SSN not available until after AoS? Is this true?

[Lokiseus 0]

Hi, my fiancee arrived in the US from the Philippines 3 weeks ago, and we went to the SSA office today to apply for her social security card. Once there, the person told us we needed a work authorization form, or something to that effect from INS before we could proceed. They then referred us to the local American Civil Association to help us get the necessary document from INS. We went there, and they told us she needs to apply for Adjustment of Status before she can get her EAD, then she can get her Social Security number. I'm so confused. The information I've seen elsewhere says she can apply for her SSN 2 weeks after she arrives. It doesn't seem to make sense that she'd have to wait for her AoS to get her SSN since that means waiting for the wedding, then the AoS interview, then applying, and by that time her I-94 will be expired. Can someone clear this up for me? Was the person we spoke to at the SSA office just misinformed?

Thanks,

Larry

[Lokiseus 0]

Ok, I'm posting a follow-up to my own topic. I just spoke to someone at the Social Security 1-800 number, and they said that due to a recent law, a person on a temporary visa can only apply for a SSN if they are authorized to work. If they're not, which my fiancee is not, then she has to wait until she is a US citizen to apply for her SSN. Now, I'm still confused because I'm told she needs her I-94 when she applies for her SSN, but it expires 90 days after her arrival here....so we need to marry, then apply for AoS, wait for the AoS interview, wait for approval, then apply for SSN in 90 days? Is this correct?

Thanks,

Larry

[mychelle 1]

please see my timeline below. she should be able to apply for her SSN...just as long as she selects the NOT VALID FOR WORK option (i forgot the exact wording but it's on the SSN card application).

her I-94 is still valid to apply for an SSN although not for WORK AUTHORIZATION

[Jasman0717 9]

After Claudeth had been here for two weeks we went to the Social Security office to get her a social security number. About a week later the card arrived. Once we got married we tried the change the name but the office wouldn't accept anything from us, it had to be from the USCIS so we just waited for her EAD to come and then went back to get the name changed.

They should issue a card so you might want to read up on MD Young's posts. Good luck

[Canuck Carrie 1]

Copy & Pasted from a previous post by mdyoung. Some of this information may not pertain to you.

SSA will not assign an SSN or issue a card to an individual that is within 14 days of his or her alien status expiring. Until the 76th day after entry an individual with K-1 status only needs to provide an unexpired I-94 showing current K-1 status to establish employment authorized status for SSN purposes.

Once, an individual with K-1 status has been in the United States 76 days he or she will need another document, i.e. I-551, I-688B or I-766 to establish employment authorized status for SSN purposes.

RM 00203.500 Employment Authorization for Nonimmigrants:

http://policy.ssa.gov/poms.nsf/lnx/0100203500#C1

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

Only the marriage document (foreign or domestic) is needed if it meets the following criteria:

-- The new name can be derived from the marriage document, i.e. bride takes the groom's last name, groom takes bride's last name, compound name (with or without hyphen) of each spouse's original name for either or both parties.

Note: State law must also allow the type of name change wishing to be made

-- The marriage occurred within the past two years

-- The marriage document shows sufficient identifying information, e.g., biographical data such as age, date of birth or parent's names

Otherwise you will need another idenity document in the married name or apply in your maiden name.

When issuing immigration documents, the Department of State and Department of Homeland Security issue them in the person’s legal name. The legal name is also generally the name in which the foreign passport was issued.

When an alien applies for an SSN card, SSA presumes the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change (e.g., marriage) that occurred after the immigration document was issued.

This is in addition to proof of current lawful employment authorized status.

You can find detailed information regarding changing SSN record (Numident) data on the SSA Website at:

http://policy.ssa.gov/poms.nsf/lnx/0100203210

http://tinyurl.com/f7s8l

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

Note: If the applicant has changed his/her name after an immigration document, i.e. I-94, was issued, e.g., married and is now using the married name, but has not obtained a corrected immigration document showing the new name; this is not a name discrepancy for enumeration purposes, i.e. SAVE clearance, if the applicant can provide an acceptable legal name change document to establish the new name.

The 14 day status expiration limit for assigning an SSN and/or issuing a card applies even if an individual submitted his or her application before being within the 14 day period and entered the 14 day period while waiting for his or her status to be verified.

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

[riblet 0]

K1 holder is eligible to apply. I'm posting the info from the guides below. If they won't agree, ask to talk to a supervisor. (Edit: apparently my computer is crazy - none of the responses showed up, lol - I feel a bit redundant

:: For K1 Visa Holders ::

As a K-1 Visa Holder you are eligible to receive a SSN upon producing a valid I-94 (unexpired). Do

not wait until you only have a few weeks left until your I-94 expires to file for a SSN. Many SSA

offices will not allow you to file for a SSN if your I-94 is about to expire (generally 14 days prior

to the expiration on your I-94). On the other hand, you should also not file for a SSN too soon either.

