Folinskyinla

Hi:

http://www.ssa.gov/oig/ADOBEPDF/A-08-07-17044.pdf

This is a typical government report, there are instances of where some people "abuse" the system and break the law, so the remedy is prevent the "abuse" from the few by punishing the vast majority who do not violate the law.

gstring

Thank you for the link and information.

I don't have time to read and digest it all now - I'm on a lunch break.

What does it mean in short?

Tracym

Oh yuck.

As I read it, what they are trying to do is one and/or two things:

1. Not grant a SSN to a K-1 until after they are married

2. Change it so that K-1's are NOT authorised to work until they receive an EAD, and then grant the SSN based on that EAD.

Basically, if they get their way, a K-1 will not be able to work until after they are married, and possibly not until after the EAD comes through (90 days after they file for marry and file for AOS)

paul_79

Damn - that's how I read it too. I'm planning to go out on K1 just before Christmas and they expect an answer from DHS by the end of the year. I was planning to work!

Rete

As to #1, in 1998 that is what the SSA insisted to my husband, that as a K-1 he was no longer eligible for a SSN. We were almost thrown out the office for insisting that the employee was incorrect and demanding to see a supervisor which we were not allowed to do.

Another SSA office gave it to him, no problem.

However, being that the EAD for a K-1 is only for 90 days, I don't see what the issue is. Come to the US with enough funds to last you until you marry and get your one year EAD in the mail. It is something that the regular members of this forum have advocated since its inception in 1998.

There are very few exceptions, and yes, we know your husband is one of them, that have jobs lined up before they enter.

Tracym

If they require an EAD, you can perhaps get around that by flying through JFK and getting the stamp. Maybe. I don't know if they will accept that, or if JFK will still be giving it out.

If DHS changes the rules, and makes K-1's not work authorized - you will be screwed for sure, have to get married and wait for the EAD to come through.

As I said.... yuck.

Tracym

Actually, my hubby didn't have a job lined up at all - had to look once he was here - he was just happy to not have a problem getting one

Aside from work, I think it's inconvenient to not have a SSN too though - banking, etc...

And finally, for someone with a pre-existing medical condition, it would be desirable to be able to work right away (even if they ended up with a gap) in order to hopefully preserve HIPAA eligibility for insurance coverage of pre-existing conditions.

So while what you say is correct for many people, I still think it sucks to take away the options.

paul_79

Yes, I was planning to go through JFK, marry within a few weeks and so hopefully if the EAD only takes 2/3 months to issue not having any problems with working the whole time. But now that may all change...I guess it's just a case of wait and see. Not really worth worrying about things I can't change!

Rete

Great attitude. Definitely a winner!

penguinbar

For anyone using Chase bank they do not require a SSN to open a bank account. I went there yesterday because I have an account there and they told me that my fiancee can open one up as long as he had his visa. We are getting married 3 weeks after he gets here and I know you should wait about two weeks after to apply for the SSN so hopefully that will be ok. Is a photocopy of the marriage liscense ok to take to the SS office or do we need the original or a certified copy? Do you think the temporary EAD stamp from JFK will be ok as well?

penguinbar

Just wondering do they give you the SSN right away or do you have to wait to get the card in the mail to know the number?

Bluegrass Lass

Consider that an SSN is required by almost all banks to add your the new spouse to a bank account, or that many health insurance companies require an SSN to add the new spouse. Typically if you want to add your spouse to your health insurance, you only have 30 days after the marriage. But if they require an SSN, you can't add them, and you can't get an SSN without the EAD which could take 90 days. You can't force the ins. company to accept your spouse, and how else is your spouse supposed to get health coverage if your open enrollment period is many months away?

Couldn't there also be issues with filing taxes, because of the potential that a spouse may not be able to get an SSN prior to the filing deadline (let's say if the EAD was delayed, lost in the mail, etc). I don't think a person can have an ITIN and an SSN (correct me if I'm wrong).

This could open up a can of worms, IMO. An SSN is essential in trying to establish yourself in the US because essentially you don't exist without one. This would make getting your life started together very difficult.

Tracym

The changes the SSA is talking about have not happened yet - you do not currently need the EAD. So if he gets here soon, you don't need any of that. In fact, it is better to go BEFORE you're married, or not mention that you are married. Under the current regulations, he shows up about 10 days after entry, and just shows his K-1. That is all.

You have to wait until the card comes in the mail I believe.

Folinskyinla

Hi:

You seem to miss the point -- the SSN would enable those "abusers" to get health insurance, filing taxes, getting jobs, maybe get a driver's license. And perhaps even "terrorists" could do it too. I find your lack to devotion to the national security of the United States to be shocking, just shocking!

rebs

You don't get the SSN there and then, but also you don't have to wait until it comes in the mail,

You can go back later (we were told to leave it a week, but I think others have been told go back the next day) and they can give you the number.