SS# FOR Daughter

[NYTIMES]

I just arrived this week with my fiancee and her daugher after a long journey from China. The other day we went to ss admin office and they were able to submit application for my fiancee (K1), but not for her daughter (K2), and we were told she needs a red card from immigration to obtain a social security card. Please if someone knows about this I would appreciate help. My guess is that we need to get married and then get an adjustment of status in order for her to get ther ss#.

 

Thanks,

Ben, Xue Ying and Nini

[LeeFisher3]

Your daughter will only be able to get her SSN when she has either a Green Card or EAD. The only exception is a federal or state law requiring her to have an SSN.

[mchina34]

I just arrived this week with my fiancee and her daugher after a long journey from China. The other day we went to ss admin office and they were able to submit application for my fiancee (K1), but not for her daughter (K2), and we were told she needs a red card from immigration to obtain a social security card. Please if someone knows about this I would appreciate help. My guess is that we need to get married and then get an adjustment of status in order for her to get ther ss#.

 

Thanks,

Ben, Xue Ying and Nini

 

 

 

EADi765 = work permit and i'm not sure you can get one for underage people, but if you can then you should file one yesterday. This gets processed really quick....the AOS/i485 will probably take much longer.

 

 

but, now that the fees have changed, i think you file only one packet i765(ead)/AOS together with one fee so the both get turned in at the same time, though the i765 still is probably done first.

[warpedbored]

Lee is correct. In order to get a SSN for the daughter she will have to have either a green card or an EAD. As I recall the EAD is included in the new fees but you still have to file the form I-765 along with the I-485. Since there are no extra fees involved you might as well file for the EAD in case it gets approved first.

 

Lee I would like to hear more about the state or federal law exception. I wasn't aware of any laws requiring a minor to have a SSN. Could be good info for the FAQ.

[dnoblett]

Only K-1 is considered to be "Work-Authorized" by the SSA, All other K-Visa types need either EAD or Green-Card to get SSN.

 

The primary reason for this is because of a federal law that some states interpret that both parties involved in applying for a marriage license are required to provide a SSN. Since a child is not going to work or is needing the number to apply for a marriage license, the SSA won't issue a number.

 

Read section C of this page it indicates that SSA will only issue to K-1

 

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

[Randy W]

Lee is correct. In order to get a SSN for the daughter she will have to have either a green card or an EAD. As I recall the EAD is included in the new fees but you still have to file the form I-765 along with the I-485. Since there are no extra fees involved you might as well file for the EAD in case it gets approved first.

 

Lee I would like to hear more about the state or federal law exception. I wasn't aware of any laws requiring a minor to have a SSN. Could be good info for the FAQ.

 

 

Carl - the policy is that IF an SSN is required by a government agency, you must supply a letter from that government agency stating that it is required.

 

This might happen for SS benefits or who knows what else. It's a long standing policy.

[Randy W]

Only K-1 is considered to be "Work-Authorized" by the SSA, All other K-Visa types need either EAD or Green-Card to get SSN.

 

The primary reason for this is because of a federal law that some states interpret that both parties involved in applying for a marriage license are required to provide a SSN. Since a child is not going to work or is needing the number to apply for a marriage license, the SSA won't issue a number.

 

Read section C of this page it indicates that SSA will only issue to K-1

 

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

 

 

Of course, they will issue one to a K-2 with an EAD card.

 

The primary reason for this is because of a federal law that some states interpret that both parties involved in applying for a marriage license are required to provide a SSN.

Dan do you have a source for this, other than VJ?

[dnoblett]

The primary reason for this is because of a federal law that some states interpret that both parties involved in applying for a marriage license are required to provide a SSN.

Dan do you have a source for this, other than VJ?

Love to oblige you.

 

Title 42, 666 (a)(13)(A)

 

666. Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement

(a ) Types of procedures required

(13 ) Recording of social security numbers in certain family matters. Procedures requiring that the social security numbers of

(A ) any applicant for a professional license, driver¡¯s license, occupational license, recreational license, or marriage license be recorded on the application;

http://www.law.cornell.edu/uscode/search/d...66----000-.html

[Randy W]

The primary reason for this is because of a federal law that some states interpret that both parties involved in applying for a marriage license are required to provide a SSN.

Dan do you have a source for this, other than VJ?

Love to oblige you.

 

Title 42, 666 (a)(13)(A)

 

666. Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement

(a ) Types of procedures required

(13 ) Recording of social security numbers in certain family matters. Procedures requiring that the social security numbers of

(A ) any applicant for a professional license, driver¡¯s license, occupational license, recreational license, or marriage license be recorded on the application;

http://www.law.cornell.edu/uscode/search/d...66----000-.html

 

 

No - at the other end - why did the INS make K-1's work authorized?

 

It may be obvious to you and me, but is there a source of this apparent rumor?

[LeeFisher3]

Lee is correct. In order to get a SSN for the daughter she will have to have either a green card or an EAD. As I recall the EAD is included in the new fees but you still have to file the form I-765 along with the I-485. Since there are no extra fees involved you might as well file for the EAD in case it gets approved first.

 

Lee I would like to hear more about the state or federal law exception. I wasn't aware of any laws requiring a minor to have a SSN. Could be good info for the FAQ.

 

Here is where I got the reference:

Can a noncitizen without work authorization obtain a Social Security number to get a drivers license?

No. We no longer can assign an SSN to a noncitizen solely for the purpose of obtaining a driver's license. Noncitizens otherwise ineligible for an SSN can, however, obtain one for purposes other than employment when-

 

A federal statute or regulation requires the noncitizen to provide an SSN to get a particular benefit or service; or

 

A state or local law requires the noncitizen to provide a SSN to get general assistance benefits.

Federal insurance for retired and disabled military requires an SSN for coverage according to Federal law, this includes beneficiaries. Although one member in Tennessee was not able to get an SSN even when showing the law to the SSA stating their child was required to have one based on a Federal Law.

[Randy W]

The primary reason for this is because of a federal law that some states interpret that both parties involved in applying for a marriage license are required to provide a SSN.

Dan do you have a source for this, other than VJ?

Love to oblige you.

 

Title 42, 666 (a)(13)(A)

 

666. Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement

(a ) Types of procedures required

(13 ) Recording of social security numbers in certain family matters. Procedures requiring that the social security numbers of

(A ) any applicant for a professional license, driver¡¯s license, occupational license, recreational license, or marriage license be recorded on the application;

http://www.law.cornell.edu/uscode/search/d...66----000-.html

 

 

No - at the other end - why did the INS make K-1's work authorized?

 

It may be obvious to you and me, but is there a source of this apparent rumor?

 

I think the K-1 (and it's work authorization) pre-date the SS recording requirement.

 

No big deal - just curious