SSN

[inlababo 1]

I arrived Texas last Dec. 30, 2011 on a K1 visa, got married on the 13th of January. Will I be abke to apply for SSN even if I did not have my EAD?

[Inky 1,110]

Depends on when your I-94 expires.

[ysiad23 0]

yes you can apply a ssn as long as your I 94 not expires and you have your marriage certificate

[Book Em Dano 2]

Hello,

I'm also interested in some guidance on this issue. I've seen/read no less than a dozen differing VJ member responses as to whether one can or can't apply for and receive an SSN card until one receives their EADS card/authorization. I'm unable to find anything contrary to the www.ssa.gov website. Do you know where "official" guidance may be located.

Thank you in advance.

yes you can apply a ssn as long as your I 94 not expires and you have your marriage certificate

Edited February 25, 2012 by Book Em Dano

[The Nature Boy 4,224]

Hello,

I'm also interested in some guidance on this issue. I've seen/read no less than a dozen differing VJ member responses as to whether one can or can't apply for and receive an SSN card until one receives their EADS card/authorization. I'm unable to find anything contrary to the www.ssa.gov website. Do you know where "official" guidance may be located.

Thank you in advance.

Yes no problem, you just will not be authorized for work.

[Dave&Roza 748]

Hello,

I'm also interested in some guidance on this issue. I've seen/read no less than a dozen differing VJ member responses as to whether one can or can't apply for and receive an SSN card until one receives their EADS card/authorization. I'm unable to find anything contrary to the www.ssa.gov website. Do you know where "official" guidance may be located.

Thank you in advance.

Your immigration status is a K-1 visa holder. So you use the K-1 visa in your passport and the I-94 form. As long as there is more than 2 weeks before the I-94 expires, who may apply for a SSC based on the K-1 visa as you are considered an immigrate eligile to work in the eyes of SSA and therefore are able to apply for a SSC without the EAD or GC also if your I-94 is more than two weeks from expiring (yes, that is the most improtant part of this and why I keep repeating it). You need to use your passport as ID and age and they sometimes require a second document for age so take your birth certificate just in case. Fill out the form SS-5 and go to your local SSA office. Now the fun really begins. Most employees do not know about the K-1 being eligible for a SSN or they will tel lyou that once married you cannot get one. Both are a load of BS. Then note time, date, local office, and the name of the person that helped you. Should you have any problems go to the SSA website and e-mail them your situation. They typically will give you an e-mail to print out to set the person at the local office straight.

Now the SSC will have the words "VALID FOR WORK WITH DHS AUTHORIZATION ONLY" which means you cannot legally work until you receive the EAD or GC. But at least you have a SSN and can do all those things that reuire on.

Good luck,

Dave

Edited February 25, 2012 by Dave&Roza

[inlababo 1]

Thank you so much, it helps me a lot.

[Book Em Dano 2]

Hi Dave,

I'm hoping the OP doesn't feel like I'm hijacking their thread, rather I'm hoping it clarifies further for myself, them, and others. Having said that, would you be able to cite any specific guidance/proceedure in regards to what you're saying. What you've written sounds quite logical. I'm just unable to find out why an SSA employee would either be unaware of this particular proceedure or what they're using as justification to deny an SSN application. Where may I find and cite specific guidance...just like one would find guidance from USCIS when filing a petition or instructions for filling out a form? I'm unable to locate what you're referencing.

Thank you.

Your immigration status is a K-1 visa holder. So you use the K-1 visa in your passport and the I-94 form. As long as there is more than 2 weeks before the I-94 expires, who may apply for a SSC based on the K-1 visa as you are considered an immigrate eligile to work in the eyes of SSA and therefore are able to apply for a SSC without the EAD or GC also if your I-94 is more than two weeks from expiring (yes, that is the most improtant part of this and why I keep repeating it). You need to use your passport as ID and age and they sometimes require a second document for age so take your birth certificate just in case. Fill out the form SS-5 and go to your local SSA office. Now the fun really begins. Most employees do not know about the K-1 being eligible for a SSN or they will tel lyou that once married you cannot get one. Both are a load of BS. Then note time, date, local office, and the name of the person that helped you. Should you have any problems go to the SSA website and e-mail them your situation. They typically will give you an e-mail to print out to set the person at the local office straight.

Now the SSC will have the words "VALID FOR WORK WITH DHS AUTHORIZATION ONLY" which means you cannot legally work until you receive the EAD or GC. But at least you have a SSN and can do all those things that reuire on.

Good luck,

Dave

Edited February 25, 2012 by Book Em Dano

[Hank_ 9,174]

yes you can apply a ssn as long as your I 94 not expires and you have your marriage certificate

You do not need a marriage certificate, heck don't need to be married.

[Hank_ 9,174]

Hi Dave,

I'm hoping the OP doesn't feel like I'm hijacking their thread, rather I'm hoping it clarifies further for myself, them, and others. Having said that, would you be able to cite any specific guidance/proceedure in regards to what you're saying. What you've written sounds quite logical. I'm just unable to find out why an SSA employee would either be unaware of this particular proceedure or what they're using as justification to deny an SSN application. Where may I find and cite specific guidance...just like one would find guidance from USCIS when filing a petition or instructions for filling out a form? I'm unable to locate what you're referencing.

Thank you.

Inquiring minds want to know... OK

Under §205©(2)(B)(i)(I) of the Social Security Act, SSA is required to assign SSNs "to aliens at the time of their lawful admission to the United States either for permanent residence or under other authority of law permitting them to engage in employment in the United States. . . ." Because Federal law authorizes K 1 visa holders to work incident to their visa status, K 1 visa holders are eligible for SSNs.

[Book Em Dano 2]

Would you kindly provide the associated link? I did a Google search attemtping to locate that particular section and your quoted portion but I was unable to find it.

Inquiring minds want to know... OK

Under §205©(2)(B)(i)(I) of the Social Security Act, SSA is required to assign SSNs "to aliens at the time of their lawful admission to the United States either for permanent residence or under other authority of law permitting them to engage in employment in the United States. . . ." Because Federal law authorizes K 1 visa holders to work incident to their visa status, K 1 visa holders are eligible for SSNs.

[Dave&Roza 748]

Would you kindly provide the associated link? I did a Google search attemtping to locate that particular section and your quoted portion but I was unable to find it.

It is not actually in the USCIS website, it is in the CFR which I have quoted before. You can do a search on VJ for SSN and Dave&Roza and this topic has come up before. This CFR is where you go to say that the K-1 visaholder is not elibigle to work without authorization. The problem you are having is that there are two federal agencies involved--USCIS and SSA. The USCIS grants the work authorization, but it is the SSA that adminsters the SSC and issuing SSN. They have their rules to follow. It was decided that because a lot of counties used to require a SSN in order to get married and you had to get married before filling for AOS under the K-1 it became a catch-22, so the SSA made it possible for a K-1 visa holder to get a SSN under the legal alien allowed to work claus of THEIR rules. It does not mean that you can work per the CFR I am refering you to--that is under the USCIS' control. If you want to know further, I suggest you e-mail the SSA at their main e-mail address and ask them directly. Most of the information about SSA allowing K-1's to get a SSN is internal memos distributed on VJ by I QUIT who used to work for the SSA, I think, as he had a lot of knowledge about the SSA processes and procedures.

Dave

[Smiley-one 13]

I arrived in the US as a K1 Visa holder and I applied exactly one week after my POE. I applied on the Monday and had my SSN on the Friday of the same week. The woman at the Virginia Social Security Office was very nice and knew exactly how to process my application for the SSN.