Social Security Number

[meadowzephyr 26]

Hello,

The other day my fiance attempted to get this Social Security number. He came on a K-1 visa and we have not yet married. The lady at the SS office said that he had to have an I- 766 to get the number. We all know that he can't get work authorization without a social security number. So I'm so frustrated and I don't know what to do. I work full time so I couldn't be there to explain. What wording can we use to convince her to let him apply for one. Or is there something else we need besides his passport, I-94 and copy of his visa. HELP!!

[Dave&Roza 748]

Hello,

The other day my fiance attempted to get this Social Security number. He came on a K-1 visa and we have not yet married. The lady at the SS office said that he had to have an I- 766 to get the number. We all know that he can't get work authorization without a social security number. So I'm so frustrated and I don't know what to do. I work full time so I couldn't be there to explain. What wording can we use to convince her to let him apply for one. Or is there something else we need besides his passport, I-94 and copy of his visa. HELP!!

I would try to remember ever little detail about your visit to the SSA office and send an e-mail to the SSA e-mail address on their website. This person really does not know what is going on. Explain the K-1 visa, when the I-94 expires and that you are not yet married. They should give you an e-mail to educate their employee--as a K-1 visaholder you are work eligible and thus are eligible for a SSN. This does not mean you can work with the SSN unless you have the EAD (I-765 work authorization form) or the GC (I-551). You might also take along a copy of his BC just as a second form of birth and age.

I would get the e-mail from the main SSA office and take the day off to help him get his SSN as it is one document that is needed to make life much easier in the US.

Good luck,

Dave

[C-ma'am 684]

I just mine today without any issues but, just in case, I printed page 4 of this https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530 (as per the instructions here http://www.visajourney.com/content/ssn )

The only thing that confused me, at first, was that I didn't know if I had to check the box for "Legal alien allowed to work" I did a search here, and quickly found out it was the way to go. I corroborated this with the information on that first link I gave you.

Did you check 'Legal alien allowed to work" OR 'Legal alien NOT allowed to work" ?

Also, how much time left does he have on the i-94? If the i-94 expired or there are less than 15 days for its expiration, then they will probably not give it to him.

[meadowzephyr 26]

I had researched here as well and told them to check "legal alien allowed to work." However, he was told almost immediately to get a work permit. So he never even got to fill out an application. He arrived on the 15th of March. He has been here, 1 month, 1 week and four days.

Should I print out that information from the link and give it to the clerk?

Andrea

I just mine today without any issues but, just in case, I printed page 4 of this https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530 (as per the instructions here http://www.visajourney.com/content/ssn )

The only thing that confused me, at first, was that I didn't know if I had to check the box for "Legal alien allowed to work" I did a search here, and quickly found out it was the way to go. I corroborated this with the information on that first link I gave you.

Did you check 'Legal alien allowed to work" OR 'Legal alien NOT allowed to work" ?

Also, how much time left does he have on the i-94? If the i-94 expired or there are less than 15 days for its expiration, then they will probably not give it to him.

[C-ma'am 684]

I had researched here as well and told them to check "legal alien allowed to work." However, he was told almost immediately to get a work permit. So he never even got to fill out an application. He arrived on the 15th of March. He has been here, 1 month, 1 week and four days.

Should I print out that information from the link and give it to the clerk?

Andrea

BAH! You scared me!!

I just looked at your timeline! He arrived on April 18th.. not March 15th LOL I was rushing you guys to get married!

Yes, read the small guide http://www.visajourney.com/content/ssn print that thing and take it with you. He can also fill out the form online and take it with him!

EDIT: You can also call the main office, get a number and badge ID of a phone rep, and explained what happened. You can always go to the office saying that you went back because you spoke to SOANDSO (ID# 215464) on the SS hotline and they assure you it was OK to get the SS# for your fiance that came into the country with a K1 visa.

Edited May 30, 2012 by Celeste & C

[meadowzephyr 26]

BAH! You scared me!!

I just looked at your timeline! He arrived on April 18th.. not March 15th LOL I was rushing you guys to get married!

Yes, read the small guide http://www.visajourney.com/content/ssn print that thing and take it with you. He can also fill out the form online and take it with him!

