SSN confusion

[larissab 0]

My husband arrived last August on a K1 and we married in September. We filed our papers for the AOS at the beginning of December.

I am confused about the whole SSN thing: our lawyer told us that we have to receive the EAD before we can apply, the SS office told me that it comes automatically when he receives his other papers, and then I have read that people on this board apply for it right away!

Should we just go down to the SS office and see if they will let him apply? (We don't have the EAD yet, btw.)

[Not Available 0]

If you already filed for AOS, your husband has to wait for his EAD as proof of his status in the United States, once his I-94 was expired upon entry of the United States, he wasnt eligible to get it as a K1'er and now has to wait for his EAD. All the best!

[luv2teach77 41]

I am amazed that your Lawyer didn't advise your Fiance to apply for his SSN before his I-94 expired ?? He really is stuck now until his EAD or AOS is approved (whichever happens first). Most people entering on a K-1 wait a couple of weeks to ensure their entry details have been entered onto the SAVE system and then they apply for a SSN right away. This can normally all be completed before a K-1 holders I-94 expires.

It can't hurt to go to your local SSA office to see what the deal is but I wouldn't be suprised if you're told to come back once he has his EAD.

Good luck

Mark

[motu 6]

Diferent people have had diferent luck with their SS offices. So! Go ahead and try at your local office, maybe it will work for you. It's worth a shot (just a few hours one day!) If it doesn't, then you can wait for the EAD or AOS (if you didn't apply for the EAD.) Good Luck

[I'm Gone 60]

My husband arrived last August on a K1 and we married in September. We filed our papers for the AOS at the beginning of December.

I am confused about the whole SSN thing: our lawyer told us that we have to receive the EAD before we can apply, the SS office told me that it comes automatically when he receives his other papers, and then I have read that people on this board apply for it right away!

Should we just go down to the SS office and see if they will let him apply? (We don't have the EAD yet, btw.)

Lawyer screwed him. Could have applied for the SSN before the 76th day he was here with just the I-94.

Now must wait until he receives the EAD card.

Until he receives the EAD card I don't see any reason to go into an SSA office unless he wants the office to issue him a denial notice (Form SSA-L676).

In the meantime, apply for an ITIN with IRS if you need a number to file taxes.

The Internal Revenue Service (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