Tee

We went to the SS office today, and we were told that her I-94 ( K-1)will expire on the 9th of April, and she is not entitled for the SS number. I tried to explain that we got married and the K-1 ,I-94 but she was pretty ignorant. I talked to her supervisor, and he did the same. I know there is a SS expert on this board and he even posted the law concerning this, so if you read this PLEASE help, or anyone who knows how to handle this and what to tell them.
WE got married on March 7th! Good luck to all!

Gb

Try this:

http://k1.exit.com/SS1.html
http://k1.exit.com/SS2.html

I print everything that it said here, then went to the government sites and
used their search capabilities to find out all the information I could.

My wife and I walked into the SS Office (Hackensack, NJ) and the guy pulled
out a sheet and showed us that K-1 Visa holders w/I94 could not get a SS#.
I asked showed him all the information I had. He said he would speak to his
supervisor. After 5 minutes, he came back and said, "I'm sorry for the
inconvience. It seems that the INS hasn't updated our sheets." I looked at
the bottom of his sheet and the date on it was 9/18/1998. We went July 15,
2002.

Go back with this information and you should get it without a problem. Some
of these clerks are too lazy to look this stuff up. Take the 10-15 minutes
and present it with your application and you shouldn't have any problems.

Good luck.




"Tee" wrote in message
news:[email protected]...
    > We went to the SS office today, and we were told that her I-94 (
    > K-1)will expire on the 9th of April, and she is not entitled for the SS
    > number. I tried to explain that we got married and the K-1 ,I-94 but
    > she was pretty ignorant. I talked to her supervisor, and he did the
    > same. I know there is a SS expert on this board and he even posted the
    > law concerning this, so if you read this PLEASE help, or anyone who
    > knows how to handle this and what to tell them.
    > WE got married on March 7th! Good luck to all!
    > --
    > Posted via http://britishexpats.com

Tee

"I would say that you should apply as soon as possible with a
K-1 visa, since the policy now is not to issue an SSN if the person is
within 14 days of being out of status, so that gives a K-1 76 days. Plus if
SSA has to do a manual verification with INS and it comes back after the
76th day you are SOL even if INS has verified your status."

Take care,

Mike

JUST FOUND THIS! so my question now. Can she still get the card with the "valid for employment with INS work authorization" or the only option left is to wait for the green card ?

Sharon S.

Perhaps I've misunderstood what I've been reading, but I thought that once
you married, your status was no longer K-1, so therefore unless you already
have an EAD, it would be difficult, if not impossible to get a SSN based on
K-1 status.

I thought that the process worked this way ..

You enter the U.S. on a K-1 visa, hopefully getting a stamp at work permit
stamp at the POE.

If you get the stamp, you go to SS office and apply for SSN BEFORE getting
married. If you're listed in their computers, you get a SSN.

If you don't get the stamp at POE, and before you get married, you can
either (a) try the above, taking documentation about K-1 being authorized to
work for 90 days incident to their status as K-1's or (b) file for a 90 day
EAD and then take that to the SS office to apply for a SSN. Again, if
you're listed in their computers, you get a SSN.

The other alternative is to get married, file AOS along with application for
a one year EAD (& advance parole for those who wish), and take the resulting
EAD to the SS office to apply for a SSN.

Am I way off base here? I'd appreciate some clarification or feedback since
our I-129F is approved and I'll be dealing with this in the next couple of
months.

Mel & Sharon
Boston & Winnipeg
NOA1 VSC Feb 13
NOA2 Mar 20
Waiting on NVC

"Tee" wrote in message
news:[email protected]...
    > We went to the SS office today, and we were told that her I-94 (
    > K-1)will expire on the 9th of April, and she is not entitled for the SS
    > number. I tried to explain that we got married and the K-1 ,I-94 but
    > she was pretty ignorant. I talked to her supervisor, and he did the
    > same. I know there is a SS expert on this board and he even posted the
    > law concerning this, so if you read this PLEASE help, or anyone who
    > knows how to handle this and what to tell them.
    > WE got married on March 7th! Good luck to all!
    > --
    > Posted via http://britishexpats.com

Michael D. Young

Tee wrote:

    > We went to the SS office today, and we were told that her I-94 (
    > K-1)will expire on the 9th of April, and she is not entitled for the SS
    > number. I tried to explain that we got married and the K-1 ,I-94 but
    > she was pretty ignorant. I talked to her supervisor, and he did the
    > same. I know there is a SS expert on this board and he even posted the
    > law concerning this, so if you read this PLEASE help, or anyone who
    > knows how to handle this and what to tell them.
    > WE got married on March 7th! Good luck to all!

