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mardi_gras Feb 8th 2007 5:11 pm

Social Security number denied
 
Hi
I wondered if anyone could help me with a question, having lurked here for a few years on and off I know how clued up some of you are.
I'm here on an E2 visa through my husbands work. I don't work and I don't need to so when I was told I wasn't able to have a social security number I didn't think it would be any great problem. (Don't ya just love that Patriots Act?)
Now that we have been here for a while (since March '06) I now realise what a pain it is to not have one. It affects everything from making a doctors appt. to filing taxes, how can my husband claim me as a dependent when I basically don't exist as far as the US gov. is concerned? I'm not able to build up a credit score and I have to have a joint bank account as I can't have one of my own. I feel like a child.
Has the information we have been given correct? Am I entitled to a social security number?
I know you may find it hard to believe please try to contain your shock, but I'm wondering if I have been given incorrect information by the people in my local SS office and find it impossible to contact anyone on the phone. :D I thought I would check with those good folks on the expat forum who might actually know some facts.
Sorry if this has been asked before, I did search and couldn't find anything.
Thanks

Elvira Feb 8th 2007 5:27 pm

Re: Social Security number denied
 

Originally Posted by mardi_gras (Post 4378831)
Hi
I wondered if anyone could help me with a question, having lurked here for a few years on and off I know how clued up some of you are.
I'm here on an E2 visa through my husbands work. I don't work and I don't need to so when I was told I wasn't able to have a social security number I didn't think it would be any great problem. (Don't ya just love that Patriots Act?)
Now that we have been here for a while (since March '06) I now realise what a pain it is to not have one. It affects everything from making a doctors appt. to filing taxes, how can my husband claim me as a dependent when I basically don't exist as far as the US gov. is concerned? I'm not able to build up a credit score and I have to have a joint bank account as I can't have one of my own. I feel like a child.
Has the information we have been given correct? Am I entitled to a social security number?
I know you may find it hard to believe please try to contain your shock, but I'm wondering if I have been given incorrect information by the people in my local SS office and find it impossible to contact anyone on the phone. :D I thought I would check with those good folks on the expat forum who might actually know some facts.
Sorry if this has been asked before, I did search and couldn't find anything.
Thanks

AFAIK, these days they only issue SSNs to people who are authorised to work.

Are you eligible to apply for an EAD (form I-765)?

That would seem to be the only way to get a SSN. (Been there, done that - know what a pain it is to try and get by without one.)

Ray Feb 8th 2007 5:35 pm

Re: Social Security number denied
 

Originally Posted by Elvira (Post 4378878)
AFAIK, these days they only issue SSNs to people who are authorised to work.
Are you eligible to apply for an EAD (form I-765)?
That would seem to be the only way to get a SSN. (Been there, done that - know what a pain it is to try and get by without one.)

Yes you have to get the EAD first ...

Warrington Wolf Feb 8th 2007 5:40 pm

Re: Social Security number denied
 
Yes, the wouldn't give me a SSN until I had an EAD. The EAD took about 3 months to come through after applying.

mardi_gras Feb 8th 2007 5:50 pm

Re: Social Security number denied
 
I knew you would all know! Thankyou so much, I actually have the EAD form but have just put off applying, I think I need to get on with it.
Warrington Wolf - small world, I'm from Stockton Heath.

Sue Feb 8th 2007 6:08 pm

Re: Social Security number denied
 

Originally Posted by mardi_gras (Post 4378831)
how can my husband claim me as a dependent when I basically don't exist as far as the US gov. is concerned?

You can get a Individual Tax Identification Number (ITIN). Which you can then use on your Tax return. Not sure if you will be able to get one in time for this years taxes though. It's used to take about 8 weeks to get one, but it may be quicker now. Check out this link.

Elvira Feb 8th 2007 6:09 pm

Re: Social Security number denied
 

Originally Posted by mardi_gras (Post 4378952)
I knew you would all know! Thankyou so much, I actually have the EAD form but have just put off applying, I think I need to get on with it.
Warrington Wolf - small world, I'm from Stockton Heath.

Just wanted to add that your husband can still claim you as a dependent even without a SSN. You need to apply for a TIN (tax identification number) and file a "married filing jointly" tax return.

If you have children, they can get TINs also and can be claimed as dependents.

