EAD and SS number

[hankster]

I have prepared the I-765 for wife (K3) and stepson (K4). Before I mail them I just want to check.

They got here 4 weeks ago, and I haven't started AOS yet. Stepson is 13 and already enrolled in school. Wife is not planning to go to work. Do I need to get the EAD and pay 2 - $180 fees just to get

SS #'s? Other than possibly needing an SS # for wife to be able to get a driver's license, what's the advantage of EAD?

My medical insurance at work will accept them without SS #.

Opinions or experiences?

Thanks

Hank

[tywy_99]

There's no use to spend the money on the EAD if you plan on not using it. In cases like that, you can wait for them to get their greencard. Afterwards, they both can get their SSN's

The EAD is only good for a year anyways.

 

You are right in your assessment.

 

-good luck

[david_dawei]

I think the bigger issue is, how to get her on the insurance without a SSN.. which an EAD will get...

 

Aside from the EAD, what are some workarounds to getting a SSN?

[jim_julian]

In our case (K1) SSAN was not an issue. We got an EAD just so we'd have a government photo ID in her married name in case the Green Card was delayed. The State balked at issuing a California ID before the GC was in hand.

[tonado]

http://www.ssa.gov/ssnvisa/

[warpedbored]

I have heard of cases where schools require a SSN and the K-2 or K-4 had to have an EAD to get one. She will need a SSN in order for you to put her on your bank account though.

[Trigg]

I have heard of cases where schools require a SSN and the K-2 or K-4 had to have an EAD to get one. She will need a SSN in order for you to put her on your bank account though.

Some banks have this policy. Mine said the same thing. I threatened to move my account and they magicaly found a way around it. The only agency that would not budge was the VA!!!!!!!!

[Zhen's Tiger]

Do I need to get the EAD and pay 2 - $180 fees just to get SS #'s? Other than possibly needing an SS # for wife to be able to get a driver's license, what's the advantage of EAD? My medical insurance at work will accept them without SS #.

Opinions or experiences?

Thanks

Hank

Hi Hank,

If she doesn't want to work, IMHO I'd say No, you don't need to do it. As you said, your work is giving them medical insurance without the SSN as did my company. And the drivers license should not be a problem either, although you will need a letter from the SSN Office written to the MVS saying they will not give her a SSN yet. Once we had that, they let her take the test and she got her license. Of course I still had to file the EAD anyway because my wife actually wants to work... I don't know why

Good luck!!

 

Steve

Edited April 6, 2007 by Zhen's Tiger (see edit history)

[LeeFisher3]

Anyone asking for an SSN can be delt with, excluding the VA, by demanding they provide the privacy act statement as required by The Privacy Act of 1974 (5 U.S.C. 552a).

 

There is a required section of this that lists the consequences of not providing the SSN.

 

Insurance companies are not legally able to require this and if you demand, they are required to provide you a unique identifier to use.

 

For a bank giving you problems, I would suggest you print the following link and highlight the section quoted:

TITLE 31--MONEY AND FINANCE: TREASURY (this is part of the Bank Secrecy Act of 2006)

[[Page 407]]

 

(4) Identification number, which shall be:

(i) For a U.S. person, a taxpayer identification number; or

(ii) For a non-U.S. person, one or more of the following: a taxpayer

identification number; passport number and country of issuance; alien

identification card number; or number and country of issuance of any

other government-issued document evidencing nationality or residence and

bearing a photograph or similar safeguard.

[Randy W]

Anyone asking for an SSN can be delt with, excluding the VA, by demanding they provide the privacy act statement as required by The Privacy Act of 1974 (5 U.S.C. 552a).

 

There is a required section of this that lists the consequences of not providing the SSN.

 

Just to clarify, Lee, this is a privacy act statement by the company asking for the SSN, which states their own policy about dealing with those who do not have an SSN, right?

 

This statement would tell the idiot behind the counter what his own company says they are supposed to do when a customer does not have an SSN?

[LeeFisher3]

Anyone asking for an SSN can be delt with, excluding the VA, by demanding they provide the privacy act statement as required by The Privacy Act of 1974 (5 U.S.C. 552a).

 

There is a required section of this that lists the consequences of not providing the SSN.

 

Just to clarify, Lee, this is a privacy act statement by the company asking for the SSN, which states their own policy about dealing with those who do not have an SSN, right?

 

This statement would tell the idiot behind the counter what his own company says they are supposed to do when a customer does not have an SSN?

Yep, and anyone requesting the SSN for any purpose is required by federal law to provide such a statement in conjunction with the request, although most including the Federal Government fail to make this known as required by the same Federal Law.

 

The one thing this privacy act statement is required to include is their authority under Federal Law to require the SSN or if this is only a request for this information. 99.99% of all SSN's being requested are just that, a request, and they have no authority to refuse you anything because you do not voluntarily provide it.

[warpedbored]

Opening a bank account would suggest you will earn interest income. Wouldn't any kind of income at least require TIN? All I know is my bank told me that my wife would need a SSN before I could put her on my account.

[LeeFisher3]

Opening a bank account would suggest you will earn interest income. Wouldn't any kind of income at least require TIN? All I know is my bank told me that my wife would need a SSN before I could put her on my account.

For a joint account the law only requires once of the parties to have an SSN, especially in the case of a foreign national who is not elegable for an SSN, that is defined in the Bank Secrecy Act of 2006. This was also confirmed by an officer at BOA.

 

It's like dealing with the SSA, if you take the rules with you it's really hard for them to deny you.

[lostinblue]

Opening a bank account would suggest you will earn interest income. Wouldn't any kind of income at least require TIN? All I know is my bank told me that my wife would need a SSN before I could put her on my account.

For a joint account the law only requires once of the parties to have an SSN, especially in the case of a foreign national who is not elegable for an SSN, that is defined in the Bank Secrecy Act of 2006. This was also confirmed by an officer at BOA.

 

It's like dealing with the SSA, if you take the rules with you it's really hard for them to deny you.

My bank desires a ss number and a utility bill in her name and address

[LeeFisher3]

Banks like the SSA usually quote the law incorrectly to support their desired policy, but they do not have the ability to require more than the Federal Statute requires when it comes to an SSN.

 

While they prefer not to deal with the legal exceptions in the law, they will, but sometimes you need to escalate it to the next level or two before you accomplish getting them to do their job.