Hi All!

I must have said it 100 times that SSA will no longer issue an SSN if you
are within 14 days of being out of status. She either needs the EAD card
or wait until AOS is approved and she has the I-551 stamp or card. Then
you need to have whichever one of those you use verified by BCIS as well
before the SSN will be issued.

Please write my supervisor it's award time. LOL


Take care,


Mike

Michael D. Young

Tee wrote:

    > "I would say that you should apply as soon as possible with a
    > K-1 visa, since the policy now is not to issue an SSN if the person is
    > within 14 days of being out of status, so that gives a K-1 76
    > days. Plus if
    > SSA has to do a manual verification with INS and it comes back after the
    > 76th day you are SOL even if INS has verified your status."
    > Take care,
    > Mike
    > JUST FOUND THIS! so my question now. Can she still get the card with the
    > "valid for employment with INS work authorization" or the only option
    > left is to wait for the green card ?

Hi All!

You aren't going to believe that guy? LOL "Valid for Employment Only With
INS Authorization" is the type of SSN card a K-1 is issued. Do you mean
can she get a "Not valid for employment" type card? Needs valid nonwork
reason.

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

RM 00203.510 Alien Without Work Authorization - Nonwork Need For an SSN

Once she gets the EAD card give it another try. This again is uncharted
waters, since the EAD card authorizes her to work, but I'm not sure if the
SSA office is going to give her a hard time about the I-94 being expired.
This situation isn't covered by any EM that SSA has put out. I guess it
will depend if you can convince the SSA office to process the SSN
application and what BCIS says is her status. Otherwise she will need to
wait until AOS is approved and she gets the I-551 stamp or card. Then she
can get an unrestricted SSN card.

Please report back if she tries again with the EAD card.

Take care,

Mike .

Michael D. Young

"Sharon S." wrote:

    > Perhaps I've misunderstood what I've been reading, but I thought that once
    > you married, your status was no longer K-1, so therefore unless you already
    > have an EAD, it would be difficult, if not impossible to get a SSN based on
    > K-1 status.
    > I thought that the process worked this way ..
    > You enter the U.S. on a K-1 visa, hopefully getting a stamp at work permit
    > stamp at the POE.
    > If you get the stamp, you go to SS office and apply for SSN BEFORE getting
    > married. If you're listed in their computers, you get a SSN.
    > If you don't get the stamp at POE, and before you get married, you can
    > either (a) try the above, taking documentation about K-1 being authorized to
    > work for 90 days incident to their status as K-1's or (b) file for a 90 day
    > EAD and then take that to the SS office to apply for a SSN. Again, if
    > you're listed in their computers, you get a SSN.
    > The other alternative is to get married, file AOS along with application for
    > a one year EAD (& advance parole for those who wish), and take the resulting
    > EAD to the SS office to apply for a SSN.
    > Am I way off base here? I'd appreciate some clarification or feedback since
    > our I-129F is approved and I'll be dealing with this in the next couple of
    > months.

Hi All!

I was told by BCIS (INS at the time) that they don't consider a person a K-1
once they have married, but all SSA cares about is that you are more than 14
days from your I-94 expiring. BCIS has no idea that you are married when SSA
verifies your status with them. Just to be safe get the SSN before you are
married. You can always try for the replacement card in the married name
later, if you apply before being within 14 days being out of status. After that
time you can tried with the EAD card, but not 100% sure that will fly with SSA.
Otherwise you will need to apply after AOS is approved and you have the I-551
stamp or card.

Take care,

Mike

Gb

Michael,

I think the difference in our case is once we got married and had the
marriage certificate in our hands (about 8 days after my wife crossed the
border), we were online at the local SS office will all the information. I
kinda missed the part about her I-94 expiring on the 9th. My bad.

