Please forgive me but I am confused about I-94 and SS # issues

Matt_Stevens · July 27, 2006

OK, I did read the guides, so let's get that out of the way. But I am terily confused because the local SS office says they cannot help us until we get an I-94 and a workers approval form, but how do we do that?

The facts:

1. My fiancee is from Vietnam, she arrived yesterday under a K1 and has no worker stamp (or whatever it is called) in her I-94 paper attached to her passport.

2. Local SS office says she needs approval to work in the USA before they can start the process of getting her a SS#.

So what do we do? I am sorry, but I do not understand what we are supposed to do.

How do I get a marriage license without a SS#?!?!?!

Can someone please take the time to expain to me what I need to do. I READ THE GUIDES AND FAQ'A already! They were just confusing.

ladybutterfly · July 27, 2006

You can apply for her SSN as long as she has the I-94. It wont enable her to work but you can use it to open a bank account and things. As for the marriage licence, you dont need an SSN for that.

I'm Gone · July 28, 2006

SSA will not assign an SSN or issue a card if her status has expired or is within 14 days of expiring.

K-1 status is good for 90 days, so that only gives her 76 days to be

assigned an SSN and issued a card. After that time she will need an EAD

or I-551 card to establish authorization to work. Before that time the

I-94 showing K-1 status is the document that establishes authorization

to work for SSN purposes.

The status/documents of all aliens must be verified before SSA will

assign an SSN and/or issue a card and the 14 day limit applies even if

she passes the 76th day while waiting for her status to be verified.

The SSA office will try to verify her status through the SAVE system

while she is in the office. If they can't, they will send a form G-845

to immigration for manual verification. This could delay the assigning

of an SSN and/or issuing a card for weeks and some times months.

If the SSA office does send the G-845, suggest that she go back to the

SSA office no more than once a week with your documents to (1) ask them

to check SAVE again (2) ask if they sent a G-845 (3) if yes, did it come

back (4) after 30 days ask if they have followed up on the G-845 by

calling or sending another mark "second request."

------------------------------------------------------------------------------------------------

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

RM 00203.720 Verifying Immigration Documents

------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203735

RM 00203.735 Requesting Online (Primary) Verification By SAVE

-----------------------------------------------------------------------------------------------

After having waited at least 30 days and your local SSA office doesn't

seem concerned about following up on the G-845 she can try contacting

the SSA Regional Office (RO) responsible for your state:

http://www.ssa.gov/pressoffice/natlpocontacts.html

Refer them to this:

http://policy.ssa.gov/poms.nsf/lnx/0100203740

RM 00203.740 Requesting Additional (Manual) Verification By DHS

B. PROCEDURE – HOW TO REQUEST MANUAL VERIFICATION

STEP 6

DHS should respond to SSA within 15 federal work days after receiving

the Form G-845. If DHS does not respond within 15 federal work days from

the receipt of the G-845 from SSA, follow-up with the DHS, USCIS

Immigration Status office. (Allow 15 days plus five additional federal

work days of mail time for the G-845 to be received at and returned from

DHS.

Follow local practice to follow-up with DHS. Some SSA offices have an

arrangement with the DHS, USCIS office to telephone for the follow-up

contact; other SSA offices send a copy of the original G-845 annotated

“second request.”) If the DHS response is still not received within 15

federal work days after the follow-up contact (if the follow-up is by

mail allow five additional federal work days of mail time for the G-845

to be received at and returned from DHS), make a second follow-up

contact. If the DHS response is not received within 15 federal workdays

(again, if the follow-up is by mail, allow five additional federal work

days of mail time for the G-845 to be received at and returned from

DHS), after two follow-ups, contact the RO. Also report to the RO any trend that shows a serious

deviation by DHS from the above time frames. The RO will consult with central office.

------------------------------------------------------------------------------------------------

Suggest that she take her birth certificate, passport and I-94 when

going to apply. That should cover age, identity and work authorized alien status.

