Danny Davis

If anyone is current on Social Security Admin rules and regs please answer.

Problem 1- We were told in Abeline, TX that I would need to file a 765 for my 9 yr
old step-son. Everything I have been able to find says NO. So which is it? yes or no

Problem 2- We were also told (in June) that my fiance would have to get a work
authorization before she could get a social security number. We are now married and
now that I have had some time I find out on Doc Steen's site that if we were not
already married we could get one for her. Can I get her an SSN now or do I have to
wait for the 765 to be granted? Thanks Dan

Mona Lisa

In article <[email protected]>, "Danny Davis"
<[email protected]> wrote:

    > If anyone is current on Social Security Admin rules and regs please answer.
    > Problem 1- We were told in Abeline, TX that I would need to file a 765 for my 9
    > yr old step-son. Everything I have been able to find says NO. So which is it?
    > yes or no
INS usually won't issue SSN for child, usually you need to get a taxpayer ID number
for the step-son instead: http://www.irs.gov/faqs/display/0,,i1%3D54%26genericId%3D13288,0-
0.html

    > Problem 2- We were also told (in June) that my fiance would have to get a work
    > authorization before she could get a social security number. We are now married and
    > now that I have had some time I find out on Doc Steen's site that if we were not
    > already married we could get one for her. Can I get her an SSN now or do I have to
    > wait for the 765 to be granted?

Because you are married, she will have to wait and get the EAD first. When you filed
AOs, you changed her status.
--
Mona

Harvey Leems

Your nine year old doesn't need to file an I-765 because s/he doesn't have an
immediate need for an SSN. Just save your money and wait until he has his green
card. As for your wife, an EAD is not a bad idea to have. But not for the child.
What makes you think a 9 year old needs an SSN?

--
Harvey Leems "Danny Davis" <[email protected]> wrote in message news:[email protected]
.net...
    > If anyone is current on Social Security Admin rules and regs please
answer.
    > Problem 1- We were told in Abeline, TX that I would need to file a 765 for my 9 yr
    > old step-son. Everything I have been able to find says NO. So
which
    > is it? yes or no
    > Problem 2- We were also told (in June) that my fiance would have to get a work
    > authorization before she could get a social security number. We are
now
    > married and now that I have had some time I find out on Doc Steen's site that if we
    > were not already married we could get one for her. Can I get
her
    > an SSN now or do I have to wait for the 765 to be granted? Thanks Dan

Mona Lisa

In article <[email protected] nk.net>, "Harvey Leems"
<[email protected]> wrote:

    > Your nine year old doesn't need to file an I-765 because s/he doesn't have an
    > immediate need for an SSN. Just save your money and wait until he has his green
    > card. As for your wife, an EAD is not a bad idea to have. But not for the child.
    > What makes you think a 9 year old needs an SSN?
Actually, schools ask for them usually. However he probably is more concerned about
claiming the kid on his taxes, for which he does need either a SSN or a ITIN.
--
Mona

Rubio

Prob 2) We were told the same thing, to get married first. Then the SS office said we
couldn't get a SS card for my wife until we got 765 or 864 or something. We got that
in the INS interview and then SS office granted a provissional-type card. Who's
right? Doc Steen and SS Office. INS information was incorrect--same as us.

Michael D. Young

Danny Davis wrote:

    > If anyone is current on Social Security Admin rules and regs please answer.
    > Problem 1- We were told in Abeline, TX that I would need to file a 765 for my 9
    > yr old step-son. Everything I have been able to find says NO. So which is it?
    > yes or no
    > Problem 2- We were also told (in June) that my fiance would have to get a work
    > authorization before she could get a social security number. We are now married and
    > now that I have had some time I find out on Doc Steen's site that if we were not
    > already married we could get one for her. Can I get her an SSN now or do I have to
    > wait for the 765 to be granted? Thanks Dan

Hi All!

Well SSA procedures just happen to be a hobby of mine. LOL

Until the AOS is approved the child will need the EAD to get an SSN that authorizes
work. Unless you have the money to blow on the EAD you are better to get the ITIN
from IRS to use with your income tax filing until the AOS is approved. Plus the
child would need to only have been in the U.S. 76 days. SSA will no longer issued an
SSN when the person is within 14 days of being out of status. They figure that by
the time the card is receive the person will be out of status.

