Madelina

Hi everyone,
I just wanted to double check, as my husband asked this question, but will my boys only get SSN's once our AOS is processed, (i filled in the I765's for them too)? At that point, will we have to go to the SS office and apply for numbers or do they get allocated? They are 5 and 9yrs old, entry on K2 visa (my K1)

I think he's asking for filing taxes reasons but also, school asked

Maddy xxxx

fatbrit

You might direct the school to read the ruling of Plyler v. Doe, 457 U.S. 202 (1982) and suggest it won't be a pleasant experience for them jousting with the Feds

randomgirl

Hi Maddy,

I'm not sure about the SSN situation: I came as a K-1 and went to my local SS office to apply for mine about 6 weeks after I arrived (so still in the 90 day window) and after much hassle got it sorted out! I would've thought you would do the same thing, although you might have to take the I-797C with you from USCIS stating that your AOS is pending, to prove you're still in status.

I'm confused though - did you really file I-765s for the children? The I-765 is the EAD (employment authorization). I'm guessing you mean you filed for their AOS (I-485).

RG

Rete

Once the boys and your husband have their EAD's complete the SSA form (you can d/l from their website) and bring them to the SSA. They will receive SSN's in about a week to 10 days from application.

meauxna

What Rete says, +1.

The K-2 children are not eligible for a SSN until they have their EAD (but you don't have to put them out to work, lol). The I-765 is a no-fee application when filed with an I-485.

If that will be after April 15, and you want to get the income tax return filing done, you CAN apply for an "ITIN" for them. This can only be applied for with the income tax return.

Everyone must apply for their SSN at the SSA office with form SS-5.

randomgirl and other K-1s: You are eligible for the SSN *only* in your first 76 days as a K-1. If you do not get your SSN during that time when you are eligible, you MUST wait for an EAD or green card (approved PR status) in order to get an SSN.

Madelina

Okay, thanks for the replies To clarify, i'm the K1, my husband is the USC, and i did indeed go get my SSN before i was married, so i have one, it was just for the boys. I applied for the work auth for the boys for exactly this reason - i think i read here they could get a SSN that way... sounds like i'm on the right track once we have our paperwork in order, i'll take them to the SS office. Hmm no wait, do they have to appear in person at their age? i'd hate to put them thru yet another half day waiting around.... god knows the biometrics appointment day will be potentially horrible for them. Can i go on their behalf? I'm going to notify them of my change of name at the same time, also

Anywho, thanks! xxxx

meauxna

www.ssa.gov
I just had the child application page up the other day but it will only take you a second to find it.

If you 'notify' them of your name change, you MUST have an immigration document to match, at this point in your case. You may want to wait until you have your green card with your married name on it before tackling that one.

Rete

Just for the info of others: You can't apply for an ITIN if you are eligible for a social security number.

MsElui

yes- the only reason we didnt get ssns for our L2 kids at the time was that we were not able(eligible) to file EAD's for them and they needed that for the ssn. Once we had the GC sorted they got ssn's just fine.

jeepgirluk

I was a K1 and my son a K2. I was told I had to wait until I had my son's GC to get his SSN. It came 7 days after I applied. He was waiting in the car with my husband when I went into apply for his SSN and the lady that dealt with me asked me to bring him in.

I changed my name with my GC. I did try with my EAD but was told that I would need my GC. When I did change my name I took everything - my marriage certificate, GC, EAD, passport, birth certificate. Overkill maybe but I felt it was better to have everything just in case... Best of luck.