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Atlanta SS / EAD issue with K-2 child - Don't make this mistake

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Atlanta SS / EAD issue with K-2 child - Don't make this mistake

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Old Jun 6th 2002, 4:20 pm
  #1  
Anthony Elliott
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Default Atlanta SS / EAD issue with K-2 child - Don't make this mistake

Hi all,

My K-1 wife and I visited the SS office in Marietta today. We were armed with fresh
EADs from last week's visit to Atlanta INS. Here's the scoop...

My wife has two K-2 children that came her with her from Ukraine - one is 16 and the
other is 13. When I filed the AOS/EAD paperwork for them back in February I did NOT
request an EAD for the 13-year old. After all - she's 13 has isn't allowed to work
anyway, so what's the point in getting an "Employment Authorization Document" for
her. Right? Wrong.

We applied for SS cards for my wife and 16-year old today without a problem - both
had EADs. However, the SS office would not accept the application for the 13-year old
without an EAD. The lady at the SS office was nice enough and showed me the small
blurb on her computer screen that stated this fact.

Of course, I had all of their other documents collected to date (birth
certificates, passports, INS receipts and paperwork of various description). But
according to the lady at the SS office, an EAD is required of a K-2 applicant
before a SS card can be issued.

Yes, we should have applied for the SS cards within the 90 days of their arrival
(before marriage) while the K-1/2 visas were still valid ... but that's
hindsight now.

Does anyone know if there's a way around this or do I now need to apply for the
13-year old's EAD, wait another 3-4 months, etc.?

Thanks in advance,

Tony
 
Old Jun 6th 2002, 6:20 pm
  #2  
Mrtravel
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Posts: n/a
Default Re: Atlanta SS / EAD issue with K-2 child - Don't make this mistake

Why does the 13 year old need an SS number??
 
Old Jun 6th 2002, 8:20 pm
  #3  
Mrs_blackross
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Posts: n/a
Default Re: Atlanta SS / EAD issue with K-2 child - Don't make this mistake

if they won't give him a SSN, you can apply with the IRS to get him an ITIN. It
serves the same purpose as the SSN with the exception that is cannot be used for
work. But for school, bank accounts, health insurance, and the like, it can be used
instead of the SSN. Even looks like one, only it starts with a 9 and the "card" you
get is white with green trim, rather than the shades of blue on the SSN.

"Anthony Elliott" <[email protected]> wrote in message
news:[email protected]...
    > Hi all,
    >
    > My K-1 wife and I visited the SS office in Marietta today. We were armed with fresh
    > EADs from last week's visit to Atlanta INS. Here's the
scoop...
    >
    > My wife has two K-2 children that came her with her from Ukraine - one is
16
    > and the other is 13. When I filed the AOS/EAD paperwork for them back in February I
    > did NOT request an EAD for the 13-year old. After all - she's
13
    > has isn't allowed to work anyway, so what's the point in getting an "Employment
    > Authorization Document" for her. Right? Wrong.
    >
    > We applied for SS cards for my wife and 16-year old today without a problem - both
    > had EADs. However, the SS office would not accept the application for the 13-year
    > old without an EAD. The lady at the SS office was nice enough and showed me the
    > small blurb on her computer screen that stated this fact.
    >
    > Of course, I had all of their other documents collected to date (birth
    > certificates, passports, INS receipts and paperwork of various
description).
    > But according to the lady at the SS office, an EAD is required of a K-2 applicant
    > before a SS card can be issued.
    >
    > Yes, we should have applied for the SS cards within the 90 days of their arrival
    > (before marriage) while the K-1/2 visas were still valid ... but that's
    > hindsight now.
    >
    > Does anyone know if there's a way around this or do I now need to apply
for
    > the 13-year old's EAD, wait another 3-4 months, etc.?
    >
    > Thanks in advance,
    >
    > Tony
    >
 
Old Jun 6th 2002, 10:20 pm
  #4  
Alvena Ferreira
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Posts: n/a
Default Re: Atlanta SS / EAD issue with K-2 child - Don't make this mistake

Anthony Elliott wrote:
    > Does anyone know if there's a way around this or do I now need to apply for the
    > 13-year old's EAD, wait another 3-4 months, etc.?
    >
You can't get an EAD for a 13-year old. What you need to get for the 13-YO is an
individual taxpayer ID number, it is the NON-SS equivalent and you can use it on tax
forms and the like:
http://www.irs.gov/faqs/display/0,,i...D13288,00.html

Alvena

Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
 
Old Jun 7th 2002, 12:20 am
  #5  
Andy Platt
Guest
 
Posts: n/a
Default Re: Atlanta SS / EAD issue with K-2 child - Don't make this mistake

"Anthony Elliott" <[email protected]> wrote ...

    > Yes, we should have applied for the SS cards within the 90 days of their arrival
    > (before marriage) while the K-1/2 visas were still valid ... but that's
    > hindsight now.

This wouldn't have helped you. Although K-1ers can get SS numbers without employment
authorization during the 90 day period, K-2ers cannot.

Anyway, like everyone else has suggested, just get her an ITIN.

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Jun 7th 2002, 5:21 am
  #6  
Michele Sharik
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Posts: n/a
Default Re: Atlanta SS / EAD issue with K-2 child - Don't make this mistake

If you claim someone as a dependent on your tax return, that dependent needs a SSN.
Otherwise, you can't claim them.

-Michèle

mrtravel <[email protected]> wrote in message
news:<[email protected]>...
    > Why does the 13 year old need an SS number??
 
Old Jun 7th 2002, 6:20 am
  #7  
Michele Sharik
Guest
 
Posts: n/a
Default Re: Atlanta SS / EAD issue with K-2 child - Don't make this mistake

Oops, I meant SSN or ITIN. *mutterIhitsendtoosoon*

-Michèle

Michele Sharik <[email protected]> wrote:

If you claim someone as a dependent on your tax return, that dependent needs a SSN.
Otherwise, you can't claim them.

-Michèle

mrtravel <[email protected]> wrote in message
news:<[email protected]>...
    > Why does the 13 year old need an SS number??
 
Old Jun 7th 2002, 7:24 am
  #8  
Mjones
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Posts: n/a
Default Re: Atlanta SS / EAD issue with K-2 child - Don't make this mistake

Not correct. Your dependent may not qualify for a SSN. Get them an ITIN. Mike

"Michele Sharik" <[email protected]> wrote in message
news:[email protected]...
    > If you claim someone as a dependent on your tax return, that dependent needs a SSN.
    > Otherwise, you can't claim them.
    >
    > -Michèle
    >
    >
    > mrtravel <[email protected]> wrote in message
news:<[email protected]>...
    > > Why does the 13 year old need an SS number??
 

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