SSN for K-1

[Oiraesesse 0]

Hi Everyone,

My fiance has been here for a little over 3 weeks now and he is going to the SSA office tomorrow to apply for a SSN. I've read multiple times that it's very important to get the SSN as soon as possible because 14 days before the 90 day marriage period ends, he can no longer apply for an SSN until he gets his EAD and/or GC. I have also seen that many people will try to tell him that he is not eligible for a SSN until he is married. We are getting married 12/5/10, about 2 months and a week after his arrival. We don't really want to be stuck in a time crunch after the marriage so now seems like the best time.

With all that said, my main question is, is there anything we can cite or reference to the people at the SSA office in case they try to argue with him? I'm not sure if USCIS lists anything like this on their website or anything. Also, I'd be curious to hear you guys' experiences with Central Massachusetts (he'll be going to the SSA office in Worcester). If anyone has any insight it would be greatly appreciated.

Thank you very much!

Trish

[Barbara J 115]

Hi Everyone,

My fiance has been here for a little over 3 weeks now and he is going to the SSA office tomorrow to apply for a SSN. I've read multiple times that it's very important to get the SSN as soon as possible because 14 days before the 90 day marriage period ends, he can no longer apply for an SSN until he gets his EAD and/or GC. I have also seen that many people will try to tell him that he is not eligible for a SSN until he is married. We are getting married 12/5/10, about 2 months and a week after his arrival. We don't really want to be stuck in a time crunch after the marriage so now seems like the best time.

With all that said, my main question is, is there anything we can cite or reference to the people at the SSA office in case they try to argue with him? I'm not sure if USCIS lists anything like this on their website or anything. Also, I'd be curious to hear you guys' experiences with Central Massachusetts (he'll be going to the SSA office in Worcester). If anyone has any insight it would be greatly appreciated.

Thank you very much!

Trish

Good luck and take with you your ID for him passport and visa .It's always good to wait a few weeks before applying as then you know he will be in the system. I got mine after we were married but then I married 1 week after arrival as I was late getting back here. All k1 can apply for a ssn hopefully you wont have any issues.

[baron555 934]

Hi Everyone,

My fiance has been here for a little over 3 weeks now and he is going to the SSA office tomorrow to apply for a SSN. I've read multiple times that it's very important to get the SSN as soon as possible because 14 days before the 90 day marriage period ends, he can no longer apply for an SSN until he gets his EAD and/or GC. I have also seen that many people will try to tell him that he is not eligible for a SSN until he is married. We are getting married 12/5/10, about 2 months and a week after his arrival. We don't really want to be stuck in a time crunch after the marriage so now seems like the best time.

With all that said, my main question is, is there anything we can cite or reference to the people at the SSA office in case they try to argue with him? I'm not sure if USCIS lists anything like this on their website or anything. Also, I'd be curious to hear you guys' experiences with Central Massachusetts (he'll be going to the SSA office in Worcester). If anyone has any insight it would be greatly appreciated.

Thank you very much!

Trish

You can get the SSN the day after they enter at POE, if you want. No marriage required. Dowmload the interoffice memo found on the VJ Guides portion on how to obtain a SSN and go to their office. All they need is their passport with the visa and I-94 in it. Talk with a supervisor if the clerk doesn't have a clue or tells you something different. Should recieve it in the mail within 10 days. Hurry go now.

[Perry 0]

You can get the SSN the day after they enter at POE, if you want. No marriage required. Dowmload the interoffice memo found on the VJ Guides portion on how to obtain a SSN and go to their office. All they need is their passport with the visa and I-94 in it. Talk with a supervisor if the clerk doesn't have a clue or tells you something different. Should recieve it in the mail within 10 days. Hurry go now.

Here are the links to make it easier for you:

The interoffice memo --> http://www.kamya.com/ssn/em00154.pdf

The SSN application --> http://www.ssa.gov/online/ss-5.pdf

thanks for the info Phil

[Oiraesesse 0]

Thank you guys for your responses!

[Gary and Alla 3,694]

Hi Everyone,

My fiance has been here for a little over 3 weeks now and he is going to the SSA office tomorrow to apply for a SSN. I've read multiple times that it's very important to get the SSN as soon as possible because 14 days before the 90 day marriage period ends, he can no longer apply for an SSN until he gets his EAD and/or GC. I have also seen that many people will try to tell him that he is not eligible for a SSN until he is married. We are getting married 12/5/10, about 2 months and a week after his arrival. We don't really want to be stuck in a time crunch after the marriage so now seems like the best time.

