Social Security Application

[MandR 0]

Heading to get the Social Security card in a couple of hours after arriving here 3 weeks ago on my K-1 and was reading about questions # 3 on the form as well as the instructions.

Do I check off Legal Alien ALLOWED or Legal Alien NOT ALLOWED to work in Q-3

I do not have an EAD and will be sending in this and the AOS the 1st week in March.

If I put not allowed the instructions state it will say NOT ALLOWED to work on the social security card.

I guess after I receive my EAD I will go back and get another card to change that status...

Thank you

[I'm Gone 60]

If you entered with K-1 status, you should select "Legal Alien Allowed to Work."

http://policy.ssa.gov/poms.nsf/lnx/0100202115

RM 00202.115 Form SS-5 Item 3 — Citizenship

B. PROCEDURE - ANSWER TO ITEM 3

2. Legal Alien Allowed to Work

The applicant should check this block if he/she alleges to be a lawfully admitted alien with work authorization.

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

RM 00203.500 Employment Authorization for Nonimmigrants

C. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION

The following policy applies to employment authorization by class of

admission.

1. Aliens Work Authorized Without Specific DHS Authorization

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from DHS. The alien's I-94 will not have the DHS employment authorization stamp

and the alien will not have an EAD.

K-1 Fiance(e) of U.S. citizen

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[Minfay 0]

Okay, now I am really confused. We have K-1 status....and DID NOT get an EAD stamp when entering the country.

I have been under the impression that we are to check "Legal Alien NOT Allowed To Work" and that once you get your Green Card you get your SS card changed.

What is the best way to go? Just because your SS card says you are "legal" to work you can't because you don't have an EAD -- right? So, does it matter? What's the best way to go?

[damulag 26]

If you choose legal alien not allowed to work it will be much harder for you to get your card.

If you check "Legal Alien Not Allowed to Work," you must provide a document from the U.S.

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 U.S. government benefit. NOTE: Not all U.S.

State or local benefits are acceptable for non-work SSN purposes. Contact SSA to see if your

reason qualifies.

They will give you a card if your K1 is not about to expire.

[one_coolchiq 0]

I cheched legal alien allowed to work and didnt have a problem i got my card except that it's on my maiden name.

[I'm Gone 60]

The following are valid nonwork reasons:

-- Receive Social Security benefits

-- Receive Medicaid

-- Temporary Assistance for Needy Families (TANF)

-- Food Stamps

-- State/Local General Assistance Benefits

If you entered with K-1 status and you haven't been here over 76 days, you should select "Legal Alien Allowed to Work" and your I-94 establishes work authorization for SSN purposes. After 76 days will need an EAD card or I-551 stamp or card.

[Minfay 0]

Thank you!!

[tracyandoksana 0]

The Social Security card will come stamped not legal to work without DHS permission. Meaning You will need Your EAD and SS# to work. I marked legal to work on My wifes and She got hers. Still waiting on her EAD though.

Tracy

[ForeverAmen 0]

How long does it normally take to receive a SS card once you've filed your application?

[I'm Gone 60]

How long does it normally take to receive a SS card once you've filed your application?

There is no set time. It all depends on how long it takes SSA to verify you as having work authorized status. If they can do it through SAVE while you are in the office, you should have the card within a couple weeks, but can go back to the office in a day or two to get the number. If they can't verify you through SAVE and need to send a Form G-845 to immigration for manual verification it could be weeks or months before you are assigned your SSN.

If the SSA office does send the G-845, suggest that she go back to the SSA office no more than once a 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."

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

RM 00203.720 Verifying Immigration Documents

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

RM 00203.735 Requesting Online (Primary) Verification By SAVE

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After having waited at least 30 days and your local SSA office doesn't seen concerned about following up on the G-845 she can try contacting the SSA Regional Office (RO) responsible for your state:

http://www.ssa.gov/pressoffice/natlpocontacts.html

Refer them to this:

RM 00203.740 Requesting Additional (Manual) Verification By DHS

B. PROCEDURE – HOW TO REQUEST MANUAL VERIFICATION

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 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.