HTH! :)

Elvira Feb 8th 2007 6:27 pm

Re: Social Security number denied
 

Originally Posted by Sue (Post 4379026)
You can get a Individual Tax Identification Number (ITIN). Which you can then use on your Tax return. Not sure if you will be able to get one in time for this years taxes though. It's used to take about 8 weeks to get one, but it may be quicker now. Check out this link.

SNAP! :D

meauxna Feb 8th 2007 6:43 pm

Re: Social Security number denied
 

Originally Posted by Sue (Post 4379026)
You can get a Individual Tax Identification Number (ITIN). Which you can then use on your Tax return. Not sure if you will be able to get one in time for this years taxes though. It's used to take about 8 weeks to get one, but it may be quicker now. Check out this link.

You may only file W-7 for an ITIN *with* a tax return now.

"Foreign persons who are individuals should apply for a social security number (SSN, if permitted) on Form SS-5 with the Social Security Administration, or should apply for an Individual Taxpayer Identification Number (ITIN) on Form W-7. Effective immediately, each ITIN applicant must now:

Apply using the revised Form W-7, Application for IRS Individual Taxpayer Identification Number; and
Attach a federal income tax return to the Form W-7."

Bob Feb 8th 2007 7:10 pm

Re: Social Security number denied
 

Originally Posted by mardi_gras (Post 4378952)
I knew you would all know! Thankyou so much, I actually have the EAD form but have just put off applying, I think I need to get on with it.
Warrington Wolf - small world, I'm from Stockton Heath.

you'd want to do it quickly incase those fee's go up...

mdyoung Feb 9th 2007 1:31 am

Re: Social Security number denied
 
OK amateurs here is the real story.

https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500
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

E-2 -- Spouse of principal E-2

When an EAD card is issued in these situations to an E-2 spouse, the I-766 shows “A-17” under Category and the I-688B shows “274a.12 (A)(17)” under Provision of Law.

If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the principal E-2 alien.

https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203600
RM 00203.600 List of Documents Establishing Lawful Alien Status for an SSN Card

The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document (issued prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant).

If you have your I-94 with unexpired E-2 status with unexpired passport, marriage certificate and birth certificate you are good to go for a work authorized SSN.

Ray Feb 9th 2007 2:04 am

Re: Social Security number denied
 

Originally Posted by mdyoung (Post 4380172)
OK amateurs here is the real story.

https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500
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

E-2 -- Spouse of principal E-2

When an EAD card is issued in these situations to an E-2 spouse, the I-766 shows “A-17” under Category and the I-688B shows “274a.12 (A)(17)” under Provision of Law.

If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the principal E-2 alien.

https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203600
RM 00203.600 List of Documents Establishing Lawful Alien Status for an SSN Card

The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document (issued prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant).

If you have your I-94 with unexpired E-2 status with unexpired passport, marriage certificate and birth certificate you are good to go for a work authorized SSN.

Surely that is for an E-2 spouse that is also on the E-2
and would not apply to an accompanying spouse...

mdyoung Feb 9th 2007 2:11 am

Re: Social Security number denied
 

Originally Posted by Ray (Post 4380210)
Surely that is for an E-2 spouse that is also on the E-2
and would not apply to an accompanying spouse...

What status would the spouse of a person with E-2 status have other than E-2 status if they arrived together?

Ray Feb 9th 2007 2:13 am

Re: Social Security number denied
 

Originally Posted by mdyoung (Post 4380216)
What status would the spouse of a person with E-2 status have other than E-2 status if they arrived together?

They both could have E-2 visas and own 50% each of the business...
or one could be accompanying spouse of E-2 holder ...
when one spouse owns 100% of the business

BigDavyG Feb 9th 2007 2:18 am

Re: Social Security number denied
 

Originally Posted by Ray (Post 4380218)
They both could have E-2 visas and own 50% each of the business...
or one could be accompanying spouse of E-2 holder ...
when one spouse owns 100% of the business

Bit of a mistake to set things up with a 100% owner is it not ??
What kind of share do you need as a spouse to qualify for the E-2 - is it 50/50 ??

mdyoung Feb 9th 2007 2:22 am

Re: Social Security number denied
 

Originally Posted by Ray (Post 4380218)
They both could have E-2 visas and own 50% each of the business...
or one could be accompanying spouse of E-2 holder ...
when one spouse owns 100% of the business

But the accompanying spouse is still going to have E-2 status and and an I-94 with E-2 written on it, marriage certificate, passport and birth certificate gets you an SSN.

