SSN on a K-3 question

[Chris and Mariana 0]

My wife is here on her K-3 visa. We are applting for her AOS and EAD. Does anyone know when we can apply for her SS card? Can we request a SSN at the same time as filing for her AOS and AED? I have noticed AED and social security policies are different for K-1 visa holders.

thanks for your help

Chris

[YuAndDan 153]

Read the SS card guide here on VJ, you need EAD or Green Card in hand in order to get SS number.

http://www.visajourney.com/forums/index.ph...om&page=ssn

[I'm Gone 60]

An individual with K-3 status applying for a work authorized SSN must present evidence 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.

From day one of entry into the United States, individuals with K-3 status must present an I-688B, I-766 or I-551 to establish current lawful employment authorized status.

RM 00203.500 Employment Authorization for Nonimmigrants:

http://policy.ssa.gov/poms.nsf/lnx/0100203500#C2

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

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

“If the applicant has no immediate need for the SSN and the translation can be done promptly or the foreign language document is the only evidence available; have the document translated by an authorized translator and use the document as evidence.”

“If the applicant has a pressing need for an SSN, and evidence other than the foreign language document is available; request other evidence and process the application without the foreign language document.”

RM 00203.040 Reviewing SSN Evidence:

http://policy.ssa.gov/poms.nsf/lnx/0100203040#B3

GN 00301.340 Authorized Translators Defined:

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

If a foreign-born person has the foreign birth certificate (BC) in his/her possession or can easily obtain a copy, he or she must submit it as proof of age. When a person is foreign-born, a BC may not exist, may not have been recorded shortly after birth, or the probative value of the document may not be high. In these situations, SSA can accept alternative evidence of age in order of probative value. The alternative evidence of age may be less than a year old, e.g., a DHS document or passport.

You can find detailed information regarding evidence that establishes age on the SSA Website at:

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 probative value of documents.

Any document used to establish identity must meet the following criteria:

-- The document provides information the reviewer can compare with the

data on the form SS-5 (e.g., the person's name, as well as age, date

of birth, or parents' names) and/or

-- The document provides information the reviewer can compare with the

applicant (e.g., physical description, photograph).

NOTE: A non-picture identity document should have the person's name as well as information that can be compared to the SSN record, the applicant or other documents submitted (e.g., age, date of birth, or parents' names).

However, the acceptability of an identity document must be evaluated on a case by case basis by the office processing the application, taking into consideration the applicant's situation and exploring what evidence is available for the person.

You can find detailed information regarding evidence that establishes identity on the SSA Website at:

http://policy.ssa.gov/poms.nsf/lnx/0100203200#E6

SSA will not accept an application filing receipt or notice of action as proof of current lawful employment authorized status.

Take the required documents, to the nearest Social Security office. Individuals age 12 or older applying for an original SSN and card must apply in person at one of our offices.

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 at:

http://www.ssa.gov/locator

Normally, an SSN card should be received in the mail within two weeks after the application and document(s) have been received and verified.

When an alien requests an SSN or replacement/corrected SSN card, SSA will verify his or her documents and current status with the appropriate Bureau of the Department of Homeland Security. If verification is not available through the Systematic Alien Verification for Entitlements (SAVE) system, SSA will send Form G-845 for manual verification.

RM 00203.720 Verifying Immigration Documents:

http://policy.ssa.gov/poms.nsf/lnx/0100203720

If the SSA office does send the G-845, suggest that you go back to the SSA office no more that once week with your documents to (1) ask them to check SAVE again (2) ask if they sent a G-845 (3) if yes, did it come back (4) after 30 days ask if they have followed up on the G-845 by calling or sending another mark “second request.”

http://policy.ssa.gov/poms.nsf/lnx/0100203735

RM 00203.735 Requesting Online (Primary) Verification By SAVE

You can try calling the SSA Regional Office if you have waited at least 30 days and your local SSA office doesn't seem to be concerned about following up on the G-845

http://www.ssa.gov/otherssasites/

Refer them to:

http://policy.ssa.gov/poms.nsf/lnx/0100203740

RM 00203.740 Requesting Additional (Manual) Verification By DHS

Step 6

DHS should respond to SSA within 15 federal work days after receiving the Form G-845. If DHS does not respond within 15 federal work days from the receipt of the G-845 from SSA, follow-up with the DHS, USCIS Immigration Status office. (Allow 15 days plus five additional federal work days of mail time for the G-845 to be received at and returned from DHS. Follow local practice to follow-up with DHS.

Some SSA offices have an arrangement with the DHS, USCIS office to telephone for the follow-up contact; other SSA offices send a copy of the original G-845 annotated “second request.”) If the DHS response is still not received within 15 federal work days after the follow-up contact (if the follow-up is by mail allow five additional federal work days of mail time for the G-845 to be received at and returned from DHS), make a second follow-up contact. If the DHS response is not received within 15 federal workdays (again, if the follow-up is by mail, allow five additional federal work days of mail time for the G-845 to be received at and returned from DHS), after two follow-ups, contact the Regional Office (RO). Also report to the RO any trend that shows a serious deviation by DHS from the above time frames. The RO will consult with central office.

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

You may find additional SSN and employment information on the Internal Revenue Service Website at:

http://www.irs.gov/businesses/small/intern...=129227,00.html

[Elena 0]

I think it's unfair that a married spouse with a K3 has to wait for an EAD or green card in order to get a SSN but a fiance with a K1 visa can get a SSN easily with just a valid I-94. Something is not right here. Just my opinion.

[Yodrak 7]

Elena,

On the other hand, if a K3 applies for EAD before applying for AOS ((a)(9)) their EAD will be valid, like a K1 EAD ((a)(6)), until the authorized period of stay expires. That's only 90 days max for the K1, 1 year for a K1 (or K3) who applies as (( c )(9)) but 2 years max for the K3. The longer period of validity could potentially save the K3 the expense of an EAD renewal.

Yodrak

I think it's unfair that a married spouse with a K3 has to wait for an EAD or green card in order to get a SSN but a fiance with a K1 visa can get a SSN easily with just a valid I-94. Something is not right here. Just my opinion.

[I'm Gone 60]

I think it's unfair that a married spouse with a K3 has to wait for an EAD or green card in order to get a SSN but a fiance with a K1 visa can get a SSN easily with just a valid I-94. Something is not right here. Just my opinion.

Once upon a time all K classifications need either an EAD card or work authorization stamp to be assigned an SSN, but because the then INS was having trouble getting A6 category EAD cards out to K-1s during the 90 days the K-1 status is valid, SSA changed it's policy to assign an SSN to a K-1 based on only the I-94. K-3s and K-4s aren't under the 90 day time constrain so they must apply for the EAD card. At least this is how it was explained to me by the person that wrote the infamous EM-00154.

Edited November 15, 2006 by mdyoung