Gerald


"Michael D. Young" wrote in message
news:[email protected]...
    > Tee wrote:
    > > We went to the SS office today, and we were told that her I-94 (
    > > K-1)will expire on the 9th of April, and she is not entitled for the SS
    > > number. I tried to explain that we got married and the K-1 ,I-94 but
    > > she was pretty ignorant. I talked to her supervisor, and he did the
    > > same. I know there is a SS expert on this board and he even posted the
    > > law concerning this, so if you read this PLEASE help, or anyone who
    > > knows how to handle this and what to tell them.
    > > WE got married on March 7th! Good luck to all!
    > Hi All!
    > I must have said it 100 times that SSA will no longer issue an SSN if you
    > are within 14 days of being out of status. She either needs the EAD card
    > or wait until AOS is approved and she has the I-551 stamp or card. Then
    > you need to have whichever one of those you use verified by BCIS as well
    > before the SSN will be issued.
    > Please write my supervisor it's award time. LOL
    > Take care,
    > Mike

Mikki

I seem to remember that they will not issue an SSN# within 14 days of
the expiry of the I-94, so they are correct. I'm sure someone out
there can advise you on what to do next. Good luck!

Mikki

pagoogle

My immigration document shows K-1. How do I get a work Social Security number?

Question
I have come to the U.S. to marry my boyfriend. My immigration document shows “K-1.� How do I get a Social Security number so I can work?

Answer
The “K-1� symbol on your immigration document means you are the fiancé of a U.S. citizen and are authorized to work.

To Apply for a Social Security Number--

Download the form to apply for a Social Security card; or
Visit any Social Security office to apply for a number; and
Provide original documents showing your age, identity and lawful alien status (including your permission to work in the U.S.).

Age: We prefer to see your birth certificate. However, we can accept other documents at least one year old, such as your passport.

Identity: We must see a document in the name you want shown on the card. The identity document must be of recent issuance so that we can determine your continued existence. We prefer to see a document with a photograph. However, we can generally accept a non-photo identity document if it has enough information to identify you (e.g., your name as well as your age, date of birth, or parents’ names). We cannot accept a birth certificate as evidence of identity. Some documents that we can accept are:

Passport
Driver’s license
Health Insurance card
Employer ID card
School ID card

Alien Status: We need to see the document issued to you by the U.S. Immigration and Naturalization Service (INS) when you arrived in the United States, such as the I-94 showing “K-1,� or an employment authorization card issued to you by the INS. The document must be unexpired.

All documents must be either originals or copies certified by the issuing agency. We cannot accept photocopies of documents. We need original documents or copies certified by the custodian of the record. Notarized copies are also not acceptable.

If you’re a noncitizen, we must verify your documents with the Immigration and Naturalization Service (INS) before we issue a SSN card. We will issue the card within two days of receiving verification from INS. Most of the time, we can quickly verify your documents online with INS. If INS can’t verify your documents online, it may take several weeks or months to respond to Social Security's request. For more details, please see the answer to the Frequently Asked Question, How is SSA protecting Social Security numbers?


***It reads to show the I-94 with K-1 status OR the EAD. Why are people having trouble? This was taken from the www.ssa.gov website. I fear a long battle when my fiance comes (sigh)***

pagoogle

By the way, i realize after adjusting status, getting a SSN under the K-1 isn't valid (i think lol),just thought someone might want to read this and check out the www.ssa.gov website.

Michael D. Young

Tee wrote:

    > JUST FOUND THIS! so my question now. Can she still get the card with the
    > "valid for employment with INS work authorization" or the only option
    > left is to wait for the green card ?

Hi All!

I just remembered this in answering another question. If you get a hard
time with the SSA office with an EAD card after the K-1 I-94 has expired,
you could try throwing this at them:

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

The required evidence for an original (or new) SSN is as follows:

1. Work Authorized SSN Card

If Applicant is Alien allowed to work (either foreign-born or U.S.-born):

-- 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)

b. Aliens

The INS 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 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.


The EAD card should cover lawful alien status and work authorization. Then
with a passport and birth certificate you should be in business.

Take care,

Mike