You should wait 2 weeks after you arrived in the US before applying for a SSN. If you go too soon your

record of arrival will not be in the SAVE-ASVI system yet, and it will require manual verification from the

USCIS. As this will add weeks to the period it takes to process the SSN, it is advisable to attempt to wait the two weeks to be safe. If you have waited the 2 weeks and they tell you they can not verify you arrival record via the SAVE database, you may allow them to to process it (but remember the potential delay for manual verifications). You can ask if they will check the computer again for you in a few days or return personally to have them look again -- thus eliminating the manual verification. The manual verification will require the SSA office to file a G-845 with the USCIS.

To apply for a SSN you will need to go to your local SSA office and bring the documents below. These

documents are proof of your eligibility to file for a SSN:

1. The SS-5 form you downloaded and filled out (they have some at the office if you forget).

2. your Passport (with the K-1 Visa in it)

3. your valid I-94

4. another form of valid ID (as defined in the SS-5 instructions)

5. You should also bring the document RM 00203.500 that you printed out

Make sure to bring all the documents above because some offices have staff that are not aware

that a K-1 Visa Holder is eligible to file for a SSN. A friendly reminder is a nice thing to have -- if not

you could be turned away incorrectly.

Once you have successfully applied for your SSN, the SSN card will come in the mail in about 2 weeks. You can check on the status of the SSN application and/or often get the SSN in advance by returning in person (try calling) to the SSA office. If you need your SSN before it arrives in the mail you may ask them for an SSA-7028, Notice to Third Party of Social Security Number Assignments, to be sent to your employer or other interested third party once a SSN has been assigned. Your card, when you receive it, will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION" indicating to an employer that you must also have an unexpired EAD to be eligible to work.

Edited December 5, 2006 by riblet

[Lokiseus 0]

Thanks for the replies! But here's why I'm still confused! In the SS-5 form, it says "To apply for an original card, you will need to provide at least two documents to prove your age, identity, and US citizenship or current lawful, work-authorized immigration status. If you are not a US citizen or do not have current lawful, work-authorized immigration status, you MUST prove that you have a valid nonwork reason for requesting a card." And then, further down, it says "If you check 'Legal Alien NOT allowed to work,' you must provide a document from a US Federal, State or local government agency that explains why you need a Social Security number and that you meet all of the requirements for the US government benefit."

So basically this mirrors what the Social Security rep on the phone told me. My fiancee is not a US citizen yet, and she doesn't have work-authorized immigration status, therefore she can not have a Social Security number. And since she's not a citizen or an authorized worker until after AoS, it will take many months to get her SSN. So I guess my question now is, does the I-94's expiration date just not matter anymore for SSNs, or do I have to hope this entire process can be done in 90 days? Anyone have an idea?

Thanks again!

Larry

[payxibka 10,047]

a person on a temporary visa can only apply for a SSN if they are authorized to work. If they're not, which my fiancee is not, then she has to wait until she is a US citizen to apply for her SSN.

Well I think you just spoke to the SSA mis Information line.

[riblet 0]

(1) You have two documents, passport & I-94. I think that's what you need, plus another ID.

(2) Don't check "not allowed to work" -- she IS authorized to work by virtue of coming in on the K1 and not married yet.

The guide is prety helpful.

a person on a temporary visa can only apply for a SSN if they are authorized to work. If they're not, which my fiancee is not, then she has to wait until she is a US citizen to apply for her SSN.

Well I think you just spoke to the SSA mis Information line.

Edited December 5, 2006 by riblet

[Lokiseus 0]

Thanks all...I'm beginning to feel like an idiot, because you all are telling me one thing, meanwhile the SSA office, the Social Security 1-800 number, AND the local American Civic Association are telling me the opposite. It's frustrating for me, because what do I do now? Do I revisit the SSA office and when they tell me my fiancee can't get her SSN yet, tell them "No, no, VisaJourney.com assures me you are incorrect"? I mean, if the people who determine whether or not she gets a SSN won't give her one now, then where do I turn?

Anyway, I'll go back today and try to plead my case. Thanks....

Larry

[riblet 0]

The first link provided by Canuck Carrie is actual Social Security regulations. I've heard of some people printing it out and taking it with them, and being very assertive. Good luck, I know bureaucracy can be very frustrating!!

[Canuck Carrie 1]

From the first link

https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500#C1

Scroll down to section C 1. A K1 is "Aliens Work Authorized Without Specific DHS Authorization". You may need to print that out and 'remind' them of their own regulations

You must do this within 76 days of entry/when there are 14+ days left on the I-94

[no name 1]

From the first link

https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500#C1

Scroll down to section C 1. A K1 is "Aliens Work Authorized Without Specific DHS Authorization". You may need to print that out and 'remind' them of their own regulations

You must do this within 76 days of entry/when there are 14+ days left on the I-94

We got one no problem, after 2 weeks of arriving!

[BJZags 17]

We got one no problem, after 2 weeks of arriving!

What forms of documentation/ID did you show them? Was foreign passport, foreign BC and I-94 enough, or did you have some other form of ID to bring?

[no name 1]

We got one no problem, after 2 weeks of arriving!

What forms of documentation/ID did you show them? Was foreign passport, foreign BC and I-94 enough, or did you have some other form of ID to bring?

foreign passport & I-94.