EDIT: You can also call the main office, get a number and badge ID of a phone rep, and explained what happened. You can always go to the office saying that you went back because you spoke to SOANDSO (ID# 215464) on the SS hotline and they assure you it was OK to get the SS# for your fiance that came into the country with a K1 visa.

Oops! I guest for me it just feels like when he was approved he was here. LOL. Thanks for the tips.

[Harpa Timsah 13,258]

A K-1 is entitled to SSN if I-94 has 2 weeks left on it.

You do not need a SSN to get a work permit, in case you can't train the SS people to do their own job, it's not the end of the world.

[Teddy B 17,252]

Hello,

The other day my fiance attempted to get this Social Security number. He came on a K-1 visa and we have not yet married. The lady at the SS office said that he had to have an I- 766 to get the number. We all know that he can't get work authorization without a social security number. So I'm so frustrated and I don't know what to do. I work full time so I couldn't be there to explain. What wording can we use to convince her to let him apply for one. Or is there something else we need besides his passport, I-94 and copy of his visa. HELP!!

If he was applying for a social security number for employment, then the woman at the SSN office was correct. He CAN get work authorization without an SSN, but he can't actually work until he has his SSN. If he is simply applying for an SSN for now-work purposes, ie: bank account, insurance, then he needs to go back and speak to someone else that will give him the SSN, because he is entitled to it.

[Dave&Roza 748]

If he was applying for a social security number for employment, then the woman at the SSN office was correct. He CAN get work authorization without an SSN, but he can't actually work until he has his SSN. If he is simply applying for an SSN for now-work purposes, ie: bank account, insurance, then he needs to go back and speak to someone else that will give him the SSN, because he is entitled to it.

First off you apply for a SSN. There is no reason for applying other than you need the number to conduct business in the US that involves money as the SSN has become the pseudo ID for all monetary transactions whether the bank, financial instution, employer, DMV, etc have a right to ask for the SSN or not. Work authorization and the SSN are two seperate things. Because there WAS a requirement to obtain a SSN in order to get married, K-1 visaholders were in a class that allows them to get a SSN--that still is the case; however, I have read that the SSA wants to change that loop hole and not allow K-1 visa holders the ability to get a SSN until the EAD or GC, but that is not the case now. The SSN is issued by the SSA. Work authorization comes from the DHS as an EAD or GC. The women was not correct becaue as a K-1 visaholder he was eligible for the SSC with the "VALID FOR WORK WITH DHS AUTHORIZATION ONLY" printed on it. That lets employers know that this person has a SSN but unless they have the EAD or GC cannot legally work.

Yes, you are correct that he could apply for the EAD before getting married. It costs $340, takes several months and expires when the I-94 expires. You are also correct that he can apply for AOS without the SSN. Your last sentence is why I am saying the woman was not correct is demanding he apply for the EAD before he gets a SSN is because he is eligible (not entirled) to it.

Yes, it is splitting semantic hairs, but when dealing with the government you must be exactly correct sometimes and with the K-1 visa and SSN it appears the SSA employees either know their own rules or are completely clueless.

Dave

[meadowzephyr 26]

A K-1 is entitled to SSN if I-94 has 2 weeks left on it.

You do not need a SSN to get a work permit, in case you can't train the SS people to do their own job, it's not the end of the world.

Thanks so much for letting me know that!!

[Teddy B 17,252]

First off you apply for a SSN. There is no reason for applying other than you need the number to conduct business in the US that involves money as the SSN has become the pseudo ID for all monetary transactions whether the bank, financial instution, employer, DMV, etc have a right to ask for the SSN or not. Work authorization and the SSN are two seperate things. Because there WAS a requirement to obtain a SSN in order to get married, K-1 visaholders were in a class that allows them to get a SSN--that still is the case; however, I have read that the SSA wants to change that loop hole and not allow K-1 visa holders the ability to get a SSN until the EAD or GC, but that is not the case now. The SSN is issued by the SSA. Work authorization comes from the DHS as an EAD or GC. The women was not correct becaue as a K-1 visaholder he was eligible for the SSC with the "VALID FOR WORK WITH DHS AUTHORIZATION ONLY" printed on it. That lets employers know that this person has a SSN but unless they have the EAD or GC cannot legally work.