Edited February 3, 2006 by mdyoung

[Shari 6]

MD Young - My husband took his son (18 years old) 2-1/2 weeks ago for his SS card because he just received his EAD. He was not in the system. They did not say anything abut the G-845 but said to call back in two weeks. He called today and they said he was still not in system. Again, she did not say anything about the need to fill out G-845, just to call back in another week. So I guess they need to go back to the office and sit in line another 2 hours to have this filled out right? But what if they get there and the SS people don't want to fill out G-845 or say its not necessary and just keep checking back? They don't seem to be concerned about it now, and he is talking with someone that is supposed to be knowleable about this step (the lady that asnwered the phone ysterday said she didn't handle that, this other specific lady did).

If it can take up to a month, would it be better for my step-son to apply for the taxpayer identificaiton number now so he can start to work sooner? Do you know how LONG this takes to process from the time you mail it off? If we would have known it would have been all this hassle with SS, we would have applied for him a taxpayer identification number a month ago. UGH!

[de_sjiem 0]

:

If it can take up to a month, would it be better for my step-son to apply for the taxpayer identificaiton number now so he can start to work sooner? Do you know how LONG this takes to process from the time you mail it off? If we would have known it would have been all this hassle with SS, we would have applied for him a taxpayer identification number a month ago. UGH!

Just a note shari, the taxpayer identification number does not allow you to work.. it is only for tax purposes... you need a SS# for that...

[I'm Gone 60]

MD Young - My husband took his son (18 years old) 2-1/2 weeks ago for his SS card because he just received his EAD. He was not in the system. They did not say anything abut the G-845 but said to call back in two weeks. He called today and they said he was still not in system. Again, she did not say anything about the need to fill out G-845, just to call back in another week. So I guess they need to go back to the office and sit in line another 2 hours to have this filled out right? But what if they get there and the SS people don't want to fill out G-845 or say its not necessary and just keep checking back? They don't seem to be concerned about it now, and he is talking with someone that is supposed to be knowleable about this step (the lady that asnwered the phone ysterday said she didn't handle that, this other specific lady did).

If it can take up to a month, would it be better for my step-son to apply for the taxpayer identificaiton number now so he can start to work sooner? Do you know how LONG this takes to process from the time you mail it off? If we would have known it would have been all this hassle with SS, we would have applied for him a taxpayer identification number a month ago. UGH!

I really have no idea if they sent a G-845, but I would make darn sure that they have sent one. If they give you a hard time about sending one I would start yelling for the office manager and show him or her this.

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

RM 00203.720 Verifying Immigration Documents

C. PROCEDURE—VERIFYING AN IMMIGRATION DOCUMENT

STEP 8

Query SAVE online and review the SAVE query response (see RM 00203.735). Does the online SAVE query response data exactly match all the information on the immigration document presented and does the SAVE query response confirm the immigration status shown on the immigration document?

If no, go to step 10 if one or more of the following apply:

The SAVE query response does not confirm the immigration status shown on the immigration document.

The SAVE query response Eligibility Statement line shows the message “Institute Additional Verification.”

STEP 10

Has the applicant been in the U.S. 10 calendar days or more?

If yes, request DHS to manually verify the immigration document and the person’s immigration status.

Complete Form G-845, Document Verification Request, (RM 00203.740);

Explain on the G-845 that the online SAVE data does not confirm the applicant’s immigration status or does not confirm the information on the immigration document;

Attach a clear, legible copy of the immigration document; and

Send it to the DHS, USCIS office

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I spoke to the ITIN office today and they don't require any verification that you can't be assigned an SSN, so if you need a number for taxes I would go ahead an send off for the ITIN with your tax forms, since he will probably get that faster than the SSN. Just be sure to contact IRS if he is issued an ITIN once he is assigned an SSN.

You can contact the ITIN office by calling 1-215-516-4846. Exspect to be on hold for a while.

Since he has an EAD card technically he can start working without the SSN, just finding an employer that will going along with this might be hard to do.

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

Delays in Issuing SSNs to Aliens by the Social Security Administration

There is no federal law administered by any federal agency which prohibits the hiring of a person based solely on the fact that the person does not have a Social Security Number (SSN). Similarly, there is no federal law which prohibits the making of a payment to a person based solely on the fact that the person does not have an SSN.