-----------------------------------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203500

RM 00203.500 Employment Authorization for Nonimmigrants

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 lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from DHS. The alien's I-94 will not have the DHS employment authorization stamp

and the alien will not have an EAD.

K-1 Fiance(e) of U.S. citizen

-----------------------------------------------------------------------------------------------------------------------------

Go back and ask for the office manager if the service rep says that she needs an EAD card and won't accept the application.

Canuck Carrie · July 28, 2006

You might want to give it 10-14 days before heading to the office again, they need time to enter her into the SAVE system.

Matt_Stevens · July 28, 2006

OK, thanks everyone. But I am still terribly confused. Sometimes these things make me feel really quite stupid. I still do not understand how exactly to apply for my fiancee's Employment authorization. The 00203.500 page is incredibly confusing, with no direct links to a form to fill out.

Some are saying we do not need that to get her a SSN and others are saying we DO need to do that. The Guide here does not give specific information on how to do this. Calling the Department of Homeland Security or the local SS office just gers me more upset because they all say something different and do not know how I need to go about this. While I read here that we do not need that worker's authorization thing, the local SS office says we do. And she is in charge there!!!! ?????? See what I mean? The people in our government don't even know what to do!

Why is this so hard?!?! Someone here doing the K1 route must have gone through this process already and must be able to shed some light on this without giving me a link to a confusing website.

Please, I HAVE read and read and read and read this website over and over. But having severe dyslexia, at times this is overwhelming. Please forgive me, but I am just lost and growing beyond frustrated.

Edited July 28, 2006 by Matt_Stevens

Canuck Carrie · July 28, 2006

You do not need an EAD to get her SSN, unfortunately some SSN offices don't seem to know this.

Print this out (link compliments of mdyoung), bring it with you when you go back to the office. You want to draw their attention to section C 1, Class of Admission. Their own 'rules' state a K1 is entitled to a SSN even though they don't generally have an EAD.

This is the SSN application form.

But again, give it a week or 2 before going back so she is hopefully entered into the SAVE system, I waited exactly 14 days, some have been lucky with less.

Mand · July 28, 2006

Matt, mdyoung's is the BEST info on how to go about getting your fiance's SSN. Just print it out and go through it slowly. It does make sense and takes you through all the how to's and what not's.

As for the 'worker's permit" which we'll now refer to as the EAD (employment authorization document) from here on in, your fiance will apply for this at the same time she applies for AOS (adjustment of status).

Here's mdyoung's guidelines with highlights. There are links posted into it also, these are official documents that you may need to print out and bring to the Social Security office to show that your fiance is entitled to a SSN.

*************************************************************************

SSA will not assign an SSN or issue a card if her status has expired or is within 14 days of expiring.

K-1 status is good for 90 days, so that only gives her 76 days to be

assigned an SSN and issued a card. After that time she will need an EAD

or I-551 card to establish authorization to work. Before that time the

I-94 showing K-1 status is the document that establishes authorization

to work for SSN purposes.

The status/documents of all aliens must be verified before SSA will

assign an SSN and/or issue a card and the 14 day limit applies even if

she passes the 76th day while waiting for her status to be verified.

The SSA office will try to verify her status through the SAVE system

while she is in the office. If they can't, they will send a form G-845

to immigration for manual verification. This could delay the assigning

of an SSN and/or issuing a card for weeks and some times months.

If the SSA office does send the G-845, suggest that she go back to the

SSA office no more than once a week with your documents to (1) ask them

to check SAVE again (2) ask if they sent a G-845 (3) if yes, did it come

back (4) after 30 days ask if they have followed up on the G-845 by

calling or sending another mark "second request."------------------------------------------------------------------------------------------------

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

RM 00203.720 Verifying Immigration Documents

------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203735

RM 00203.735 Requesting Online (Primary) Verification By SAVE

-----------------------------------------------------------------------------------------------

After having waited at least 30 days and your local SSA office doesn't

seem concerned about following up on the G-845 she can try contacting

the SSA Regional Office (RO) responsible for your state:

http://www.ssa.gov/pressoffice/natlpocontacts.html

Refer them to this: