SSN and K-1

[Yuriy 0]

Hi guys, I have a few questions about applying for SSN with a K-1.

1. The SS-5 and the guide here (http://www.visajourney.com/content/ssn) request another form of ID. My wife is new to this country, so she really doesn't have much besides the passport with the visa and i-94. Her son is a K-2, so he has even less. What is commonly used as this "other form of ID" in the application process?

2. As a K-1 she isn't going to be able to work till the EAD application goes through. Visajourney's flowchart, however, suggests we can and should apply for SSN before we file i765, which we file simultaneously with i485. If so, what is the "valid non-work reason" that the SS website says she should need in order to get a SSN.

3. The process for application for a state ID...that happens later on, down the road, after she gets her SSN? Maybe even after she gets the AOS?

[Bernie C 24]

My wife (fianee at the time) just took her passport with the K-1 visa and I-94.

The valid non-work reason is that she is here on a K-1 visa and will be getting married and filing AOS (immigrant reasoning)!!!

If you run into a "clerk" who trys to turn you away - ask for a supervisor. We were lucky and the guy at the SS office knew exactly what he was doing but there are many that don't know all the facets of their jobs very well.

Remember too - don't wait until there are only a few weeks left on the I-94 or you will be stuck waiting till after AOS to apply for the SS Card.

[happywifeymom 4]

Hi guys, I have a few questions about applying for SSN with a K-1.

1. The SS-5 and the guide here (http://www.visajourney.com/content/ssn) request another form of ID. My wife is new to this country, so she really doesn't have much besides the passport with the visa and i-94. Her son is a K-2, so he has even less. What is commonly used as this "other form of ID" in the application process?

****Her marriage certificate and her passport is enough identification to apply for her SSN. The son's passport and I-94 as well will help. Do this before her I-94 expires.

2. As a K-1 she isn't going to be able to work till the EAD application goes through. Visajourney's flowchart, however, suggests we can and should apply for SSN before we file i765, which we file simultaneously with i485. If so, what is the "valid non-work reason" that the SS website says she should need in order to get a SSN.

****Her SSN once issued is a non employment authorized card which means she can't work till she has her EAD.She can not work with just the SS needs to have the EAD.

3. The process for application for a state ID...that happens later on, down the road, after she gets her SSN? Maybe even after she gets the AOS?

***You can get the state id as form of identification but depends state by state.

Please read my answers after your questions.

Edited June 11, 2010 by happywifeymom

[sowmyak 0]

Dear All,

I'm here on a K1 visa and I got married to my fiance on May 20th.I went to the SS office in Columbia MD and the clerk sent me back by saying that I cannot apply for the SSN until I get my EAD. I know this is not the case based on my reading on Visa Journey. I also run the risk of my I-94 expiring in case I wait for my EAD.

Has anybody faced such a problem before? Can I file for my SSN at a different SS office?

Thanks,

Sowmya

[Kathryn41 3,205]

Dear All,

I'm here on a K1 visa and I got married to my fiance on May 20th.I went to the SS office in Columbia MD and the clerk sent me back by saying that I cannot apply for the SSN until I get my EAD. I know this is not the case based on my reading on Visa Journey. I also run the risk of my I-94 expiring in case I wait for my EAD.

Has anybody faced such a problem before? Can I file for my SSN at a different SS office?

Thanks,

Sowmya

Please see my answer in your own thread .

[I'm Gone 60]

Hi guys, I have a few questions about applying for SSN with a K-1.

1. The SS-5 and the guide here (http://www.visajourney.com/content/ssn) request another form of ID. My wife is new to this country, so she really doesn't have much besides the passport with the visa and i-94. Her son is a K-2, so he has even less. What is commonly used as this "other form of ID" in the application process?

There is no other form of ID required. Just the I-94 with your passport and birth certificate is all that you will need. That guide needs to be corrected.

2. As a K-1 she isn't going to be able to work till the EAD application goes through. Visajourney's flowchart, however, suggests we can and should apply for SSN before we file i765, which we file simultaneously with i485. If so, what is the "valid non-work reason" that the SS website says she should need in order to get a SSN.

For SSN purposes SSA considers a K-1 with an unexpired I-94 as work authorized, you will not be applying for a non work authorized SSN.

BTW the child must have an EAD card or wait until the AOS is approved to be assigned an SSN. If you need a number for taxes apply with IRS for a ITIN.

Edited June 13, 2010 by I Quit

[Yuriy 0]

OK, so does this mean:

1) My K1 is legally allowed to work in US right now? Even before she gets an SSN and her i765 approved? The correct answer for her on question 5 on SS5 is legal alien allowed to work?

2) K2 is not allowed to work before his authorization. He is 11. Why am I getting a SSN card for him? (they might ask this) The correct answer for him on SS5, question 5 is "legal alien not allowed to work", is that right?

Instructions for this question say: "5. If you check “Legal Alien Not Allowed to Work” or “Other,” you must provide a document from a U.S.

Federal, State, or local government agency that explains why you need a Social Security number and

that you meet all the requirements for the government benefit."

