Applying for SSN
 

Good Morning,

I have a question regarding the SSN. We moved to NJ beginning of May with my husbands visa ( I think it is an O1 visa). He applied for his SSN and got it straight away as he is working for a company out here. They told me that at that time, I could not apply for my SSN.

I was wondering if anybody has got any experience with Spouses SSN and what the best way is to get my SSN so I can start to work out here.

Thanks

Re: Applying for SSN
 

What visa are you on? It was my understanding that the spouse of an O-1 gets an O-3 (I think), and cannot work.

If the spouse can find an employer willing to sponsor another visa, potentially including another O-1, only then the spouse can work.

If my understanding is correct then you will potentially have to wait for your spouse to get a green card. I am not certain whether the spouse of an O-1-holding green card applicant can get an EAD when the application is submitted, and even if they currently can it is under executive order of President Obama, and so that could change in January 2017.

Re: Applying for SSN
 

Just had a look and it says R 03 in my Visa as Visa type. Does this mean I can not work?
I guess green card application for me would be the only other option. Or sponsor.

Re: Applying for SSN
 

I am not sure what the "R" means, but that looks like an O-3, and I have just checked - and unfortunately for you, indeed an O-3 holder cannot work.

Re: Applying for SSN
 

Ok, thanks for the information. Grrrr

Re: Applying for SSN
 

You're welcome. Sorry I was the bearer of bad news.

I suspect that on an O-3, because you cannot work, that you won't be eligible for an SSN, so you will need a TIN to be able to file your taxes.

What job would you be looking for and what qualifications do you have?

Not having an SSN might impact you being able to easily get a drivers license - do you have one yet, and if not, which state are you living in?

Re: Applying for SSN
 

I am in NJ and have got my drivers license already (NJ one).
Used to be a Commodities trader and used to work for two big US companies years ago but I have re-trained and I am now a Personal Trainer (fitness).
I could work from home (admin work) and I guess I could work for a UK based company, being payed in £.

Re: Applying for SSN
 

No, sorry, absolutely not! On an O-3 you cannot work legally while you are physically present in the US.

But if you were to flout the visa/employment laws and were paid in the the UK you would create a very messy tax situation, and while it is a "bad idea" to flout the visa laws, you really don't want to p!§§ off the IRS, so you would have to unravel yourself from UK taxes and pay US federal and NJ state income taxes AND US "payroll taxes" (social security, unemployment, workers comp, etc.)

Re: Applying for SSN
 

This sounds all very complicated and I might just become a Lady of leisure!

Re: Applying for SSN
 

It's actually not very complicated at all. You simply cannot work while you are in the US on a O3 visa - regardless of where the employer is located.

However, there are some other things you can do. For example, you can volunteer as long as the volunteer position is not normally a paid position (i.e. you're not taking away a job opportunity from someone else by doing for free what someone else would normally be paid for). You can also go back to school to take classes in whatever you fancy. If you change to F-1 status, you can work on campus for up to 20 hours per week.

Re: Applying for SSN
 

Presumably self employment on an E-2 would also be possible.

Re: Applying for SSN
 

Although the general advice is that you can't work, CBSA in Canada consider remote work to be de minimus if it doesn't impact the Canadian economy and CBP imx take the same approach at the border in the US.

The problem is that after 183 days you're resident for tax purposes, so at that point there's no way around it really. You can't be on a UK payroll because you're not in the UK and you can't be on a US payroll because you're not authorized to work.

How people who are illegally in the US do it is to get an ITIN and become self-employed, that way you don't have to fill in I-9 and they're not on a payroll, but the IRS have engaged in various crackdowns on abuse of ITINs lately.

So yeah, you're SOL basically unless your husband can do AOS to being an LPR.