Jump to content

21 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Mexico
Timeline
Posted
Coming in as a K1 you do have temporary work authorization, that's why you can get the SS# before AOS or EAD.

Not exactly but close.

The K1 is a "work authorized" visa meaning once you have the proper work authorization document you can work. This is as opposed to a tourist visa, for example, which is not "work authorized" and therefore it is not possible to get the proper work authoirzation document.

He is allowed to apply for and get a SSN. The card will say "not authorized to work without proper authorization" or something to that effect. If he enters at a POE that provides temp work authorization for 90 days, he can work for 90 days. If he applies for a work authorization document, once it is received he can work.

Filed: Timeline
Posted

An individual with K-1/2/3/4 status applying for a work authorized SSN must present evidence at an SSA office to establish his or her age, identity and current lawful employment authorized status.

Note: Checking off on the DS-230 to be assigned an SSN DOES NOT apply for individuals issued K visas. That is only for individuals age 18 or older that have been issued an immigrant visa and all K visa classifications are non immigrant.

The applicant needs to provide at least two documents as evidence to establish age, identity and current lawful employment authorized status. If one document is used for identity and employment authorized, another has to be provided for age.

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 that entered the United States 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.

From day one of entry individuals that have entered the United States with K-2/3/4 status must provide an 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 Suggest that individuals apply for a corrected SSN card to update the SSN record when there has been a name change due to marriage.

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, and

-- The identifying information matches the information on his/her current Social Security

number record.

The applicant will need to submit an identity document in the old name along with the marriage document if:

-- The marriage occurred within the last two years and has biographical information, e.g.,

age, date of birth or parent's names which does not match our records, e.g., the SSN

record.

-- The marriage occurred within the last two years, but does not show biographical

information, or

-- The marriage occurred over two years ago (with or without biographical information.)

The identity document used to establish the old name must match the name on the current SSN record. The identity document is acceptable even if over two years old or expired.

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 refer SSA office personnel to EM-06064 for current procedures for a name change due to marriage.

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.

Primary Evidence of identity for an alien:

-- Form I-551, Permanent Resident Card (includes temporary I-551 stamp in combination with an

unexpired foreign passport when the I-551 Permanent Resident Card has not yet been issued)

-- Form I-94, Arrival/Departure Record in combination with an unexpired foreign passport

-- Form I-766, Employment Authorization card

-- Form I-688B, Employment Authorization card

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#E

SSA will not accept an application filing receipt or notice of action in place of an immigration document.

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

Note: Individuals that live or receive mail in the Brooklyn, NY, Queens, NY and Las Vegas,NV areas must apply in person at a Card Center:

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf...hp?p_faqid=1412

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 the initial verification is not available through the Systematic Alien Verification for Entitlements (SAVE) system, SSA may need to send Form G-845 for manual verification.

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.

Note: For applications submitted after 01/06/2007 SSA offices can submit an additional electronic verification request, that in most cases eliminate the need for a Form G-845 to be sent.

If your status does not verify through the initial SAVE request be sure that the secondary request has been made and return to the SSA office no more than once a week to see if the SSA office has received a response from the secondary verification request. Be sure to take your document whenever going into the SSA office.

All cards are mailed from Social Security Headquarters in Baltimore, Maryland to the postal address provided on the application.

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

The IRS issues Individual Tax Identification Numbers for tax purposes to individuals that are not eligible to be assigned an SSN.

To be issued an ITIN Form W-7 must be submitted.

For more information you can contact the the ITIN office by calling 1-215-516-4846.

If issued an ITIN and later assigned an SSN, be sure to contact IRS to have the ITIN canceled.

Filed: AOS (apr) Country: Scotland
Timeline
Posted

There are two things at hand with the K1 Visa.

Yes the K1 is a work authorized Visa that is valid as long as the expiration date on the I-94 (90days)

In order to be qualified to get work the I-94 must be stamped as "employment authorized", this is according to the instructions on the I-9 that the employer must fill out and sign.

2005 Aug 27 Happily Married

Filed: Timeline
Posted

I Quit,

Does this statement require some additional explanation?

Specifically, for a K1 person the I-94 indicating K1 status is acceptable evidence of employment authorized status for SSA purposes (but not for for employment purposes), but for K2, K3, and K4 persons the I-94 is not acceptable evidence of employment authorized status (for the SSA as well as for employment) - is this correct?

Yodrak

An individual with K-1/2/3/4 status applying for a work authorized SSN must present evidence at an SSA office to establish his or her age, identity and current lawful employment authorized status.

.....

Filed: Timeline
Posted
Does this statement require some additional explanation?

Specifically, for a K1 person the I-94 indicating K1 status is acceptable evidence of employment authorized status for SSA purposes (but not for for employment purposes), but for K2, K3, and K4 persons the I-94 is not acceptable evidence of employment authorized status (for the SSA as well as for employment) - is this correct?

Yodrak

An individual with K-1/2/3/4 status applying for a work authorized SSN must present evidence at an SSA office to establish his or her age, identity and current lawful employment authorized status.

.....

If I understand what you are asking, SSA accepts the I-94 from a K-1 to be assigned a work authorized SSN (issue restricted card that needs an EAD) for the first 76 days.

K-2/3/4 all need the EAD card or wait until AOS is approved and the I-551 stamp or card is issued from day one of entry.

The reason for this difference as explained to me by the person that wrote EM-00154 is that at one time SSA required all Ks to have the EAD stamp or EAD card, but INS at that time was having trouble getting the EAD cards out to K-1s under the A6 catagory before the 90 days were up, so EM-00154 was written.

Now what DHS/USCIS thinks on this matter (and the one that counts) I have never been 100% certain if a K-1 could work without an EAD stamp or card.

Filed: Timeline
Posted

I Quit,

You understood my question correctly, thanks for the explanation.

Yodrak

Does this statement require some additional explanation?

Specifically, for a K1 person the I-94 indicating K1 status is acceptable evidence of employment authorized status for SSA purposes (but not for for employment purposes), but for K2, K3, and K4 persons the I-94 is not acceptable evidence of employment authorized status (for the SSA as well as for employment) - is this correct?

Yodrak

An individual with K-1/2/3/4 status applying for a work authorized SSN must present evidence at an SSA office to establish his or her age, identity and current lawful employment authorized status.

.....

If I understand what you are asking, SSA accepts the I-94 from a K-1 to be assigned a work authorized SSN (issue restricted card that needs an EAD) for the first 76 days.

K-2/3/4 all need the EAD card or wait until AOS is approved and the I-551 stamp or card is issued from day one of entry.

The reason for this difference as explained to me by the person that wrote EM-00154 is that at one time SSA required all Ks to have the EAD stamp or EAD card, but INS at that time was having trouble getting the EAD cards out to K-1s under the A6 catagory before the 90 days were up, so EM-00154 was written.

Now what DHS/USCIS thinks on this matter (and the one that counts) I have never been 100% certain if a K-1 could work without an EAD stamp or card.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...