Social Security form: citizenship question (k1 visa).

[Erynn 0]

I'm doing my social security form right now and I'm stumped at the question of citizenship; yes, I know I'm not a citizen. I'm not sure whether to tick 'legal alien allowed to work' or 'legal alien not allowed to work', because it asks for evidence that I need a social security number and I'm not sure what that could be or where to get it.

I know it's a silly thing to be hung up on but I could use an explanation from someone whose done it. Thanks.

[catrocks 0]

From your timeline, it looks like you have not yet applied to adjust status. If this is the case, I believe you will have to wait until you have something to prove you need a SSN... either your EAD or green card. I had to wait until I got my EAD to get my SSN, and then it was restricted.

If you have either EAD or green card, then you should check "legal alien allowed to work".

[payxibka 10,044]

A K-1 status holder also indicates "Legal alien allowed to work" on the SSN application even if the application for SSN is made before AOS

moving to proper forum

Edited December 29, 2009 by payxibka

[baron555 934]

I'm doing my social security form right now and I'm stumped at the question of citizenship; yes, I know I'm not a citizen. I'm not sure whether to tick 'legal alien allowed to work' or 'legal alien not allowed to work', because it asks for evidence that I need a social security number and I'm not sure what that could be or where to get it.

I know it's a silly thing to be hung up on but I could use an explanation from someone whose done it. Thanks.

If you are a K-1, then you are legal allowed to work. Print out the summplemental form as listed on the AOS downloads.

[Erynn 0]

Thanks guys. I know it was a silly question.

[I'm Gone 60]

An individual that entered the United States with K-1 status applying for a work authorized Social Security number (SSN) must present evidence at an SSA office or Card Center 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, for example, Form I-94, Form I-551, Form 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, for example, Form I-551, Form 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, or issued a card.

The marriage document establishes the name change if it meets the following criteria:

-- The new name can be derived from the marriage document, for example,

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, for example, groom taking bride’s last name.

-- The marriage occurred within the past two years

-- The marriage document shows sufficient identifying information, for

example, 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, for example, age, date of birth or parent's names which

does not match our records, for example, 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.

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

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, for example, 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 SSN record, we can 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 a foreign-born person has the foreign birth certificate in his/her possession or can easily obtain a copy, he or she must submit it as proof of age. In some situations SSA can accept alternative evidence of age. The alternative evidence of age may be less than a year old, for example, foreign passport.

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

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 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:

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, or an immigration document with a “valid from” date in the future.

Take the required documents to the nearest Social Security office or Card Center. Individuals age 12 or older applying for an original SSN and card must apply in person.

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:

http://www.ssa.gov/locator

Applicants who live or receive mail in the Brooklyn, NY, Queens, NY, Phoenix, AZ, Orlando, FL, Sacramento, CA, or Las Vegas, NV area should apply at their local Social Security Card Center.

Individuals residing in the Minneapolis/St. Paul, MN area should apply at the Twin Cities Card Center.

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 (DHS). 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 DHS for manual verification.

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

However, some applications still require a copy of the immigration document(s) to be mailed to the appropriate bureau of DHS along with Form G-845 for manual verification.

Note: If the applicant has changed his/her name after an immigration document, for example, Form I-94, was issued, for example, 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, that is, 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.

Our offices can also assist applicants by issuing a notice acknowledging the SSN application while documents are being verified.

RM 00202.307 Acknowledgement for Form SS-5:

http://policy.ssa.gov/poms.nsf/lnx/0100202307

All cards are mailed from Social Security Headquarters in Baltimore, Maryland to the postal address provided on the Form SS-5.

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

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