scrubbedexpat099

No

You might want to look at the form before making accusations.

Just Jenney

People do it all the time. If the applicant is a K1 visa holder, and their K1 hasn't expired yet, the SSA official doesn't ask if the applicant's already gotten married, and the applicant doesn't volunteer this information, how would the SSA know?

Plus, as far as K1 visa holders go, I think legally it might be a grey area if the person is applying for the SSN before the K1's expiration date -- whether they've already married or not. That I'm not sure about.

~ Jenney

Elvira

No, unfortunately not everyone can get a SSN; H4s can't for instance. But they CAN get a letter from the SSA to say that they are not entitled to a SSN. As far as I am aware - and this has worked for me and lots of others - this should be accepted by the DMVs. But a lot of DMV officials don't know or don't care, which is where the hassle starts.

Of course this does not apply to the OP's situation - I referred to this merely because Jenney at some point said that a SNN was 'required' in all cases.

As far as the issue of 'falsifying' documents is concerned (viz. Boiler's post), maybe this word was a bit too strong. Personally I would not advise anyone to misrepresent any kind of information on any official application or document.

scrubbedexpat099

Nor would I.

Nor was that my comment.

carpdiem

Okie you are confusing me now.... Why my husband will not be able to get a SSN now? I thought as long as the K-1 does not expire and he has I-94 in his passport, he can get a SSN??
Please explain.....

Thanks,

Sanna

Elvira

Sorry, the thread got side-tracked.

See Meauxna's earlier post:

"K-1s have a special window of time to apply for their SS account. He does not need to wait for the EAD to apply, but he must not wait until 14 days or less left on his I-94.

Please carefully read the instructions in this Guide:
Step-by-Step Guide to getting a Social Security Number (SSN)
http://www.visajourney.com/forums/index.php?pg=ssn"

HTH!

scrubbedexpat099

There is a view that you K1 status expires on marriage. I am by no means sure if there is a legal descion on this.

Your I94 is still OK by the way.

You can apply for a SSN as long as you are in K1 status.

You may also have come across the EAD you can get at JFK on entry, also unclear as to whether that is good for 90 days or until married.

Anyway when you go to the SS office you fill a form in and supply docs including your K1 visa and that is good enough to get a SSN. I think someone has already said that you can not leave it to the last minute.

You are not asked directly whether you are married. If you make a point of saying that you are married, why?, then you may well have issues getting a SSN and told to come back when you have a EAD.

Most people get their SSN as soon as they can, before marriage, therefore no issues anyway.

Now there may be something deep in the SS regs that say K1's are not to be provided with a SSN, but there is nothing in the application that asks for your married status.

meauxna

Before any K-1s get misled by this thread, they should know that there is NO grey area of eligiblity for a Social Security number in their first 76 days in the US. Married or not, they are eligible for a Social Security account. SSA's own documents clearly state this, and while some SSA workers might be confused by their own rules, bringing the printouts from the link I provided and/or speaking with a supervisor usually clears the way in the first visit.

Marital status is irrelevant to the application and not mentioning the marriage, if it has taken place, is NOT lying, falsifying or misrepresenting. It is simply immaterial.

One problem a lot of people run into in this type of case is wanting to change the SSA to a new K-1 bride's married name. It is more important to get the Social Security card than to have it in the married name. To make a name change with SSA, the bride must wait for USCIS documentation of the name change, typically through the EAD or Green Card.

scrubbedexpat099

I was in the SS office the other day, and I could no help hearing a rather pisssed bride who had waited nearly 3 hours only to be told that as well as the Marrage cert she needed the license application docs as the m,arriage cert no longer showed enough info.

I think everybody waiting heard the conversation, well her side.

mdyoung

You need to remember that SSA will not assign an SSN or issue a card if his status has expired or is within 14 days of expiring.

K-1 status is good for 90 days, so that only gives him 76 days to be
assigned an SSN and issued a card. After that time he will need an EAD
or I-551 stamp or card to establish authorization to work. Before that time his
I-94 showing K-1 status establishes authorization to work for SSN purposes.

The status/documents of all aliens must be verified before SSA will
assign an SSN and/or issue a card and the 14 day limit applies even if he passes the 76th day while waiting for his status to be verified.

The SSA office will try to verify his status through the SAVE system
while he is in the office. If they can't, they will send a form G-845
to immigration for manual verification. This could delay the assigning
of an SSN and/or issuing a card for weeks and some times months.

If the SSA office does send the G-845, suggest that he go back to the
SSA office no more than once a week with his documents to (1) ask them
to check SAVE again (2) ask if they sent a G-845 (3) if yes, did it come
back (4) after 30 days ask if they have followed up on the G-845 by
calling or sending another mark "second request."
--------------------------------------------------------------------------
http://policy.ssa.gov/poms.nsf/lnx/0100203720
RM 00203.720 Verifying Immigration Documents
--------------------------------------------------------------------------
http://policy.ssa.gov/poms.nsf/lnx/0100203735
RM 00203.735 Requesting Online (Primary) Verification By SAVE
--------------------------------------------------------------------------
http://policy.ssa.gov/poms.nsf/lnx/0100203740
RM 00203.740 Requesting Additional (Manual) Verification By DHS

After 30 days he can even try calling the immigration office doing the
verification to ask if they received a G-845 and if yes could they
please get it back to the SSA office ASAP.

http://policy.ssa.gov/poms.nsf/lnx/0100203748
RM 00203.748 List of DHS, USCIS Offices That Verify Immigration
Documents

If they say they never received one, have him go back to the SSA office and ask to speak with the office manager and insist that they send another G-845
marked "second request."
--------------------------------------------------------------------------
After having waited at least 30 days and your local SSA office doesn't
seen concerned about following up on the G-845 he can try contacting
the SSA Regional Office (RO) responsible for your state:

http://www.ssa.gov/pressoffice/natlpocontacts.html

Refer them to this:

RM 00203.740 Requesting Additional (Manual) Verification By DHS

B. PROCEDURE – HOW TO REQUEST MANUAL VERIFICATION

STEP 6

DHS should respond to SSA within 15 federal work days after receiving
the Form G-845. If DHS does not respond within 15 federal work days from
the receipt of the G-845 from SSA, follow-up with the DHS, USCIS
Immigration Status office. (Allow 15 days plus five additional federal
work days of mail time for the G-845 to be received at and returned from
DHS.