[I'm Gone 60]

OK, so does this mean:

1) My K1 is legally allowed to work in US right now? Even before she gets an SSN and her i765 approved? The correct answer for her on question 5 on SS5 is legal alien allowed to work?

2) K2 is not allowed to work before his authorization. He is 11. Why am I getting a SSN card for him? (they might ask this) The correct answer for him on SS5, question 5 is "legal alien not allowed to work", is that right?

Instructions for this question say: "5. If you check “Legal Alien Not Allowed to Work” or “Other,” you must provide a document from a U.S.

Federal, State, or local government agency that explains why you need a Social Security number and

that you meet all the requirements for the government benefit."

An individual that entered the United States with K-1 or K-2 status applying for a work authorized Social Security number (SSN) must present evidence at one of our offices 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.

Example: If the immigration document, for example, Form I-94, Form I-551, Form I-766, is used to establish work authorization and identity, the alien must provide another document to establish age.

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, for example, Form I-551, Form I-766, to establish employment authorized status for SSN purposes.

From the first day of entry into the United States, children that have entered with K-2 status must provide a Form I-766 or I-551 to establish employment authorized status for SSN purposes.

RM 10211.420 Employment Authorization for Non-immigrants:

http://policy.ssa.gov/poms.nsf/lnx/0110211420

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

The parent applying on behalf of a minor child also must provide proof of his or her identity. However, a child of any age can sign and submit his or her own application.

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

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

SSA accepts all marriage documents issued within the 50 United States, Washington, D.C., Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana Islands, and American Samoa.

RM 10212.025 Evidence of Name Change based on a US Ceremonial Marriage:

http://policy.ssa.gov/poms.nsf/lnx/0110212025

SSA can accept a name change document based on marriage as evidence of the new name to be shown on the card, if the new name can be derived from the marriage document.

Any of the following changes to the last name, using the names shown on the evidence, are permitted:

-- bride takes the groom’s last name;

-- groom takes bride’s last name;

-- spouse or partner takes the other parties’ last name;

-- spouse or partner takes one part of the other parties’ compound

surname;

-- compound name (with or without hyphen) of each spouse’s or partner’s

original surname for either or both parties

Example:

Lisa Foster submits evidence of the name change event, her US ceremonial marriage to Bryan Lee-Walsh. She wants to change her surname to a compound surname, Foster Lee, with only part of Bryan’s surname. Since this new name can be derived from the prior names shown on the marriage document, the marriage document is acceptable evidence of the new name. We may also change Lisa’s surname to one of the following if she requests it:

-- WALSH,

-- LEE-WALSH (or reverse, with or without space or hyphen),

-- LEE FOSTER (with or without space or hyphen, Foster Lee could also

have a hyphen or not have a space)

-- FOSTER WALSH (or reverse, with or without space or hyphen)

-- FOSTER LEE WALSH (in any order, with or without spaces or hyphens)

The marriage document can also be used as acceptable evidence of identity, if it shows Lisa’s prior name (Lisa Foster) and either her age, birth date, or parents’ names, that matches the data on the SSN record, and the marriage took place within the prior two years.

RM 10212.055 Evidence Required to Process a Name Change on the SSN based on Marriage, Civil Union and Domestic Partnership:

http://policy.ssa.gov/poms.nsf/lnx/0110212055

Generally, a foreign-born person’s legal name is the name shown on his or her immigration document, for example, Form I-766.

When the name shown on the immigration document differs from the name shown on other evidence submitted for an SSN, we process the application in the name on the immigration document as long as the name can be derived from the other evidence, for example, a foreign passport.

If the required documents show clearly different names, we cannot accept the evidence to process the application. In these situations, the applicant must submit evidence showing the same name, or submit evidence of a name change that occurred after the immigration document was issued.

RM 10212.001 Defining the Legal Name for an SSN:

http://policy.ssa.gov/poms.nsf/lnx/0110212001

When requesting an SSN card, the documents presented, as evidence must be either originals or copies certified by the issuing agency. SSA cannot accept uncertified or notarized photocopies as evidence.

If an acceptable evidence document is in a language other than English and no other acceptable document is available, we will have the foreign language document translated by an authorized translator.

SSA translators comprise two groups:

-- Field office and Payment Center employees who volunteer their

services as translators

-- Central Translation Section translators who hold actual translator

positions.

GN 00301.340 Authorized Translators Defined:

http://policy.ssa.gov/poms.nsf/lnx/0200301340

If a foreign-born person has the foreign birth certificate in his/her possession or can easily obtain a copy, he or she must submit it as proof of age. In some situations SSA can accept alternative evidence of age. The alternative evidence of age may be less than a year old, for example, foreign passport.

You can find detailed information regarding evidence that establishes age on the SSA Web site:

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 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 in combination with an

unexpired foreign passport

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.

RM 10210.405 Evidence of Identity for an SSN Card:

http://policy.ssa.gov/poms.nsf/lnx/0110210405

RM 10210.420 List of Documents in Priority of Acceptability for Use as Evidence of Identity:

http://policy.ssa.gov/poms.nsf/lnx/0110210420

SSA cannot accept an application filing receipt or notice of action as evidence of an immigration document, or an immigration document with a “valid from” date in the future.

Take the required documents to the nearest Social Security office or Card Center. Individuals age 12 or older applying for an original SSN and card must apply in person.

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:

http://www.ssa.gov/locator

Applicants who live or receive mail in the Brooklyn, NY, Queens, NY, Phoenix, AZ, Orlando, FL, Sacramento, CA, or Las Vegas, NV area should apply at their local Social Security Card Center.

Individuals residing in the Minneapolis/St. Paul, MN area should apply at the Twin Cities Card Center.

Card Center Information:

http://www.ssa.gov/cardcenters/cardcenterinfo.html

Normally, an SSN card should be received in the mail within two weeks after the application and required 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 (DHS). 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 DHS Status Verification Office (SVO) for manual verification.

Social Security field offices can submit an additional electronic online verification, which with the majority of applications eliminates the need to send a Form G-845 along with a copy of the applicant’s immigration documents.

However, some applications still require a copy of the immigration document(s) to be mailed to the appropriate DHS SVO along with Form G-845 for manual verification.

Note: If the applicant has changed his/her name after an immigration document, for example, Form I-94, was issued, for example, 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, that is, 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.

SSA offices can also assist applicants by issuing a notice acknowledging the SSN application while documents are being verified.

RM 10205.215 Acknowledgement Requested for an Application for an SSN Card:

http://policy.ssa.gov/poms.nsf/lnx/0110205215

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

If ineligible to be assigned an SSN, Social Security offices can provide written notice using Form SSA-L676 to explain that an SSN cannot be assigned due to the applicant not having provided authorization to work in the United States for SSN purposes, or evidence of a valid nonwork reason for needing an SSN.

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.

RM 10211.610 Valid Reasons to Assign an SSN for Nonwork Purposes:

http://policy.ssa.gov/poms.nsf/lnx/0110211610

RM 10211.615 Invalid Nonwork Reasons for SSN Assignment:

http://policy.ssa.gov/poms.nsf/lnx/0110211615

The IRS assigns Individual Taxpayer Identification Numbers 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 Individual Taxpayer Identification Number.

You can download a form W-7 from the IRS Web site:

http://www.irs.gov/formspubs/index.html

You can contact the IRS ITIN office by calling 1-800-908-9982.

You can find additional information on the IRS Web site:

http://www.irs.gov/individuals/article/0,,id=96287,00.html

http://www.irs.gov/pub/irs-pdf/p1915.pdf

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

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_faqid=78

[Yuriy 0]

Most of this technical info has already been read by me, before coming to this forum.

What I want is to make sure I understand it correctly.

Are K-1s authorized to work, before getting their EAD?

Are K-2s not authorized till he gets his EAD, which he applies for at the same time as AOS?

RM 10211.610 Valid Reasons to Assign an SSN for Nonwork Purposes lists no reason that applies to my 11-year old stepson. Does that mean he is not going to be able to get his SSN till AOS? (or EAD actually)

Again, I think I understand the situation right, but I would like to have somebody who knows the right answer say: "Yes".

No applying for SSN for K-2 yet, and K-1 is authorized to work before EAD.

[I'm Gone 60]

Are K-2s not authorized till he gets his EAD, which he applies for at the same time as AOS?

RM 10211.610 Valid Reasons to Assign an SSN for Nonwork Purposes lists no reason that applies to my 11-year old stepson. Does that mean he is not going to be able to get his SSN till AOS? (or EAD actually)

The answer to both of these is Yes.

[Yuriy 0]

The answer to both of these is Yes.

Thank you very much and I appreciate your help!

Hate to bug you for the answer to the remaining question:

Are K-1s authorized to work, before getting their EAD?

Is the answer to that one a bit more complicated?

[I'm Gone 60]

Hate to bug you for the answer to the remaining question:

Are K-1s authorized to work, before getting their EAD?

Is the answer to that one a bit more complicated?

My opinion is no they are not, but there are others on here that swear they are.

There is a whole pinned thread about this:

http://www.visajourney.com/forums/topic/180237-is-a-k1-authorized-to-work-without-an-ead/

[Yuriy 0]

Thought I would share my experience with how it went at the SSN office for the benefit of anybody in the same situation or wondering about the questions above.

The lady looked at my wife's passport and asked "K-1". I confirmed and said I was unsure about one of the questions. The clerk stated, without my prompt: "If it's about question 3, she should put down "legal alien, allowed to work." So she knew that K-1s can get an SSN and even was familiar with some of the dominant concerns they have.

All that was required for the processing was the passport with the visa and i-94, plus the marriage certificate (since we are doing a name change). So it went easy, well and fast.

However, do verify the info when they hand you the sheet. They omitted her birth name, stated her maiden name as the name we wanted on the card and had a couple of errors in name spelling (the latter, mostly due to my wife's handwriting quality , but nonetheless).

The form letter said it may take up to 4 weeks to get our card.

So it looks like at least if you have a K-1 and a passport to prove it, that's all you need really to get a SSN.