K-1 can get an SSN without the EAD as long as they are within 76 days of entering the
U.S. Now the gray area is if you are within 76 days, but are married. INS says once
you marry you aren't a K-1 anymore. If they check your status using the online
system you are probably OK, but if they call INS to question your status, you will
probably have to wait until the AOS is approved.

Once you are married or been in the U.S. over 76 days you probably won't even get it
with the EAD.

The 14 days and 100% status verification changes took effect recently, so you might
get different answers depending on the SSA office you use.

I would say that one of first things you should do after entering as a K-1 is go
apply for your SSN.


Take care,

Mike

Harvey Leems

Hmm. I never thought of the schools or that tax thing. Still, an ITIN could
suffice for such ID purposes, right? No real need for an actual SSN. We didn't need
an SSN when I went to grade school. High school did require an SSN because they
used if for the matriculation number. But that was a University High School and
they used the SSN because they wanted to prepare us for college when we'd be using
it all the time. I really don't think that grade schoolers are using the SSN
number, but you probably have more experience in this matter, so I can't argue.
Thanks Mona, for your comments.

--
Harvey Leems "Mona Lisa" <[email protected]> wrote in message news:Awoe9.32645$2L.1766038@e3500-
-atl2.usenetserver.com...
    > In article <[email protected] nk.net>, "Harvey
    > Leems" <[email protected]> wrote:
    > > Your nine year old doesn't need to file an I-765 because s/he doesn't
have
    > > an immediate need for an SSN. Just save your money and wait until he
has
    > > his green card. As for your wife, an EAD is not a bad idea to have. But not
    > > for the
child.
    > > What makes you think a 9 year old needs an SSN?
    > >
    > Actually, schools ask for them usually. However he probably is more concerned about
    > claiming the kid on his taxes, for which he does need either a SSN or a ITIN.
    > --
    > Mona

Michael D. Young

Mona Lisa wrote:

    > In article <[email protected]>, "Danny Davis"
    > <[email protected]> wrote:
    > INS usually won't issue SSN for child, usually you need to get a taxpayer ID number
    > for the step-son instead: http://www.irs.gov/faqs/display/0,,i1%3D54%26genericId%3D132-
    > 88,00.html

The Social Security Administration (SSA) issues Social Security numbers
(SSN), not INS.

    > > Problem 2- We were also told (in June) that my fiance would have to get a work
    > > authorization before she could get a social security number. We are now married
    > > and now that I have had some time I find out on Doc Steen's site that if we were
    > > not already married we could get one for her. Can I get her an SSN now or do I
    > > have to wait for the 765 to be granted?
    > Because you are married, she will have to wait and get the EAD first. When you
    > filed AOs, you changed her status.

Depends on how long she has been here and if the SSA office calls INS to verify her
status. Her status will probably not change that fast with the online system. My
wife and daughter's AOS was approved August 8th and have their conditional I-551
cards, but the online system still says pending.

If she has been here less than 76 days, she could give it a shot. If she can't get
the SSN, there is no point in paying for the EAD, because you need both to work.

Take care,

Mike

Michael D. Young

Mona Lisa wrote:

    > Actually, schools ask for them usually. However he probably is more concerned about
    > claiming the kid on his taxes, for which he does need either a SSN or a ITIN.

Hi All!

I guess it depends on the school system. but here in Baltimore County, Maryland, they
asked for our daughter's SSN and I just said she can't get one. Case closed.

Now IRS told me a child must be in the country for 6 months (183 days) before they
can get the ITIN, since a child has to be here 183 days before you can claim them as
a dependent.

Take care,

Mike

Michael D. Young

Rubio wrote:

    > Prob 2) We were told the same thing, to get married first. Then the SS office said
    > we couldn't get a SS card for my wife until we got 765 or 864 or something. We got
    > that in the INS interview and then SS office granted a provissional-type card.
    > Who's right? Doc Steen and SS Office. INS information was incorrect--same as us.

Hi All!

If your wife has an SSN card, that is her real SSN card. SSA doesn't issue temporary
or provisional SSN cards.

Take care,

Mike

Girard Bourque

I would like more info on this. Because they can apply for an ITIN if they are still
overseas. Maybe I need to start the application of the ITIN now for my step-daughter
and wife prior to them even coming to the states.

Jerry

Harvey Leems

Well it depends on your definition of "provisional". They DO issue provisional cards
with the notice that the card is "Not Valid for Work" and something along the lines
of "Valid for work only with proper documents". That's not what it says, someone
help me out here, but my point is that those ARE considered "provisional" SS cards.