Follow local practice to follow-up with DHS. Some SSA offices have an
arrangement with the DHS, USCIS office to telephone for the follow-up
contact; other SSA offices send a copy of the original G-845 annotated
“second request.”) If the DHS response is still not received within 15
federal work days after the follow-up contact (if the follow-up is by
mail allow five additional federal work days of mail time for the G-845
to be received at and returned from DHS), make a second follow-up
contact. If the DHS response is not received within 15 federal workdays
(again, if the follow-up is by mail, allow five additional federal work
days of mail time for the G-845 to be received at and returned from
DHS), after two follow-ups, contact the RO. Also report to the RO any trend that shows a serious deviation by DHS from the above time frames. The RO will consult with central office.
--------------------------------------------------------------------------
Suggest that he take his birth certificate, passport and I-94 when
going to apply. That should cover age, identity and work authorized
alien status.
--------------------------------------------------------------------------
http://policy.ssa.gov/poms.nsf/lnx/0100203001
RM 00203.001 Evidence Required for an SSN Card

C. POLICY - EVIDENCE FOR AN ORIGINAL OR NEW SSN

1. Work Authorized SSN Card

An alien allowed to work must provide evidence establishing age,
identity and work authorized lawful alien status.
--------------------------------------------------------------------------
http://policy.ssa.gov/poms.nsf/lnx/0100203020
RM 00203.020 Number of Documents Required for an SSN Card

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.

The DHS document (e.g., I-551, I-94, or an employment authorization
document) establishes lawful alien status or work authorization and
either identity or age. If the DHS 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 DHS
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
--------------------------------------------------------------------------
http://policy.ssa.gov/poms.nsf/lnx/0100203200
RM 00203.200 Evidence of Identity for an SSN Card
--------------------------------------------------------------------------
http://policy.ssa.gov/poms.nsf/lnx/0100203500#C1
RM 00203.500 Employment Authorization for Nonimmigrants

C. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION
The following policy applies to employment authorization by class of
admission.

1. Aliens Work Authorized Without Specific DHS Authorization

The following lists nonimmigrants, by alien classification, who are
authorized to work in the U.S. without specific authorization from DHS.
The alien's I-94 will not have the DHS employment authorization stamp
and the alien will not have an EAD.

K-1 Fiance(e) of U.S. citizen
--------------------------------------------------------------------------
http://policy.ssa.gov/poms.nsf/lnx/0100203450
RM 00203.450 Evidence of Nonimmigrant Status for an SSN Card

POLICY - GENERAL

Each alien lawfully admitted as a nonimmigrant should have an unexpired
DHS document as evidence of his/her status. An DHS letter, receipt, copy
of an application form or any document not listed in this subchapter is
not acceptable evidence of alien status in lieu of the appropriate INS
document.
--------------------------------------------------------------------------
http://policy.ssa.gov/poms.nsf/lnx/0100203030
RM 00203.030 Requesting Documents for an SSN Card

B. POLICY - FORM OF EVIDENCE

Evidence must be:

The original document, or a copy certified by the issuing agency or
custodian of the original record.

Uncertified photocopies and notarized copies are not acceptable.

A receipt from DHS showing the alien applied for the document is also
not acceptable. The applicant must present the actual document.

mdyoung

No.

http://policy.ssa.gov/poms.nsf/lnx/0100203510
RM 00203.510 Alien without Work Authorization - Nonwork Need for an SSN

The only valid nonwork reasons are:

-- a 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;

-- a 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.

A driver’s license is not a “valid nonwork reason” for assigning an SSN and SSA will not assign an SSN for this purpose.

mdyoung

http://policy.ssa.gov/poms.nsf/lnx/0100203210
RM 00203.210 Changing Numident Data

A. POLICY – CHANGING NUMIDENT DATA — NAME CHANGE

The applicant may submit either:

-- One document showing both the old and new names which establishes both identities (e.g., a court order for a name change or a marriage certificate). The document must also show either a photograph of the person or information that can be compared with the Numident data; or

-- Two documents, one showing the old name and one showing the new name (e.g., a driver's license in the new name and a passport, employee ID Card, or medical records in the old name). Additionally, both documents must show either a photograph of the person or provide information that can be compared with the Numident data

So if the marriage certificate doesn't as least have the applicant's date of birth to provide something that can be compared to the SSN record it might not be acceptable proof.

ian-mstm

Has this policy changed in the past 7 years? I only ask because, here in Kentucky in 1998, I was able to get a SSN specifically because state law required one prior to issuing a driver's license. No one at either the DMV or SSA knew I had a valid K-1 at the time. It worked out well for me, but I'm curious whether the policy was different in 1998 or if my local SSA just didn't know any better!

Ian

mdyoung

Driver’s License or State Identity Card – Since October 27, 2003, SSNs are no longer assigned for this purpose.