I have a K1 visa, do I need a SSN before AOS/EAD?

[caroledfb 0]

Hi, I have a K1 visa, do I need a SSN before AOS/EAD?

Thanks

[Saddle Bronc 124]

[caroledfb 0]

Thanks for the answer... Do I need a SSN for the DMV and get a driving licence?

[Kez/JWolf 6]

Most states now require you to have a SSN before they will issue a Drivers Licence.... you can check your states requirements at their website...

Kezzie

[*Robert* 2]

Though you don't need a SSN before AOS/EAD, if you plan on applying for an EAD, and want to work when you get it, you have to have a SSN.

When filling out the forms for AOS, they ask for SSN on a couple of the forms, so it's nice to have a number to fill in the blanks.

As for drivers license (or state ID), many states not only require a SSN, but they also want an EAD, GC, or NOA for your interview date. Be sure to read carefully the requirements for your state.

[caroledfb 0]

Thank you all for your kind answers...

[elyjack 0]

No you don't. You are eligible for SSN with a K1 visa but you have to get it before it expires. If you wait until after it expires then you will have to wait for either your AOS or EAD.

My wife got her SSN right after we got married and before we applied for AOS. I have heard that some SSA offices are confused about the law and might tell you that you are not eligible but that is not correct. We didn't run into that problem at all. We showed them our marriage license, visa, and passport. They looked her up in the database and she had a SSN in about a week in her married name.

[I'm Gone 60]

You don't need it to have an SSN to file AOS or the EAD, but still go apply ASAP.

An individual with K-1 status applying for a work authorized SSN must present evidence 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.

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.

RM 00202.115 Form SS-5 Item 3 — Citizenship:

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

B. PROCEDURE - ANSWER TO ITEM 3

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.

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 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 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.

-- 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 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 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 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.

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, 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#E6

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 our 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 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

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 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.

If the SSA office does send the G-845, suggest that you go back to the SSA office no more that once 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.”

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

RM 00203.735 Requesting Online (Primary) Verification By SAVE

You can try calling the SSA Regional Office if you have waited at least 30 days and your local SSA office doesn't seem to be concerned about following up on the G-845

http://www.ssa.gov/otherssasites/

Refer them to:

http://policy.ssa.gov/poms.nsf/lnx/0100203740

RM 00203.740 Requesting Additional (Manual) Verification By DHS

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 Regional Office (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.

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 SSN and employment information on the Internal Revenue Service Website at:

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

Edited October 6, 2006 by mdyoung

[Big Boss 0]

I checked the DMV website for NY and I saw the points for Foreign passport and I-94 and then it had status codes.....

What are status codes? My fiancee is coming in on K1, what code will we be?