--
Harvey Leems "Michael D. Young" <[email protected]> wrote in message
news:[email protected]...
    > Rubio wrote:
    > > Prob 2) We were told the same thing, to get married first. Then the SS office
    > > said we couldn't get a SS card for my wife until we got 765 or
864 or
    > > something. We got that in the INS interview and then SS office granted a
    > > provissional-type card. Who's right? Doc Steen and SS Office. INS information was
    > > incorrect--same as us.
    > Hi All!
    > If your wife has an SSN card, that is her real SSN card. SSA doesn't
issue
    > temporary or provisional SSN cards.
    > Take care,
    > Mike

Michael D. Young

Harvey Leems wrote:

    > Well it depends on your definition of "provisional". They DO issue provisional
    > cards with the notice that the card is "Not Valid for Work" and something along the
    > lines of "Valid for work only with proper documents". That's not what it says,
    > someone help me out here, but my point is that those ARE considered "provisional"
    > SS cards.

Hi All!

OK you mean restricted. There are three types of SSN cards:

The card most people have shows your name and Social Security number and lets you
work without restriction. We issue it to: U.S. citizens, or people lawfully admitted
to the U.S. with permanent Immigration and Naturalization Service (INS) work
authorization.

The second card bears the legend, "NOT VALID FOR EMPLOYMENT. " We issue it to people:
from other countries lawfully admitted to the U.S. without work authorization from
INS; and who need a number because of a federal law requiring a Social Security
number to get a benefit or service.

The third card bears the legend, "VALID FOR WORK ONLY WITH INS AUTHORIZATION ." We
issue it to people: lawfully admitted to the U.S. on a temporary basis; and with INS
authorization to work.

The SSN for all three is no different. Just the type of card that the individual
is eligible to be issued based on their work authorization is different. If you
are issued an SSN with one type of card and your status changes and then you apply
for a replacement. Your SSN doesn't change, just the type of card that's issued to
you changes.

Take care,

Mike

Mrs_blackross

for some reason, mona's post does not show up on my newsreader, but I can tell you
that not all elementary/primary schools require a SSN to enroll a child. Here in
Maryland they didn't even ask for a SSN. Most will ask but I don't think they can
keep the child out of school just for not having one. I got ITIN's for my kids so I
could open bank accounts for them and put them on my health insurance etc. An ITIN
serves the same purpose and is accepted as a SSN for everything EXCEPT work. just
check the IRS website.

"Harvey Leems" <[email protected]> wrote in message news:[email protected]
d.earthlink.net...
    > Hmm. I never thought of the schools or that tax thing. Still, an ITIN could
    > suffice for such ID purposes, right? No real need for an actual
SSN.
    > We didn't need an SSN when I went to grade school. High school did
require
    > an SSN because they used if for the matriculation number. But that was a
    > University High School and they used the SSN because they wanted to
prepare
    > us for college when we'd be using it all the time. I really don't think that grade
    > schoolers are using the SSN number, but you probably have more experience in this
    > matter, so I can't argue. Thanks Mona, for your comments.
    > --
    > Harvey Leems "Mona Lisa" <[email protected]> wrote in message news:Awoe9.32645$2L.1766038@e-
    > 3500-atl2.usenetserver.com    ...
    > > In article <[email protected] nk.net>, "Harvey
    > > Leems" <[email protected]> wrote:
    > >
    > > > Your nine year old doesn't need to file an I-765 because s/he doesn't
    > have
    > > > an immediate need for an SSN. Just save your money and wait until he
    > has
    > > > his green card. As for your wife, an EAD is not a bad idea to have. But not
    > > > for the
    > child.
    > > > What makes you think a 9 year old needs an SSN?
    > > >
    > > Actually, schools ask for them usually. However he probably is more
    > > concerned about claiming the kid on his taxes, for which he does need either
    > > a SSN or a ITIN.
    > > --
    > > Mona
    > >
    > >

Mrtravel

"Michael D. Young" wrote:
    > Now IRS told me a child must be in the country for 6 months (183 days) before they
    > can get the ITIN, since a child has to be here 183 days before you can claim them
    > as a dependent.

Not really.. If you are married, your spouse and you can file a joint return, even if
she/he doesn't live in the US. Children take the residency (IRS, not INS term) of
their parent. So, even a "non-resident" alien becomes a resident for tax purposes if
you choose to file a joint return.