

the person or (2) biographical information that can be compared with

the Numident data; or

-- When the name change document does not show either a photograph of

the person or biographical information that can be compared with the

Numident data, then, in addition to the name change document, the

applicant must also submit two acceptable identity documents. One

of the submitted identity documents must show the old name (the name

on the latest SSN record) AND the other submitted identity

document must show the new name (the name to be shown on the

corrected SSN card). The identity documents submitted must show

either a photograph of the applicant or provide biographical

information that can be compared with the Numident (SSN record)

data.

In all 50 U.S. States (this means the 50 States, Washington, D.C., Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana Islands, and American Samoa) the bride may take her husband's last name (surname or family name) as her new last name. (EXAMPLE: Jane Doe married John Jones and she may change her name to Jane Jones.)

Interim Guidance: If the bride wants to take her husband’s last name, accept the marriage document as a legal name change for the bride if the new name can be derived from the marriage document; even if the marriage document only shows each partner’s first names, the bride’s prior surname and husband’s surname.

Note: For a marriage document or marriage record to be acceptable as an identity document it must show, in addition to the applicant’s name, either the applicant’s age, date of birth or parents’ names and the marriage document alone can be accepted as evidence of identity for both the old and new names when it meets this standard.

When issuing immigration documents, the Department of State and Department of Homeland Security issue them in the person’s legal name. The legal name is also generally the name in which the foreign passport was issued.

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) that occurred after the immigration document was issued.

This is in addition to proof of current lawful employment authorized status.

You can find detailed information regarding changing SSN record (Numident) data on the SSA Website at:

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. SSA will not 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

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, SSA 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.

Any document used to establish identity must meet the following criteria:

-- The document provides information the reviewer can compare with the

data on the form SS-5 (e.g., the person's name, as well as age, date

of birth, or parents' names) and/or

-- The document provides information the reviewer can compare with the

applicant (e.g., physical description, photograph).

NOTE: A non-picture identity document should have the person's name as well as information that can be compared to the SSN record, the applicant or other documents submitted (e.g., age, date of birth, or parents' names).

However, the acceptability of an identity document must be evaluated on a case by case basis by the office processing the application, taking into consideration the applicant's situation and exploring what evidence is available for the person.

You can find detailed information regarding evidence that

establishes identity on the SSA Website at:

http://policy.ssa.gov/poms.nsf/lnx/0100203200#E6

SSA will not accept an application filing receipt or notice of action as proof of current lawful employment authorized status.

Form SS-5, “Application for a Social Security Card,” is the appropriate form to request an original SSN and card or corrected card.

You can request Form SS-5 by calling the SSA toll-free number, 1-800-772-1213 or it can be accessed on the SSA Website at:

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

Have your spouse complete the Form SS-5 and take it along with 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.

When an alien requests an SSN or replacement/corrected SSN card, SSA will verify his or her documents and current status with the appropriate Bureau of the Department of Homeland Security. If verification is not available through the Systematic Alien Verification for Entitlements (SAVE) system, SSA will send Form G-845 for manual verification.

RM 00203.720 Verifying Immigration Documents:

http://policy.ssa.gov/poms.nsf/lnx/0100203720

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.

All cards are mailed from Social Security Headquarters in Baltimore, Maryland to the postal address provided on the Form SS-5.

You may find additional SSN and employment information on the Internal Revenue Service Website at:

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

If not eligible 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 your spouse not having provided authorization to work in the U.S. 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

The IRS assigns individual taxpayer identification numbers (ITIN) 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 ITIN.

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

If you want to complain about the SSA 800# rep hanging up on you write to:

Donnell Adams, Associate Commissioner

Office of Telephone Services

6401 Security Blvd

4845 Annex Bldg

Baltimore, MD 21235

Filed: K-1 Visa Country: Australia
Timeline
Posted

hullo again, thanks for the prompt replies. i know that i had all the right documents with me. I was sure the officer at my local SSOffice had it wrong and when i gently suggested as much, was assured that her info was correct. i think that rather than return to that same office, (as was suggested by the phone helpline), i will try a different SSO and hope for a different outcome. My experiences with officials, on the phone or in person, has been, in the main, unsatisfactory,- their impatience and curtness takes some getting used to.

thanks again frailer

Filed: Timeline
Posted
hullo again, thanks for the prompt replies. i know that i had all the right documents with me. I was sure the officer at my local SSOffice had it wrong and when i gently suggested as much, was assured that her info was correct. i think that rather than return to that same office, (as was suggested by the phone helpline), i will try a different SSO and hope for a different outcome. My experiences with officials, on the phone or in person, has been, in the main, unsatisfactory,- their impatience and curtness takes some getting used to.

If you get jerked around again ask for the office manager.

Filed: Citizen (apr) Country: Thailand
Timeline
Posted

Good luck! :thumbs:

K-1 Timeline

11-29-05: Mailed I-129F Petition to CSC

12-06-05: NOA1

03-02-06: NOA2

03-23-06: Interview Date May 16

05-17-06: K-1 Visa Issued

05-20-06: Arrived at POE, Honolulu

07-17-06: Married

AOS Timeline

08-14-06: Mailed I-485 to Chicago

08-24-06: NOA for I-485

09-08-06: Biometrics Appointment

09-25-06: I-485 transferred to CSC

09-28-06: I-485 received at CSC

10-18-06: AOS Approved

10-21-06: Approval notice mailed

10-23-06: Received "Welcome Letter"

10-27-06: Received 2 yr Green Card

I-751 Timeline

07-21-08: Mailed I-751 to VSC

07-25-08: NOA for I-751

08-27-08: Biometrics Appointment

02-25-09: I-751 transferred to CSC

04-17-09: I-751 Approved

06-22-09: Received 10 yr Green Card

N-400 Timeline

07-20-09: Mailed N-400 to Lewisville, TX

07-23-09: NOA for N-400

08-14-09: Biometrics Appointment

09-08-09: Interview Date Oct 07

10-30-09: Oath Ceremony

11-20-09: Received Passport!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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