Jump to content
Sign in to follow this  
AvoidDaNoid

Social Security Question

6 posts in this topic

Recommended Posts

Filed: Timeline

My wife is here on a K-1 Visa. We want to get her a SSN. This part confuses me:

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

If you check "Other," you must provide a document from the U.S. government agency that

explains why you need a Social Security number and that you meet all of the requirements for a

Federal benefit except for the number."

What should we put for #3 on the SS-5 form and then what do we bring to show why she needs a SSN?

U.S. Citizen

Legal Alien

Allowed To

Work

Legal Alien Not

Allowed To Work (See

Instructions On Page 2)

Other

(See Instructions

Thank you

Share this post


Link to post
Share on other sites
Filed: Timeline
My wife is here on a K-1 Visa. We want to get her a SSN. This part confuses me:

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

If you check "Other," you must provide a document from the U.S. government agency that

explains why you need a Social Security number and that you meet all of the requirements for a

Federal benefit except for the number."

What should we put for #3 on the SS-5 form and then what do we bring to show why she needs a SSN?

U.S. Citizen

Legal Alien

Allowed To

Work

Legal Alien Not

Allowed To Work (See

Instructions On Page 2)

Other

(See Instructions

Thank you

Here is a link to the form if anyone would like to know what I am talking about

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

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Pakistan
Timeline
My wife is here on a K-1 Visa. We want to get her a SSN. This part confuses me:

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

If you check "Other," you must provide a document from the U.S. government agency that

explains why you need a Social Security number and that you meet all of the requirements for a

Federal benefit except for the number."

What should we put for #3 on the SS-5 form and then what do we bring to show why she needs a SSN?

U.S. Citizen

Legal Alien

Allowed To

Work

Legal Alien Not

Allowed To Work (See

Instructions On Page 2)

Other

(See Instructions

Thank you

Here is a link to the form if anyone would like to know what I am talking about

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

If she entered at JFK and got the stamp to work you are allowed to get SS. It was piece of cake for us because my wife got the stamp for employment authorized at JFK upon entry. Good Luck

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline
If she entered at JFK and got the stamp to work you are allowed to get SS. It was piece of cake for us because my wife got the stamp for employment authorized at JFK upon entry. Good Luck

All K-1's regardless of entry point or "stamp", are eligible to apply from Day 1 to Day 76 of entry.


YMMV

Share this post


Link to post
Share on other sites
Filed: Timeline

An individual that entered the United States with K-1 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.

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

Example: If the immigration document, i.e., I-94, I-551, I-766, is used to establish work authorization and identity, the alien must provide another document to establish 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 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

Note: Marriage does not affect an individual with K-1 status's eligibility to be assigned an SSN and/or issued a card.

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

The marriage document establishes the name change 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: The type of name change requested must also be allowable under state law, i.e. groom taking bride’s last name.

-- 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

Social Security number (Numident) record.

The applicant may 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.

In name change situations when evidence of identity in the old name is required, e.g., name change occurred more than 2 years ago and the applicant does not have any acceptable evidence of identity in the old name with him or her at the time the SSN application is filed, we can request the following documentation to process the name change:

1. Name change document (e.g., marriage document) showing the old name that agrees with the name on the latest Numident record (Numident) (e.g., maiden name), and

2. Acceptable evidence of identity in the new name (name to be shown on the SSN card), excluding marriage document if it was submitted as the name change document and

3. Verification of identifying information (SSN, name(s) on latest Numident record, date of birth, place of birth, parents’ names) from the latest Numident record.

If these three documentation requirements are not met, the name change request cannot be processed under this new policy. Evidence of identity in the old name would need to be submitted per EM-06064.

Note: Refer the Social Security office personnel to EM-06064, which was issued 10/02/2006 and EM-07045, which was issued 07/03/2007 for the current procedures regarding name changes based on marriage.

https://secure.ssa.gov/apps10/public/refere...cttocategory=EM

This is in addition to proof of current lawful employment authorized status.

