Which Order?

[tamarae 0]

Ok I'll admit I've slacked as a fiancee, I havent even read up on any of this AoS stuff until today, and we're getting married next week.

C has been in the US since Jan 5, our wedding is March 17.

Another date to note, his I-94 expires Apr 4.

What order do we have to file all of this stuff.. the SSN, EAD and AoS?

Looks to me like the I-465 wants a SSN from the little bit I read over it.

I've tried reading over the guides here and I'm just confused, I think I'm thinking about it too hard.

Thanks guys, I know you all know the answer.

Shawna

Edited March 7, 2006 by tamarae

[UmmSqueakster 54]

He's been in the country long enough so that his information should be in the government system. You both should be able to go down to the local social security office and get a social security number. It usually takes 1 to 2 weeks to arrive.

The AOS and EAD can be sent in together after you get married. It's a good idea to start looking at it now, and make sure that your fiance gets the proper vaccination suppliment filled out and that you have the paperwork assembled. My husband and I neglected to get the vaccination suppliment until after we were married, and it delayed us a month in sending it in.

As for the I-94, as long as he is adjusting status, it should be ok even if it's expired. However, my husband carries around a copy of his NOA for the AOS with his passport, so that when the random person says that he's here illegally because his I-94 is expired (like the people at the DMV), he can show that he's applying for a green card.

Don't think too hard, just find the list of things you need for the AOS and EAD, and work on getting that stuff together. Good luck on your wedding and ensuing paperwork

[tamarae 0]

Thanks so much!

So on the SSN application, he marks "Legal alien NOT allowed to work" as his citizenship, correct?

Wish that office would stay open until I get off work every day, but it doesnt..

[I'm Gone 60]

Should have applied for the SSN long ago.

An individual with K-1 status applying for a work authorized SSN must present evidence to establish his or her age, identity, current lawful employment authorized status.

An individual needs to provide at least two documents as evidence to establish age, identity and current lawful employment authorized status.

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.

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.

RM 00202.115 Form SS-5 Item 3 — Citizenship:

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

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

Suggest that individuals with K-1 status apply for a corrected SSN card to update the SSN record when there has been a name change due to marriage.

The applicant may submit either:

-- One legal name change document showing both the old and new names

(e.g., a court order for a name change or a marriage document). The

document must also show either (1) a description or photograph of

the person or (2) biographical information that can be compared with

the Numident data; or

-- When the name change document does not show either a photograph of

the person or biographical information that can be compared with the

Numident data, then, in addition to the name change document, the

applicant must also submit two acceptable identity documents. One

of the submitted identity documents must show the old name (the name

on the latest Numident record) AND the other submitted identity

document must show the new name (the name to be shown on the

corrected SSN card). The identity documents submitted must show

either a photograph of the applicant or provide biographical

information that can be compared with the Numident data.

Note: For a marriage document or marriage record to be acceptable as an identity document it must show, in addition to the applicant’s name, either the applicant’s age, date of birth or parents’ names and the marriage document alone can be accepted as evidence of identity for both the old and new names when it meets this standard.

When issuing immigration documents, the Department of State and DHS 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

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 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, identity evidence must be of recent issuance to establish an individual's continued existence and have been established at a later time and for a different purpose than the birth record.

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 as proof of current lawful employment authorized status.

Form SS-5, “Application for a Social Security Card,” is the appropriate form to request an original SSN and card or corrected card.

You can request Form SS-5 by calling the SSA toll-free number, 1-800-772-1213 or it can be accessed on the SSA Website at:

http://www.ssa.gov/online/ss-5.html

Complete the Form SS-5 and take it along with 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 an SSA office.

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 valid identity 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.

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 helpful information on the CIS Website at:

http://uscis.gov/graphics/howdoi/hdifiance.htm

http://uscis.gov/graphics/howdoi/LPRApplication.htm

http://uscis.gov/graphics/howdoi/ead.htm

http://uscis.gov/graphics/howdoi/remCond.htm

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

If not eligible to be assigned an SSN, your local Social Security offices can provide written notice using Form SSA-L676 to explain that an SSN cannot be assigned due to your not having provided authorization to work in the U.S. or evidence of a valid nonwork reason for needing an SSN.

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

The IRS assigns individual taxpayer identification numbers (ITIN) to aliens for tax purposes who are not eligible to be assigned an SSN. A Form W-7, “Application for an Individual Taxpayer Identification Number,” needs to be submitted to receive an ITIN.

You can download a form W-7 from the IRS Website at:

http://www.irs.gov/formspubs/index.html

You may also contact the IRS ITIN office by calling 1-215-516-4846.

You can find additional information on the IRS Website at:

http://www.irs.gov/individuals/article/0,,id=96287,00.html

[tamarae 0]

That's a lot of info. Thanks for the work read..

So we have the SSN application ready to rush off to the social security office as soon as I'm free for lunch.

Does he have to have a SSN to apply for AOS, I've read some people send off all applications at the same time instead, were they just wrong?

I really appreciate your time today guys! You've been a big help/motivator.

[I'm Gone 60]

Does he have to have a SSN to apply for AOS

No, if he doesn't have an SSN by the time he wants to submit the AOS, just put "NONE" where the forms request his SSN.

Edited March 7, 2006 by mdyoung

[tamarae 0]

Thanks a bunch!

I promise to read and do my research from here on out..lol