Epitomee2000

Hello all..and thanks for all the information that you guys provided in the process of going from a k-1 applicant to my husband receiving his cond greencard. I have a question, my stepson is in the process of receiving his K-2 visa (he is four years old) how long after he arrives in country do we have to put together an AOS packet?

Since he does not need to work, can I apply for a social security number for him? (this is specifically for medical reasons and school). The info on k-2 is really sketchy..any information will do. By and by, I did check out all of the other forums for this information.

Michael D. Young

Epitomee2000 wrote:

    > Since he does not need to work, can I apply for a social security number
    > for him? (this is specifically for medical reasons and school). The
    > info on k-2 is really sketchy..any information will do.

There is very little hope of him being assigned an SSN without an EAD card
or until permanent residency is granted and he has an I-551 stamp or card.
If you need something for tax purposes until he has an I-551, apply with IRS
for the ITIN.

Hypertweeky

That is a very good question, he is only 4 years old, therefore he can't work (Doh!), He should be able to get a SSN without an EAD since he is only a kid?
Take care, keep us updated!

Michael D. Young

Hypertweeky wrote:

    > > Hello all..and thanks for all the information that you guys provided
    > > in the process of going from a k-1 applicant to my husband receiving
    > > his cond greencard. I have a question, my stepson is in the process
    > > of receiving his K-2 visa (he is four years old) how long after he
    > > arrives in country do we have to put together an AOS packet?
    > >
    > > Since he does not need to work, can I apply for a social security
    > > number for him? (this is specifically for medical reasons and school).
    > > The info on k-2 is really sketchy..any information will do. By and
    > > by, I did check out all of the other forums for this information.
    > That is a very good question, he is only 4 years old, therefore he can't
    > work (Doh!), He should be able to get a SSN without an EAD since he is
    > only a kid?

RM 00203.500 Employment Authorization for Nonimmigrants

http://policy.ssa.gov/poms.nsf/lnx/0100203500#C2

2. Aliens Who Require an EAD From INS Authorizing Employment

The following lists nonimmigrants, by alien classification, who are
authorized to work with authorization from INS. Employment authorization
must be shown on an EAD.

K-2 Child of K-1 (provision of law: 274a.12(a)(6))

K-3 Spouse of U.S. Citizen (provision of law: 274a.12(a) (6))

K-4 Child of K-3 (provisions of law: 274a.12(a))

RM 00203.001 Evidence Required for an SSN Card

http://policy.ssa.gov/poms.nsf/lnx/0100203001

C. POLICY - EVIDENCE FOR AN ORIGINAL OR NEW SSN

1. Work Authorized SSN Card

An alien allowed to work (either foreign-born or U.S.-born) must provide
evidence establishing age, identity and work authorized lawful alien status.

2. Nonwork SSN Card

A U.S- or foreign-born alien without work authorization must provide
evidence establishing:

Age
Identity
Lawful alien status; and
A valid nonwork need for an SSN card

RM 00203.510 Alien without Work Authorization - Nonwork Need for an SSN

http://policy.ssa.gov/poms.nsf/lnx/0100203510

A. POLICY - EVIDENCE REQUIREMENTS FOR OBTAINING AN SSN FOR NONWORK PURPOSES

SSA will not assign an SSN to an alien currently in lawful immigration
status in the U.S. who does not have DHS work authorization unless the alien
has a valid nonwork reason for an SSN.

1. Valid Nonwork Reasons

The only valid nonwork reasons are:

Federal statute or regulation requires that the alien provide his/her SSN to
get the particular benefit or service to which he or she has otherwise
established entitlement;

State or local law requires the alien who is legally in the U.S. to provide
his/her SSN to get public assistance benefits to which the alien has
otherwise established entitlement and for which all other requirements have
been met.

2. Documentation

The only acceptable documentation of a valid nonwork reason is a letter from
the government entity. The letter cannot be a generic application, form
letter or a photocopy and must be dated and on letterhead stationery. It
must specifically identify the alien, the nonwork reason for which an SSN is
required, the relevant statute or regulations requiring the SSN as a
condition to receive the benefit or service, and the name and telephone
number of an official to contact so that the information provided may be
verified. It should state that the alien meets all the requirements to
receive the benefit/service except for an SSN.

RM 00203.020 Number of Documents Required for an SSN Card

http://policy.ssa.gov/poms.nsf/lnx/0100203020

2. Original (and new SSNs)

At least two documents are required and should be requested.

b. Aliens

A foreign born individual should always be requested to submit a foreign
birth certificate if one is in his/her possession or if one can be easily
obtained. However, if a foreign birth certificate does not exist or cannot
be obtained, accept alternative evidence of age.

If the INS document is used to establish alien status and identity, the
alien must provide another document, such as a passport or birth
certificate, to establish age. Conversely, if the INS document is used to
establish alien status and age, a second document, such as a passport or
driver's license, is required to establish identity.