Social Security Number Question

[cindi&richard 0]

Hello to all. I have not been on in awhile. We are now ready to file for our AOS as we are just married on Saturday. I called the Social Security Office and they said that I would apply for a social security number after the AOS was approved and a green card was received. Is this correct. Richard came in on a K-1 visa. I am not sure how to proceed. Any assistance would be great. Thanks a million.

[YuAndDan 153]

A K-1 visa holder can get a SSN during the 90 days of the I-94, but only the first 76 days of the I-94 then SSA will not issue one until the K-1 holder has EAD or Green card.

See the guide:

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

[Boiler 46,211]

He should have applied before you got married.

But they do not ask so he could just play ignorant and go and get one.

[cindi&richard 0]

We are at 62 days at this time on the 1-94 and when he filled out his papers in Dublin he filled out the tiny section that asked if he wanted a social security number (which of course he ticked yes). When I called the SS office here in MS - they told me that he could not have a social security number as he is not cleared to work and would have to wait until he received his green card. Should we fill out the aaplication at this time as we are within the 76 day time frame? If so, do I check "legal alien not allowed to work" or "other"? Thanks for the advice. You seem to know more about this than employees of the social security office... Thanks.

A K-1 visa holder can get a SSN during the 90 days of the I-94, but only the first 76 days of the I-94 then SSA will not issue one until the K-1 holder has EAD or Green card.

See the guide:

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

[Boiler 46,211]

Legal Alien not allowed to work assuming he did not get the JFK stamp.

No such question on the I-94.

http://www.cbp.gov/xp/cgov/travel/id_visa/...ing_out_i94.xml

Take your paperwork, go down there, fill out the form, wait a long time, hand it all in. They need to check he is in SAVE which he should be by now.

Somebody on the ball might ask if he married, in which case he is stuffed, but never heard of this happening.

[rebeccajo 14]

Boiler, since when does it matter if the K1 holder is married or not when they apply for the SS number?

The women on here do it all the time. They wait till after the marriage so they don't have to do a name change with SS.

Is there a different rule for the men?

[YuAndDan 153]

To quote Mydyoung the SSN King:

If you run into a nucklehead that doesn't want to accept the application because you are married or will not allow you to apply in your married name start yelling for the office manager.

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

[cindi&richard 0]

Okay, just so I am clear on all this the only paperwork that we need to carry to the ss office is - his passport with I-94 attached, our marriage certificate, and his application for a social security number - turn it into our local office and wait. That is all? They do not make anything easy , do they?

[Boiler 46,211]

Okay, just so I am clear on all this the only paperwork that we need to carry to the ss office is - his passport with I-94 attached, our marriage certificate, and his application for a social security number - turn it into our local office and wait. That is all? They do not make anything easy , do they?

You do not need the marriage certificate.

[Boiler 46,211]

I have not read it all, but once you apply and file to adjust status you no longer have "K1" Status, you are "Adjusting Status".

K1 means you are a Fiancee, once you are married well you're not.

Anyway no need to go there in this case.

To quote Mydyoung the SSN King:

If you run into a nucklehead that doesn't want to accept the application because you are married or will not allow you to apply in your married name start yelling for the office manager.

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

[YuAndDan 153]

Okay, just so I am clear on all this the only paperwork that we need to carry to the ss office is - his passport with I-94 attached, our marriage certificate, and his application for a social security number - turn it into our local office and wait. That is all? They do not make anything easy , do they?

Only need passport showing K-1 visa, and I-94 card showing time left.

It is recomended to have a print out of this web page https://s044a90.ssa.gov/apps10/poms.nsf/36f...b4?OpenDocument

You can point out section C where it shows K-1 are considered employment authorized during the period of the I-94 card.

[YuAndDan 153]

I have not read it all, but once you apply and file to adjust status you no longer have "K1" Status, you are "Adjusting Status".

K1 means you are a Fiancee, once you are married well you're not.

Anyway no need to go there in this case.

The OP has not filed for AOS yet, the I-94 is still valid, and SAVE system has no record of marriage. As far as the SSA is conserned the applicant is a K-1 visa holder authorized by the time on the I-94 to apply for the SSN.

Having the SSN is useful when opening or being added to a bank account.

Many do file for SSN after getting married, so that a name change can be indicated on the SSN card.

[E&K 0]

Do I get this right?

If I apply for a SSN after 14 days my I-94 was issued but within 14 days of my I-94 expiring AND I married already they will issue it for me under my new married name (with marriage certificate, Passport with K1 and I-94). BUT if I USCIS has already received my AOS application they will not issue it?

I'm planning to get married 1 week after I get to the US, and send the AOS application the following week (provided I already have the certified Marriage certificate), and then apply for a SSN once the 14 days have passed.

Does this mean I can't do this? I really need a SSN so I can be added to my then husband's insurance.

[Miranda&James 8]

If I were you I'd also take a copy of what mdyoung always posts referring to how K1's are authorized to get a SSN.

[Yodrak 7]

E&K,

You can apply for your SSN on the basis of your K1 status, as indicated by your I-94, any time between entry and 76 days after entry. (The suggestion to wait 2 weeks after entry is because the USCIS SAVE data base does not get updated instantaneously on entry, someone has to do it manually when they get around to it.)

You have K1 status until the date indicated on your I-94 without regard to when you get married. But as this thread indicates, different people have different ideas about the issue. The same applies to people who are SSA employees. To minimize the risk of running into problems it is prudent for a K1 to apply before marriage. If that was not done, it is prudent for a woman who is applying after marriage to apply in her maiden name without mentioning the marriage. The name can always be changed later.

You do not really need a SSN to be added to your husband's insurance.

Yodrak

Do I get this right?

If I apply for a SSN after 14 days my I-94 was issued but within 14 days of my I-94 expiring AND I married already they will issue it for me under my new married name (with marriage certificate, Passport with K1 and I-94). BUT if I USCIS has already received my AOS application they will not issue it?

I'm planning to get married 1 week after I get to the US, and send the AOS application the following week (provided I already have the certified Marriage certificate), and then apply for a SSN once the 14 days have passed.

Does this mean I can't do this? I really need a SSN so I can be added to my then husband's insurance.