With all that said, my main question is, is there anything we can cite or reference to the people at the SSA office in case they try to argue with him? I'm not sure if USCIS lists anything like this on their website or anything. Also, I'd be curious to hear you guys' experiences with Central Massachusetts (he'll be going to the SSA office in Worcester). If anyone has any insight it would be greatly appreciated.

Thank you very much!

Trish

You do not have to be married. Alla appied for her SSN 16 hours after arriving and had her NUMBER in less than 48 hours from arrival and her card in hand 6 days after arrival.

DO NOT Leave until you speak with someone that knows the rules and gives you a receipt for your application. Go back the next day and ask the clerk for the SS number (they are generated overnight) and if they do not give him a number, then do not leave until the problem is fixed.

The ID he needs is his passport, I-94 and K-1 visa. There is a document here at this site which outlines the SS rules about this.

[Nik+Heather 121]

It's good to wait a couple of weeks before you try to go get the SSN because you want to make sure the periodic dump of the Customs and Border Protection "SAVE" database to the SSA has been completed with your fiance's information. Some people can report that they got theirs sooner than the recommended 2 weeks, but others have had issues if they go too early, which to my mind just indicates some luck in when they went to the office relative to the SAVE database update rather than the information reliably being available at that time.

Nik had no problem getting his number. We weren't even asked if we were married. Bring what forms of ID you can - I believe Nik only ended up showing his passport (This includes the gov't issued photo ID on the info page, the Visa, and the I-94) but he had his UK driver's license and his birth certificate on hand as well.

[I'm Gone 60]

Here are the links to make it easier for you:

The interoffice memo --> http://www.kamya.com/ssn/em00154.pdf

That is SO freaking outdated.

This is the current procedure

RM 10211.420 Employment Authorization for Non-immigrants

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420

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 sections list non-immigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

K-1 Fiancé(e) of U.S. citizen

[Oiraesesse 0]

That is SO freaking outdated.

This is the current procedure

RM 10211.420 Employment Authorization for Non-immigrants

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420

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 sections list non-immigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

K-1 Fiancé(e) of U.S. citizen

So According to this, my fiance is technically allowed to work? Am I understanding that correctly? Or is it as I thought and he's not permitted to work until he applies for adjustment of status and receives his EAD? It would really be awesome for us if he was allowed to work now!

[Nik+Heather 121]

So According to this, my fiance is technically allowed to work? Am I understanding that correctly? Or is it as I thought and he's not permitted to work until he applies for adjustment of status and receives his EAD? It would really be awesome for us if he was allowed to work now!

Short answer: No, it doesn't actually mean he can work.

If you submit an application to USCIS and pay the $340 fee, he can get an EAD which will expire on the same day as his I-94. That EAD can take 60-90 days to arrive, so given that he arrived >30 days ago, the application will be denied (no longer available at adjudication) OR it will arrive already expired. Either way, you're out $340 AND he still can't work. More details in the pinned thread at the top of this forum - Read my post - it's the second to last one on there which explains the departments and at the bottom has a link to why the SSA memos say what they say. http://www.visajourney.com/forums/topic/180237-is-a-k1-authorized-to-work-without-an-ead/page__view__findpost__p__4189511

Edited November 1, 2010 by Nik+Heather

[Oiraesesse 0]

Short answer: No, it doesn't actually mean he can work.

If you submit an application to USCIS and pay the $340 fee, he can get an EAD which will expire on the same day as his I-94. That EAD can take 60-90 days to arrive, so given that he arrived >30 days ago, the application will be denied (no longer available at adjudication) OR it will arrive already expired. Either way, you're out $340 AND he still can't work. More details in the pinned thread at the top of this forum - Read my post - it's the second to last one on there which explains the departments and at the bottom has a link to why the SSA memos say what they say. http://www.visajourney.com/forums/topic/180237-is-a-k1-authorized-to-work-without-an-ead/page__view__findpost__p__4189511

Thank you for the clarification! That's what we thought, but I figured it couldn't hurt to ask!

[Nik+Heather 121]

Thank you for the clarification! That's what we thought, but I figured it couldn't hurt to ask!

Yeah, when Nik got here and I was reading everything for his SSN, I got in the same loop of "But this says this and that says that!" it's why I wrote the post and went through the law that all those policies and memos are based on to see what the source says. It's pretty obvious that things have gotten lost in translation!