Yes, you are correct that he could apply for the EAD before getting married. It costs $340, takes several months and expires when the I-94 expires. You are also correct that he can apply for AOS without the SSN. Your last sentence is why I am saying the woman was not correct is demanding he apply for the EAD before he gets a SSN is because he is eligible (not entirled) to it.

Yes, it is splitting semantic hairs, but when dealing with the government you must be exactly correct sometimes and with the K-1 visa and SSN it appears the SSA employees either know their own rules or are completely clueless.

Dave

Dave, I'm not sure what post you read that spurred on that reply, but I don't think it was mine or the op's. The op's fiance went to the SSA office to obtain a SSN, the SSA worker told him that he needed an I-766 which his work authorization card, if he was applying for a SSN for employment purposes, then what the SSA employee said is correct, he DOES need an I-766 or EAD. If he was applying for an SSN for purposes other than employment, such as bank accounts, insurance forms, etc., than the woman at the SSA was incorrect in stating that he needed an I-766. I'm not sure what part of that you don't understand, there is no splitting hairs. And a person who is in the US on a K-1 visa is both eligible and ENTITLED to receive an SSN, they have already met the requirements to do so, talk about splitting hairs.

Based on what the op said in her original post, they seem confused on how the process works and it sounds like her fiance was attempting to get an SSN for employment purpose without an EAD. If you read below in bold, you will see where the op is confused.

The other day my fiance attempted to get this Social Security number. He came on a K-1 visa and we have not yet married. The lady at the SS office said that he had to have an I- 766 to get the number. We all know that he can't get work authorization without a social security number.

Edited May 30, 2012 by Teddy B

[Teddy B 17,252]

I would try to remember ever little detail about your visit to the SSA office and send an e-mail to the SSA e-mail address on their website. This person really does not know what is going on. Explain the K-1 visa, when the I-94 expires and that you are not yet married. They should give you an e-mail to educate their employee--as a K-1 visaholder you are work eligible and thus are eligible for a SSN. This does not mean you can work with the SSN unless you have the EAD (I-765 work authorization form) or the GC (I-551). You might also take along a copy of his BC just as a second form of birth and age.

I would get the e-mail from the main SSA office and take the day off to help him get his SSN as it is one document that is needed to make life much easier in the US.

Good luck,

Dave

A K-1 visa holder is NOT work eligible PERIOD!

[Harsh_77 718]

I would try to remember ever little detail about your visit to the SSA office and send an e-mail to the SSA e-mail address on their website. This person really does not know what is going on. Explain the K-1 visa, when the I-94 expires and that you are not yet married. They should give you an e-mail to educate their employee--as a K-1 visaholder you are work eligible and thus are eligible for a SSN. This does not mean you can work with the SSN unless you have the EAD (I-765 work authorization form) or the GC (I-551). You might also take along a copy of his BC just as a second form of birth and age.

I would get the e-mail from the main SSA office and take the day off to help him get his SSN as it is one document that is needed to make life much easier in the US.

Good luck,

Dave

No sorry K1 visa holder is not allowed to work until they get married and file AOS and get GC.

[meadowzephyr 26]

No sorry K1 visa holder is not allowed to work until they get married and file AOS and get GC.

He was not trying to work at all. We simply wanted the SSN for business purposes and "just in case purposes." Technically though, K-1 Visas holders ARE eligible to obtain a work permit. However, its generally not possible due to the length of time it takes to get approval and due to the fact that its only valid while the I-94 is still valid.

[Teddy B 17,252]

He was not trying to work at all. We simply wanted the SSN for business purposes and "just in case purposes." Technically though, K-1 Visas holders ARE eligible to obtain a work permit. However, its generally not possible due to the length of time it takes to get approval and due to the fact that its only valid while the I-94 is still valid.

A K-1 visa holder has yet to enter the US. Once the K-1 visa holder has entered the US, the K-1 visa has served it's purpose and is now null and void, so a K-1 visa holder is never work eligible. The immigrant is now legally in the states for 90 days based on their I-94 that they received at the POE, and yes, technically they are eligible to apply for an EAD, but as you stated, the point is moot due to the time it takes to obtain one.