I found this on the SSA website and it has me confused about my fiance's (will be husband when he applies) eligibiity for a SS#:

If you do not have permission to work, you may apply for a Social Security number only if:

A federal law requires you to provide your Social Security number to get a particular benefit or service; or
A state or local law requires you to provide your Social Security number to get general assistance benefits that you already have qualified for.

He won't have permission to work until he a) receives EAD or b)has his AOS approved.

So, what gives?

Yikes! This one was moved fast!

I actually took a moment to contemplate where to post this, and decided against this forum since the SS# question seems to have nothing to do with working nor traveling.

Guess I was wrong!

Coming in as a K1 you do have temporary work authorization, that's why you can get the SS# before AOS or EAD.

As long as you wait 2 weeks after your arrival into the U.S. with a K-1 Visa, you can go to the SSA office and apply for a SSN.

I applied for my SSN card 2 days after I got married. The card arrived about a week later.

Hmm...I'm confused. I thought that temp work authorization was only granted at certain POEs.

raymaga: that's what I've been reading on VJ, that's why I'm so mixed up about what I found on the SSA website.

So what are you asking? (forgive me, I'm slow today)...

Just fill out the application, when he arrives, wait 2 weeks and go to the SS office. When you show them the I-94 in his passport, they will know what to do.

See the blurb below, this details what goes into this forum:



The bolded part explains why it was moved.

Okay...will try to clarify my confusion (a bit of an oxymoron)...what I'm reading seems contradictory to my addled eyes.

I also found this on the website. Why does it say eligible for employment? I thought that only after applying for EAD and Aos based on our marriage he'd be able to work. So what would be used to prove work eligibility as they state in the required docs?

The K-1 symbol indicates you are the fiancé of a U.S. citizen. As such, you are eligible for a Social Security number and for employment.
To apply for a Social Security number:

Complete an Application For A Social Security Card (Form SS-5); and
Show us documents proving:
Immigration status;
Work eligibility;
Age; and
Identity.

Maybe I'm putting the cart before the horse...we haven't even been to the consulate yet.

A lot of employees at the SSA offices are not aware of the K-1 SSN rule. You can ask to speak to a supervisor if you have any problems.

As long as your I-94 is still valid for at least 14 days (I believe it's 14 days.... someone correct me here if I'm wrong), you are entitled to a SSN card as a K-1 Visa holder.

Edit: That is not to say that you are work authorized. You will get a SSN card with the notation on it that it is valid only if work authorized. After you receive either EAD or the GC, then you go back to the SSA office to apply to have the notation removed from the card.

Thanks mags...I'm being both spacey and anal-retentive at the same time.

Hola Gabacha Yucateca,

As far as I know, you can go two weeks after his entry to the SS office and apply for the SS#. The only POE I know that gives a temporary EAD is JFK. My fiancé is comming via Chicago and they don't give EAD, so we are going to wait the two weeks for him to be in the system to apply...

Good luck

Your not the only one confused here. We went to the social security office this past friday. My wife came here on a k3. we brought the passport, I 94, marraige papers, birth certificate and when we tried to apply the woman said her computor won't go past the part where it wants the EAD number or the AOS number. Other people have no problems getting the ssn so we will try another office. I called the lawyer and he said to file for the EAD now, my wife doesnt have to work so I now have to pay more.

The SSA will not issue your wife SS# coz' she did not apply EAD, but since she's not in a hurry to work she can still get her SS# by checking the SS application form box to "legal alien not allowed to work" but she can update and change her SS card later on after she get her GC to a unrestricted SS card.

Well, I give up on this SSN. We went to another office today, the form was filled out and I checked the box not allowed to work. Gave the lady her passport with the I- 94 .. Once again the computor would'nt let her issue a number. She said to go to IRS and get a itin number for now. It must be something about the k-3 visa because I see many with a K-1 getting SSN,s. I'm filing for AOS next week so I might as well pay the extra and file the EAD also because I'm out of social security offices here. On a better note my wife was able to get her fishing license at least, twice the cost of a license for a citizen.

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.

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.

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.

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

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.

I Quit,

You understood my question correctly, thanks for the explanation.

Yodrak