I believe the whole family will have E-2 status, but kids can't get an SSN based on E-2 status.

Ray Feb 9th 2007 2:29 am

Re: Social Security number denied
 

Originally Posted by mdyoung (Post 4380230)
But the accompanying spouse is still going to have E-2 status and and an I-94 with E-2 written on it, marriage certificate, passport and birth certificate gets you an SSN.

I believe the whole family will have E-2 status, but kids can't get an SSN based on E-2 status.

Thank you Mike ...
But in practice is does nor seem that way ..evey E-2er I know.. the non E-2 partner has had to get an EAD just like the OP....

mdyoung Feb 9th 2007 2:39 am

Re: Social Security number denied
 

Originally Posted by Ray (Post 4380240)
Thank you Mike ...
But in practice is does nor seem that way ..evey E-2er I know.. the non E-2 partner has had to get an EAD just like the OP....

This a somewhat recent policy change for SSA. It was sometime last year I recall that SSA started allowing E-1, E-2 and L-2 spouses to be assigned an SSN
based on status with the marriage certificate.

Ray Feb 9th 2007 2:45 am

Re: Social Security number denied
 

Originally Posted by mdyoung (Post 4380249)
This a somewhat recent policy change for SSA. It was sometime last year I recall that SSA started allowing E-1, E-2 and L-2 spouses to be assigned an SSN
based on status with the marriage certificate.

That could be it .. Thank you Mike I will pass the info onto
my old Florida E-2 site ....Ray

mardi_gras Feb 9th 2007 4:18 am

Re: Social Security number denied
 
I'm confussed. Just to clarify, we don't own a business. My husband is employed by a company who get visas for their staff using the E2 rather than H1B ect. My husbands visa has his employers name on it, my visa and my kids visas have my husbands name on them. Does that make any difference?

The way I read the previous posts is that I can now apply for a SSN just by proving I am married, is that right?

Ray Feb 9th 2007 4:23 am

Re: Social Security number denied
 

Originally Posted by mardi_gras (Post 4380388)
I'm confussed. Just to clarify, we don't own a business. My husband is employed by a company who get visas for their staff using the E2 rather than H1B ect. My husbands visa has his employers name on it, my visa and my kids visas have my husbands name on them. Does that make any difference?

The way I read the previous posts is that I can now apply for a SSN just by proving I am married, is that right?

That what Mike says ..... and he is the Resident SS expert ....
of course you still cannot work though ..without the EAD
print out the rules on the site Mike gave ...take it with you ..

mdyoung Feb 9th 2007 4:42 am

Re: Social Security number denied
 

Originally Posted by mardi_gras (Post 4380388)
I'm confussed. Just to clarify, we don't own a business. My husband is employed by a company who get visas for their staff using the E2 rather than H1B ect. My husbands visa has his employers name on it, my visa and my kids visas have my husbands name on them. Does that make any difference?

Based on current SSA SSN policy if you are the spouse having E-2 status and can provide a marriage document issued before you arrived here that shows you are married to the principal E-2, then you can be assigned a work authorized SSN.

Take your I-94, passport, marriage certificate and birth certificate into an SSA office with the sections of SSA's POMS I listed. Start yelling for the office manager if they say you need an I-766 EAD card.

Warrington Wolf Feb 9th 2007 2:15 pm

Re: Social Security number denied
 

Originally Posted by mardi_gras (Post 4378952)
I knew you would all know! Thankyou so much, I actually have the EAD form but have just put off applying, I think I need to get on with it.
Warrington Wolf - small world, I'm from Stockton Heath.

I used to live in Winwick (on the site of the old mental hospital - some say it still is). We still have a house there. Went to school in Leigh.

What about you?

mardi_gras Feb 9th 2007 6:39 pm

Re: Social Security number denied
 
Thankyou so much. There's no way I could have found out this info on my own, I'm really grateful.

Warrington Wolf, Winwick Park eh? Very posh. We still have our house over there too in Walton, hopefully we won't have it for long though it's going on the market next week. I lived there all my life before coming here, grew up in Thelwall and went to school in Lymm (before it was entirely populated by millionaires.)

I miss it sometimes especially Greggs cheese and onion pasties and going to Blackpool for the day when the weather was nice. Fantastic.


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