RM 00203.210 C. Procedure - Immigration Document as Evidence of Legal Name:

When an alien applies for an SSN card, we presume the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change, e.g., marriage, which occurred after the immigration document was issued.

In cases where an alien applies for a replacement SSN card and submits an immigration document showing a name that is different from the name on the prior Numident record, accept the immigration document as evidence of the legal name. In these cases, the prior SSN card may have been issued in a name that was not the number holder’s legal name.

RM 00203.210 Changing Numident Name Data:

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 cannot 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

SSA translators comprise two groups:

-- Field office and Payment Center employees who volunteer their

services as translators

-- Central Translation Section translators who hold actual translator

positions.

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 Web site 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 Identity Evidence 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

Note: Document must be unexpired

Secondary Identity Evidence for an alien:

-- Unexpired valid U.S. driver’s license (excludes licenses known to be

suspended or revoked)

-- U.S. State issued non-driver identity card (issued by the same State

agency which issues driver’s licenses/State-level agency with

issuing authority over the State’s identity card and not expired)

-- Marriage document showing in addition to the applicant’s name

either the applicant’s date of birth ( DOB) or age

-- Certified copy of medical record (clinic, doctor, or hospital) or

letter providing extract data from the medical record showing in

addition to the applicant’s name, the applicant’s DOB or age

-- Health insurance or Medicaid card showing, in addition to the

person’s name, either a photograph of the person or his/her DOB

-- School identity card or record (for current school year) showing, in

addition to the applicant’s name, either a photograph of the

applicant or the applicant’s DOB

-- Life insurance policy for the person showing his/her age or DOB.

However, the acceptability of an identity document must be evaluated on a case by case basis by the office processing the application.

You can find detailed information regarding evidence that establishes identity on the SSA Web site at:

http://policy.ssa.gov/poms.nsf/lnx/0100203200

SSA cannot accept an application filing receipt or notice of action as evidence 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: Applicants who live or receive mail in the Brooklyn, NY, Queens, NY, Phoenix, AZ, Orlando, FL, Sacramento, CA or Las Vegas, NV area MUST apply in person at one of the Social Security Card Centers.

Card Center Information:

http://www.ssa.gov/cardcenters/cardcenterinfo.html

Normally, an SSN card should be received in the mail within two weeks after the application and document(s) have been received and verified.

However, when an alien requests an SSN or replacement card, SSA must verify his or her documents/current status with the appropriate Bureau of the Department of Homeland Security. If the initial online verification is not possible through the Systematic Alien Verification for Entitlements (SAVE) system, SSA may need to send a Form G-845 to the appropriate Bureau of the Department of Homeland Security for manual verification.

Social Security field offices can submit an additional electronic online verification, which in the majority of applications eliminates the need to send a Form G-845 along with copies of the applicant’s immigration documents.

However, some applications still require a copy of the immigration document(s) being verified to be sent at the request of the Department of Homeland Security along with the 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.

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

You can find SSN and employment information on the Internal Revenue Service (IRS) Web site at:

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

If ineligible to be assigned an SSN, Social Security offices can provide written notice using Form SSA-L676 to explain that an SSN cannot be assigned due to your fiancé/spouse not having provided authorization to work in the United States for SSN purposes 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

Needing an SSN for school aid or enrollment, tax purposes, private health insurance, banking, credit cards, loans or to be issued a state professional or driver’s license are NOT valid non work reasons for needing an SSN.

The IRS assigns Individual Taxpayer Identification Numbers 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 Individual Taxpayer Identification Number.

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

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

You can contact the IRS ITIN office by calling 1-800-908-9982 or 1-215-516-2000.

You can find additional information on the IRS Web site at:

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

http://www.irs.gov/pub/irs-pdf/p1915.pdf

When am I legally required to provide my Social Security number:

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf....php?p_faqid=78

Share this post


Link to post
Share on other sites
 
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
Sign in to follow this  
- 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...