k1 visa SSN

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Old Dec 30th 2013, 4:01 pm
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Called up about my socail security number today and I was told I cant get one until I was abke to legally work in the usa. Was this the same for everyone else?

K1 visa. Not yet married
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Old Dec 30th 2013, 4:17 pm
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Default Re: k1 visa SSN

Originally Posted by Gazzy1988 View Post
Called up about my socail security number today and I was told I cant get one until I was abke to legally work in the usa. Was this the same for everyone else?

K1 visa. Not yet married
Why were you calling? You can't do anything by phone, you have to go in person. What they told you over the phone is incorrect, anyway.

A person holding a K-1 visa is allowed to get a SSN based on K-1 status (such as you have). You should wait about 10 days after your arrival on the K-1 visa to give your immigration status time to update in the system SSA uses to verify your status. But don't wait too long, either...you can only apply for the SSN based on K-1 status during your first 76 days in the USA. If you wait longer than that, they you WILL need your EAD in hand first.

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Old Dec 30th 2013, 4:25 pm
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Default Re: k1 visa SSN

I called up to check if I eligible to get one yet and the lady I spoke to said im not able to get one as I cant work legally in the usa. I know you have to go in person to apply just getting mixed messages, So slightly confused. Ive got all the paperwork ready to go. Ill jus go to the office and hope the lady I spoke to was wrong

Last edited by Gazzy1988; Dec 30th 2013 at 4:29 pm.
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Old Dec 30th 2013, 4:40 pm
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Default Re: k1 visa SSN

Originally Posted by Gazzy1988 View Post
Called up about my socail security number today and I was told I cant get one until I was abke to legally work in the usa.
Just to further verify this statement, you ARE able to legally work in the USA, even without an EAD in hand. A K-1 visa holder is work authorized from Day 1 in the USA for the first 90 days. It's just that you don't have PROOF of such, because they no longer issue an EAD stamp at the POE.

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Old Dec 30th 2013, 4:41 pm
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Default Re: k1 visa SSN

Originally Posted by Gazzy1988 View Post
I called up to check if I eligible to get one yet and the lady I spoke to said im not able to get one as I cant work legally in the usa.
You CAN legally work in the USA. You have a K-1 visa, which makes you work eligible. You just don't have PROOF of that eligibility right now because the POE no longer issues a temp EAD stamp. Don't bother calling. You ARE eligible to get a SSN, as long as you haven't been in the USA more than 76 days right now.

Ill jus go to the office and hope the lady I spoke to was wrong
Smart thing to do. If they tell you such a thing at the window, in person, ask for a supervisor.

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Old Dec 30th 2013, 4:48 pm
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Default Re: k1 visa SSN

thanks you very much, ill head down and apply today.
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Old Dec 30th 2013, 5:08 pm
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Default Re: k1 visa SSN

The problem is that the SSA are not USCIS, or DoS, and so may not be as aware of policy on this as you are - the first time I turned up at the SSA, Green Card in hand, the person I spoke too asked if I would describe myself as a 'Permanent Resident'...

.... Um, that's what my card says!
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Old Dec 30th 2013, 5:17 pm
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Default Re: k1 visa SSN

sorry to question you again noorah :/, ive just spoke with someone from the uscis and they said i cant apply for a SSN unit i have a EAD in hand form I 765.

I have my passport, I94 and form SS5 ready to go. so can i 100% get a ssn

Feel stupid cause being told two different things. please be patient lol


thanks gareth
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Old Dec 30th 2013, 5:27 pm
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Default Re: k1 visa SSN

Originally Posted by Gazzy1988 View Post
sorry to question you again noorah :/, ive just spoke with someone from the uscis and they said i cant apply for a SSN unit i have a EAD in hand form I 765.
This is NOT correct. You CAN apply for a SSN based on your status as a K-1 visa holder.

I have my passport, I94 and form SS5 ready to go. so can i 100% get a ssn
Yes.

Feel stupid cause being told two different things. please be patient lol
Not everyone answering the phone at every agency is going to know such specific details. Stop calling various places, and just make the in-person trip to SSA.

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Old Dec 30th 2013, 7:56 pm
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Default Re: k1 visa SSN

There is a SSA 'policy statement' - I'm not sure of the formal term for it - that can be found on the SSA web site that specifically states that a K1 is eligible for a SS card. If I can find it I'll post the link (haven't looked for it in years), but you have access to both Google and the SSA site also.

Regards, JEff

EDIT: POMS Section RM00203.500 Keep in mind that you are in K-1 status for 90 days after entry only. After 90 days, whether or not you are pending adjustment of status, you will need an EAD issued by USCIS in order to accept employment - and to obtain a SS number and card.

Last edited by jeffreyhy; Dec 30th 2013 at 8:06 pm.
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Old Dec 30th 2013, 8:12 pm
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Default Re: k1 visa SSN

Originally Posted by jeffreyhy View Post
EDIT: POMS Section RM00203.500 Keep in mind that you are in K-1 status for 90 days after entry only. After 90 days, whether or not you are pending adjustment of status, you will need an EAD issued by USCIS in order to accept employment - and to obtain a SS number and card.
Actually, he will need the EAD after 76 days in the USA. SSA will not accept an application from a K-1 visa holder during the last 2 weeks of the initial 90-day period.

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Old Dec 30th 2013, 8:19 pm
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Default Re: k1 visa SSN

Yes, you posted that information already in post #5.

Regards, JEff
Originally Posted by Noorah101 View Post
Actually, he will need the EAD after 76 days in the USA. SSA will not accept an application from a K-1 visa holder during the last 2 weeks of the initial 90-day period.

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Old Dec 30th 2013, 9:49 pm
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Default Re: k1 visa SSN

Got myself a texas ID today and gonna get my social later this week . Thanks for the advice, always greatfully appreciated
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Old Dec 30th 2013, 11:21 pm
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Default Re: k1 visa SSN

Originally Posted by Gazzy1988 View Post
... ive just spoke with someone from the uscis...
Why? Didn't you believe what the others had told you?

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Old Dec 30th 2013, 11:30 pm
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Default Re: k1 visa SSN

Because I was being told different by my local ssn office. So was slightly confused at the time
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