applying for SSN after filing I765

[AlexFB1907 2]

When I filed the I-765 for my wife, I checked the option on the form to have them assign my wife an SSN card. But it looks like it takes forever to get the EAD card. I know that SSN card arrives even after the EAD card. Among other things, my wife needs an SSN to obtain a driver's licence. We cannot wait a year to get the EAD card and SSN card. I know that local SS offices make appointments for first-time SSN applicants. I wonder if they accept NOA from I765 as legal status document. Obvioulsy we got married within 90 days and we have a marriage licence. Thank you. 

[Ayrton 965]

2 hours ago, AlexFB1907 said:

When I filed the I-765 for my wife, I checked the option on the form to have them assign my wife an SSN card. But it looks like it takes forever to get the EAD card. I know that SSN card arrives even after the EAD card. Among other things, my wife needs an SSN to obtain a driver's licence. We cannot wait a year to get the EAD card and SSN card. I know that local SS offices make appointments for first-time SSN applicants. I wonder if they accept NOA from I765 as legal status document. Obvioulsy we got married within 90 days and we have a marriage licence. Thank you. 

If her I-94 is expired, she can only get a SSN after receiving EAD.

[HRQX 4,145]

7 hours ago, AlexFB1907 said:

I wonder if they accept NOA from I765 as legal status document.

They don't. You'll have to wait until either EAD or GC is issued.

[Just Paul 4,595]

The time to get the SSN prior the I-94 has expired.  You have to wait for EAD or GC.

[Ela G. 389]

The information above is not entirely true. My I-94 expired in August and I have an appointment to get my SSN on Tuesday. They said as long as I bring my marriage certificate I’m good to go. This is in Virginia though. 

[HRQX 4,145]

36 minutes ago, Ela S. said:

The information above is not entirely true. My I-94 expired in August and I have an appointment to get my SSN on Tuesday. They said as long as I bring my marriage certificate I’m good to go. This is in Virginia though. 

Then that office is clearly disregarding SSA's Program Operations Manual System (POMS):

https://secure.ssa.gov/poms.nsf/lnx/0110210085 "The following are examples of unacceptable forms of evidence for an SSN:

• Uncertified photocopies and notarized copies;
• A receipt from Department of Homeland Security (DHS) showing the alien applied for the immigration document; and
• A Systematic Alien Verification Entitlements (SAVE) response in lieu of the actual immigration document."

Per the POMS, a SSN applicant can only use the K-1 I-94 in the first 76 days. https://secure.ssa.gov/poms.nsf/lnx/0110213300 "If, within the next 14 calendar days from the current date, either the person’s lawful alien evidence expires or the person’s lawful alien status expires, do not process the SSN application. In these situations, SSA cannot print and mail the SSN card to the applicant before the lawful alien document or alien status expires."

 

Also, which type of SSN card would they issue? It can't be an unrestricted card, since cannot get that before having Green Card in hand. Doubt it would be card with the "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" restriction since you don't have unexpired document in following list that says "Legal alien allowed to work": https://secure.ssa.gov/poms.nsf/lnx/0110211530 So the only one left is card with "NOT VALID FOR EMPLOYMENT" restriction: https://www.ssa.gov/ssnumber/cards.htm

Edited November 13, 2020 by HRQX

[AlexFB1907 2]

Thank you for your answers. I called the local office today and they got my wife's info for the appointment. They did even not ask for a legal status. They just asked us to bring the original marriage certificate. We are trying to get a SSN to obtain a driver's licence. My wife does not seek any work permit. Hence, having a restricted card (Not Valid for Employment) is sufficient for us.

 

[HRQX 4,145]

13 minutes ago, AlexFB1907 said:

We are trying to get a SSN to obtain a driver's licence. My wife does not seek any work permit. Hence, having a restricted card (Not Valid for Employment) is sufficient for us.

Also note: https://www.ssa.gov/legislation/testimony_072606.html "In October 2003, I significantly tightened the rules for issuing nonwork SSNs. No longer do we issue SSNs to non-citizens just so they can obtain a driver’s license. Instead, SSA only issues such an SSN when 1) a Federal statute or regulation requires an SSN to receive a particular benefit or service to which an alien has otherwise established entitlement; or 2) a State or local law requires an SSN to get public assistance benefits to which the legal alien without work authorization has otherwise established entitlement and for which all other requirements have been met."

[Ela G. 389]

4 minutes ago, HRQX said:

Also note: https://www.ssa.gov/legislation/testimony_072606.html "In October 2003, I significantly tightened the rules for issuing nonwork SSNs. No longer do we issue SSNs to non-citizens just so they can obtain a driver’s license. Instead, SSA only issues such an SSN when 1) a Federal statute or regulation requires an SSN to receive a particular benefit or service to which an alien has otherwise established entitlement; or 2) a State or local law requires an SSN to get public assistance benefits to which the legal alien without work authorization has otherwise established entitlement and for which all other requirements have been met."

Alright chill. We know about all this. I already have a driver’s license. Virginia doesn’t require a SSN to get one. 

 

You don’t need a work permit to get a SSN: https://www.ssa.gov/pubs/EN-05-10096.pdf

 

“If you are not authorized by DHS to work in the United States, you can get a Social Security number only if you can prove you need it for a valid non-work reason. That might happen, for example, if a state or federal law requires you to have a Social Security number to obtain benefits to which you have already established entitlement.” 

 

I’m thinking Covid-19 is the reason why they are more laxed.

 

[HRQX 4,145]

5 minutes ago, Ela S. said:

Alright chill. We know about all this. I already have a driver’s license. Virginia doesn’t require a SSN to get one.

OP is in TX. In lieu of SSN, Texas DPS needs a signed affidavit by the DL applicant that he/she doesn't have SSN. The DPS form is DL-13 (Social Security Affidavit).

Edited November 13, 2020 by HRQX

[HRQX 4,145]

On 11/13/2020 at 12:24 PM, AlexFB1907 said:

Thank you for your answers. I called the local office today and they got my wife's info for the appointment. They did even not ask for a legal status. They just asked us to bring the original marriage certificate.

What did they say in the appointment? Did they issue SSN?

[AlexFB1907 2]

18 hours ago, HRQX said:

What did they say in the appointment? Did they issue SSN?

I was told that they cannot issue a SSN becuase her K1 visa had expired. They asked me to call the USCIS to extend the K1 visa but it did not call becuase we already got married and K1 visa was not applicable anymore. 

[HRQX 4,145]

2 minutes ago, AlexFB1907 said:

but it did not call becuase we already got married and K1 visa was not applicable anymore. 

Yup. K-1 I-94 is always just 90 days irrespective if the K-1 gets married or not. https://www.uscis.gov/sites/default/files/document/guides/C1en.pdf "How do I know if I am not eligible to extend my stay in the United States?"

[HRQX 4,145]

8 minutes ago, AlexFB1907 said:

issue a SSN

When was I-765 filed? Has she already done biometrics?

[AlexFB1907 2]

8 minutes ago, HRQX said:

When was I-765 filed? Has she already done biometrics?

We filed on July 20. We have not received anything other than NOA1 yet.