SSN Howto

[DavenRoxy 1,073]

What I mean with "not valid for work" is I can't use it yet to apply for work since K1 visa holder needs to get EAD first or Green Card before we are allowed to work, correct me if I'm wrong though. Right now since I don't have GC yet, I guess I can't use SSN to apply for work, It'll be illegal right?

You are correct. GC or EAD is required to get a job. But when you apply, your employer will require you to have a SSN or ITIN in order to properly tax you and report it to the IRS. No reason I know of NOT to get an SSN.

But if it's past the 90-day point of your arrival (I-94 expiration), you will HAVE to wait until you get a GC or EAD in order to apply for a SSN.

[Darnell 8,478]

1. I-9 governs work stuff [ssn + EAD or SSN + GC, sufficient on the I-9]

2. cut off day with SSA is day 74, past POE date. This is covered back in post #1. Day 90, you say, O Dave? WAY PAST the window, SSA clerk will make up new chit and send you on yer way, out the door.

[DavenRoxy 1,073]

1. I-9 governs work stuff [ssn + EAD or SSN + GC, sufficient on the I-9]

2. cut off day with SSA is day 74, past POE date. This is covered back in post #1. Day 90, you say, O Dave? WAY PAST the window, SSA clerk will make up new chit and send you on yer way, out the door.

I know it's been stated as a good idea to do it 2 weeks before the I-94 expires, but is that written somewhere officially? I know the SSA recommends waiting at least 10 days after arrival to apply, but all it says about the documentation required is:

To prove your identity and work-authorized immigration status, show us your current U.S. immigration documents and your unexpired foreign passport. Acceptable immigration documents include your:

• Form I-551 (includes machine-readable

immigrant visa);

• Form I-94 (Arrival/Departure Record); or

• Form I-766 (Employment Authorization Card).

Doesn't say anything about the age of the I-94.

Then again, they sort of contradict themselves, cuz prior to this part, they say that you must provide docs showing:

— Identity;

— Work-authorized immigration status;

— Age;

The I-94 doesn't prove work-authorized immigration status, the GC or I-766 does.

http://www.ssa.gov/pubs/EN-05-10096.pdf

[Darnell 8,478]

Sorry Dave - that magic number of 74 days is covered. Don't have the link for you,

but folk that have applied after that day have been turned away, and write of it here.

FYI - I've got enough new stuff to handle a massive edit for the stuff at post #1 - so expect a new version by the weekend. [remember, this was a howto, not a discussion topic]

[DavenRoxy 1,073]

Sorry Dave - that magic number of 74 days is covered. Don't have the link for you,

but folk that have applied after that day have been turned away, and write of it here.

FYI - I've got enough new stuff to handle a massive edit for the stuff at post #1 - so expect a new version by the weekend. [remember, this was a howto, not a discussion topic]

Fair enough on the How-To. On that note, I suggest you make a new post with the more correct info, then have a mod delete the old post, as well as non-contributing posts (such as mine) to trim the thread down to make it good-info reading instead of having to sort thru the blather that doesn't matter.

I'll try to call the SSA tomorrow and ask about the date on the I-94. We did ours early enough it wasn't an issue, but I never heard about the 74 day thing. Not saying you are wrong, just saying I wasn't aware, nor can I find it on a SSA site.

Then again, look at all the different experiences at different SSA offices. Depends on the clerk, as always.

[LmmL 46]

Is it true that we can't get the SSN if we apply it after we got married? Is that the rule?

[Darnell 8,478]

no and no.

[LmmL 46]

How do you know that it's a no no? Should I ask the uscis about it? Cuz SSA guy told me that I'm not eligable for a SSN since I'm married, he mentioned about K3, yaikz! That guy asked me if I'm married and I Said yes (don't tell me that I have to say "No I'm not married yet" cuz I don't wanna lie), he even gave me a letter that stated about it and asked me to give it to the license place so I can have state ID/driver license.

[Darnell 8,478]

sorry, SSA clerk was wrong.

Please read post #1. Thanks !

[DavenRoxy 1,073]

The SSA clerk is wrong. We got ours after marriage, in her married name. Your foreign passport and valid I-94 should be all you need, plus your marriage certificate. You are K-1, he is confused.

[Darnell 8,478]

How do you know that it's a no no? Should I ask the uscis about it? Cuz SSA guy told me that I'm not eligable for a SSN since I'm married, he mentioned about K3, yaikz! That guy asked me if I'm married and I Said yes (don't tell me that I have to say "No I'm not married yet" cuz I don't wanna lie), he even gave me a letter that stated about it and asked me to give it to the license place so I can have state ID/driver license.

More silliness, aye?

1. K-3 not allowed to file for SSN, whilst a K-1 visa holder, inside the window o time on the I-94, is allowed to apply.

2. best to apply in VISA name, asking for a lookup in the SAVE database before continuing.

---

i know the stuff in post #1 is dense, but if you read it 2 or 3 times, before walking in to the SSA office, you'll be fine. Marriage status not matter. What matters, for first applying, is to apply in visa name. I know Dave is saying 'you'll be fine applying in married name' but mostly, you won't be fine applying in married name, as that triggers DHS verification, and that takes 3 to 7 weeks to complete.

So, apply in visa name, get the # the next day, come back again with marriage certificate AFTER SSN card received via postal mail, then change the name.

---

[LynLyn120 3]

Hello, I just got my SSN today, I got a paper from SSN office and it says K1 is allowed to work, so I think I am legal to work now even if I have no EAD or GC.

[DavenRoxy 1,073]

Hello, I just got my SSN today, I got a paper from SSN office and it says K1 is allowed to work, so I think I am legal to work now even if I have no EAD or GC.

Yes, you ARE allowed to work, as soon as you have your EAD. Any employer that hires you will be asking for the EADC or GC. If they don't, they are wrong. For the period from when you have your SSN until you receive your EAD, you are technically not allowed to work.

Having a SSN allows you to be tracked for taxes, in and of itself does not make you legal to work.

[DavenRoxy 1,073]

Read page 7/24 of this and you will see what is required to be a legal employee. It's all about the I-9 being correct in order to get it right.

http://www.uscis.gov/sites/default/files/USCIS/About%20Us/Electronic%20Reading%20Room/Customer%20Service%20Reference%20Guide/Employment_Authorization.pdf

[LmmL 46]

Quick update!

I still remember when I went there for the first time & the clerk told me that I can't get the SSN because I'm married and made me went home with empty hand. And today, I went back again there and told them stuffs I read on SS site, gave them my I-94, marriage certificate & new passport (without the K1 visa in it because previous passport has been stolen). They asked me to fill the SS form & told me that the SS card with my married name will be arrived by mail in two weeks.

And yeah, applicant under K1 can have SSN even though our status is married when we apply for it.