Social Security Number for K-1 fiance visa

[Baileyj96 0]

Hello

Well we thought everything was fine at the Social Security Office that we went to. The guy was really nice said he wasn't in the system yet and agreed to wait and check for us this past Friday. No argument about if he was eligible just that he wasn't in the save system yet.

Today we receive a letter stating that he is not eligible. That he needs an EAD or Greencard to get the social security number.

Is there anyone from Indiana that got their social security number after coming on a K-1 fiance visa? If so where did you go apply and did you have to argue with them about it?

I'm ready to try a different office since the one we went to seem to be rather sneaky about it. Not saying a word about us not getting one in the beginning and just letting us think they were doing us a favor and waiting on him to be in the system.

Thanks,

Baileyj

[KiminON 0]

if your I-94 is expiring within a certian number of days (the number escapes me) they will not issue a SSN until you receive your EAD or GC.

k

[irishgirl73 0]

My man got his ss card with no problem but he DID have the EAD stamp from JFK airport-I guess that made all the difference?

We went to my local office, she said there was an issue with his name but we would hear something within a week & we did. He first got a letter saying that the card would be here in 2 weeks but the next day it arrived.

hope things work out fo ya

Colleen

[rebeccajo 14]

We need to dig through mdyoung's posts to find the reg. Your office is absolutely incorrect, at least for the present moment. SS is considering some possible changes to the issuance of SS numbers for K1 holders, but right now he should be able to get a number.

I wouldn't go to a different office. I'd go back to that one and demand to see a supervisor. But you know me.....

[rebeccajo 14]

Got it....right here it is....the link is right here on VJ under K1 guides....

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

Print this out, go back to that office, and wave this under their nose.

[YuAndDan 153]

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

[nathmc31 0]

Hello

Well we thought everything was fine at the Social Security Office that we went to. The guy was really nice said he wasn't in the system yet and agreed to wait and check for us this past Friday. No argument about if he was eligible just that he wasn't in the save system yet.

Today we receive a letter stating that he is not eligible. That he needs an EAD or Greencard to get the social security number.

Is there anyone from Indiana that got their social security number after coming on a K-1 fiance visa? If so where did you go apply and did you have to argue with them about it?

I'm ready to try a different office since the one we went to seem to be rather sneaky about it. Not saying a word about us not getting one in the beginning and just letting us think they were doing us a favor and waiting on him to be in the system.

Thanks,

Baileyj

K1 Fiance visa holders are entitled to a Social Security number.

When I applied for mine they told me the same thing, (that I needed an EAD or Green Card), I was confused because everyone on this forum seems to get one.

Anyway the idiot at social security thought that it was for a K3 Visa. K3 visa holders need to get an EAD or Greencard before the can be issued with a SS#. I dont understand why but they do.

K1 people are entitled because you have the right to work on a K1 weather you get the stamp at the airport or you recive an EAD before you 90 days is up.

Point of the story is make sure they arnt assuming that your a K3 Visa holder because they did the same to me even after I said I was on a K1, they dont listen. go back and check that they do it correctly and you wont have a problem.

[Baileyj96 0]

Yeah thanks guys and gals. I had all that printed out and took it with me but they never said anything about it. Just said they would wait until he was in the save system. We just got the letter today saying he wasn't eligible. Sneakie if you ask me. They never told us while we were there that he couldn't get the number or i would have wooped out the papers I printed out and had a knock down drag out with them.

I was just thinking about going to a different office. Maybe one that knew what they were doing to save my blood pressure from boiling over. lol

Thanks again guys. I guess we will make another trip up there next week

Oh and he's been here about 4 weeks so we are ok with that part of it.

Baileyj

Edited December 17, 2006 by Baileyj96

[sweetginger 0]

Yeah thanks guys and gals. I had all that printed out and took it with me but they never said anything about it. Just said they would wait until he was in the save system. We just got the letter today saying he wasn't eligible. Sneakie if you ask me. They never told us while we were there that he couldn't get the number or i would have wooped out the papers I printed out and had a knock down drag out with them.

I was just thinking about going to a different office. Maybe one that knew what they were doing to save my blood pressure from boiling over. lol

Thanks again guys. I guess we will make another trip up there next week

Oh and he's been here about 4 weeks so we are ok with that part of it.

Baileyj

Hi Bailey,

I hope this helps u. Well, I'm from Indiana too and got the same problem when I'm applying for my SSN in Kokomo. When I went there the SS officer, they told me that i couldn't have SSN unless I provide them a copy of my greencard or EAD. I tried to talk to that officer and explain that I don't have to have a greencard/Ead and it explains this on thier website. The website (https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500) said I could apply for SSN as long as my I-94 was not expired. He asked me to wait and he checked their website and asked other staff about my situation. After about 30 minutes of waiting he got all my papers and encoded it on the computer. Then he told me to wait at least 10 working days to get my SS card on the mail but it never arrived. I called the social security office in kokomo again after 14 days. They said they didn't know what happened but they would try again and we requested they have it sent to the kokomo office this time. My social security made it to the Kokomo office about two weeks later. Not sure what good the social security card is to me without an EAD or greencard? I can't work untill I have one of the two(EAD or greencard). I am now in the process of applying for my greencard.

Documents Needed:

*** SS application form

*** passport with US visa

*** valid I-94 card (should not expire within 2 weeks)

*** birth certificate

*** marriage certificate (if already married)

*** EAD card (if I-94 card already expired)

Note:

apply for your SSN at least 2 weeks prior to the expiration of your I-94 card. Otherwise, your application will just be denied.

helpful Link:

https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500 (Just in case the SSA officer asks for your EAD when you apply for an SSN again, show them this document. The relevant portion is Section C, which states that K-1 visa holders can apply for an SSN even without specific authorization from the INS.)

[dani_christine 0]

the reason that a K-1 immigrant should apply quickly for a SSN is that it is required in most instances to be added to their fiance's bank accounts, and in most states, a SSN is a requirement to be issued a driver's license.

[Baileyj96 0]

A little update here. I called the social security office today. Talked to a rather rude woman that said there must have been a mistake. He was eligible for a social security number. What a surprise!! Told me that since the guy who took our application was on vacation we had to either wait until he got back or come back up and re-apply. She said that they had to re-verify his I-94 since the guy who checked it wasn't there until the 26th. Guess we are going back up on Thursday.

Don't you just love it. And we have just started.

Baileyj

[Yodrak 7]

nathmc31,

..... K3 visa holders need to get an EAD or Greencard before the can be issued with a SS#. I dont understand why but they do.

Because K3 status does not have employment authorization attached to it as K1 status does.

K1 people are entitled because you have the right to work on a K1 weather you get the stamp at the airport or you recive an EAD before you 90 days is up.

It's a granted benefit, not a "right".

Yodrak

Edited December 19, 2006 by Yodrak

[Baileyj96 0]

Well we finally got the paperwork filed for his social security number. Ended up being an ordeal. After two trips to the Crawfordsville Indiana office and getting so furious I almost went over the desk at these people. I even ask to speak to a supervisor and he was just as bad. We went to the Terre Haute Indiana office and it took 5 minutes to complete. We should have the number in the mail in a few days.

Baileyj