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Filed: K-1 Visa Country: Vietnam
Timeline

My Anny joined me in the U.S. and we were married!

I called my health plan provider, to inquire about getting her on a health plan, and was told that she would need either a SSN or an ITIN (Individual Taxpayer Number).

Any information as to how and when a SSN could be obtained or whether it's advisable to first obtain an ITIN would be most appreciated.

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Filed: AOS (apr) Country: Canada
Timeline

If she's been here less than 76 days get her to a SS office so she can request a SS#.. if you weren't married before the end of 2005, you wont be able to get an ITIN...

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Filed: Timeline
My Anny joined me in the U.S. and we were married!

I called my health plan provider, to inquire about getting her on a health plan, and was told that she would need either a SSN or an ITIN (Individual Taxpayer Number).

Any information as to how and when a SSN could be obtained or whether it's advisable to first obtain an ITIN would be most appreciated.

If she just got here she can apply for an SSN right now. The name she can put on the application is going to depend on if the marriage certificate has her age or date of birth. The amount of time take to actually be assigned the SSN and receive the card is going to depend on how long it takes to verify her status.

You aren't supposed to apply for an ITIN if you are currently eligible to be assigned an SSN and with K-1 status she is currently eligible. Plus to be issued an ITIN she needsto submit the application with your tax forms.

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You need to remember that SSA will not assign an SSN or issue a card if her status has expired

or is within 14 days of expiring.

K-1 status is good for 90 days, so that only gives her 76 days to be assigned an SSN and issued a card. After that time she will need an EAD or I-551 card to establish authorization to work. Before that time the

I-94 showing K-1 status is the document that establishes authorization to work for SSN purposes.

The status/documents of all aliens must be verified before SSA will assign an SSN and/or issue a card and the 14 day limit applies even if she passes the 76th day while waiting for her status to be verified.

The SSA office will try to verify her status through the SAVE system while she is in the office. If they can't, they will send a form G-845 to immigration for manual verification. This could delay the assigning

of an SSN and/or issuing a card for weeks and some times months.

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.

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Suggest that she take her birth certificate, passport and I-94 when going to apply. Plus marriage certificate if applying with married name and it has her age or DOB.

That should cover age, identity and work authorized alien status.

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http://policy.ssa.gov/poms.nsf/lnx/0100203001

RM 00203.001 Evidence Required for an SSN Card

C. POLICY - EVIDENCE FOR AN ORIGINAL OR NEW SSN

1. Work Authorized SSN Card

An alien allowed to work must provide evidence establishing age,

identity and work authorized lawful alien status.

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http://policy.ssa.gov/poms.nsf/lnx/0100203020

RM 00203.020 Number of Documents Required for an SSN Card

2. Original (and new SSNs)

At least two documents are required and should be requested.

b. Aliens

A foreign born individual should always be requested to submit a foreign

birth certificate if one is in his/her possession or if one can be

easily obtained. However, if a foreign birth certificate does not exist

or cannot be obtained, accept alternative evidence of age.

The DHS document (e.g., I-551, I-94, or an employment authorization

document) establishes work authorization and either identity or age. If the DHS document is used to establish alien status and identity, the alien must provide another document, such as a

passport or birth certificate, to establish age.

-----------------------------------------------------------------------------------------------

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

RM 00203.200 Evidence of Identity for an SSN Card

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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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http://policy.ssa.gov/poms.nsf/lnx/0100203210

RM 00203.210 Changing Numident Data

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 identity documents listed in RM 00203.200E. 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.

a. Bride Takes Groom’s Last Name

In all 50 U.S. States (this means the 50 States, Washington, D.C., Puerto Rico, U.S. Virgin

Islands, Guam, Northern Mariana Islands, and American Samoa) the bride may take her husband's last name

(surname or family name) as her new last name. (EXAMPLE: Jane Doe married John Jones and she

may change her name to Jane Jones.)

Interim Guidance: If the bride wants to take her husband's last name, accept the marriage

document as a legal name change for the bride if the new name can be derived from the marriage document; even if the marriage document only shows each partner's first names, the bride's prior surname and husband's surname. The marriage document alone can be accepted as evidence of identity for both

the old and new names when it meets the criteria described in RM 00203.200G.2.

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http://policy.ssa.gov/poms.nsf/lnx/0100203200#G2

2. Determine if the ID Document Has Required Information

Ask the applicant to submit one or more documents that show the person's name AND provide:

Biographical information in addition to the person's name that the reviewer can compare with the data on the SS-5 (e.g., date of birth, age, or parents' names) and/or

Physical information that the reviewer can compare with the applicant (e.g., physical

description, photograph).

NOTE: A non-picture identity document must have the person's name as well as information that can be compared to the Numident, the applicant or other documents submitted (e.g., age, date of birth, or parents' names).

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C. Procedure - Immigration Document as Evidence of Legal Name

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, presume 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.

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 NH’s legal name.

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http://policy.ssa.gov/poms.nsf/lnx/0100203450

RM 00203.450 Evidence of Nonimmigrant Status for an SSN Card

POLICY - GENERAL

Each alien lawfully admitted as a nonimmigrant should have an unexpired

DHS document as evidence of his/her status. An DHS letter, receipt, copy

of an application form or any document not listed in this subchapter is

not acceptable evidence of alien status in lieu of the appropriate DHS

document.

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http://policy.ssa.gov/poms.nsf/lnx/0100203030

RM 00203.030 Requesting Documents for an SSN Card

B. POLICY - FORM OF EVIDENCE

Evidence must be:

The original document, or a copy certified by the issuing agency or

custodian of the original record.

Uncertified photocopies and notarized copies are not acceptable.

A receipt from DHS showing the alien applied for the document is also

not acceptable. The applicant must present the actual document.

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If they can verify her status through SAVE with her maiden name this may stop them from sending the

G-845:

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

RM 00203.735 Requesting Online (Primary) Verification By SAVE

E. PROCEDURE—ONLINE SAVE QUERY RESPONSE INFORMATION DOES NOT AGREE WITH

IMMIGRATION DOCUMENT

1. Name

e. Applicant Has Changed His/Her Name But SAVE Query Response Shows Old

Name

In some cases, the applicant may have changed his/her name after DHS

issued the immigration document (e.g., he/she has married and is now

using the spouse’s last name) but does not present an immigration

document showing the new name. In these cases, the DHS system reflects

the new name only when the person provided the name change information

to DHS and requested to have his/her immigration record changed to show

the new name.

When the SAVE query response shows the old name that is shown on the

immigration document presented and not the new name on the identity

document presented, do not consider this a name discrepancy for

enumeration purposes. See RM 00203.200 when the applicant presents an

identity document in the new name that is more recent than the

immigration document to determine if the identity document is

acceptable. Tell the applicant he/she must report the name change to DHS

so that DHS can update its records.

NOTE FROM ME: Procedure tells the SSA office to tell you to report the name change to DHS, not that it can't be processed.

Edited by mdyoung
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