eutryos Posted October 29, 2008 Report Share Posted October 29, 2008 My wife (yay now married) and I go to the SSA building in Chicago and fill out the form to apply for a SSN. She was denied because she checked the box Legal Alien NOT allowed to work. We checked this box because at our POE the officer there drilled my girl for half an hour telling her that she cannot work inside the US until she receives her EAD. So back to the SSN, the worker that denied her the SSN underlined a clause in "Legal Alien NOT allowed to work" saying she "MUST provide a document from a U.S. Federal, State, or local government agency that explains why you need a SSN". How does she go about getting a SSN now? Link to comment
Sebastian Posted October 29, 2008 Report Share Posted October 29, 2008 There's a REG you can print out and bring to that office again. I can't remember it off the top of my head. Perhaps dnoblett or Randy_W will chime in. Link to comment
dnoblett Posted October 29, 2008 Report Share Posted October 29, 2008 (edited) The POE officer is wrong on that, a K-1 is "WORK AUTH" for the 90 days of the I-94, however most employers wont employ without EAD card or EAD stamp in passport. You check "Legal Alien ALLOWED to work" If SSA office gives you a hard time, you can print out this page and point to section C. https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500 AND this: http://www.kamya.com/ssn/em00154.pdf NOTE K-1 can only get SSN within 76 days of entry, after that and EAD card or Green-Card will be needed. We applied for SSN after marriage, we brought, Passport, visa, I-94, and marriage cert, and were able to apply for SSN using married name. I have read of some that have to just apply using maiden name as if unmarried because some bone head SSA officers get confused and say "K-1 person is NOW a K-3" because of marriage, the SSA officer in that case is a MORON. Edited October 29, 2008 by dnoblett (see edit history) Link to comment
Guest Rob & Jin Posted October 29, 2008 Report Share Posted October 29, 2008 (edited) There's a REG you can print out and bring to that office again. I can't remember it off the top of my head. Perhaps dnoblett or Randy_W will chime in. K1- is authorised to work , all you need is her passport with 1-94 and valid visa, you checked the wrong box. Randy and/or Dan will tell you the DOCUMENTS you can take to support to prove that. her card will be stamped " Valid for work only with INS authorization" Edited October 29, 2008 by Rob & Jin (see edit history) Link to comment
warpedbored Posted October 29, 2008 Report Share Posted October 29, 2008 This is a common problem. It seems that the folks at the SSA don't understand the law. Most people simply go to another office and try again. Some have demanded to talk to a supervisor. It would be a good idea to print out their own memo. Here is a link to the PDF of that memo.http://www.k1k3.com/stuff/SSNMemo.pdf Here is a link to the SSA website that states the SSA policy. https://secure.ssa.gov/apps10/poms.nsf/lnx/...33;opendocumentScroll down to the section that says "1. Aliens Work Authorized Without Specific DHS Authorization" Under the part that says "Class of Admission" it specifically states K-1. If your wife is going to take your family name this is a good time to do it. Some offices will tell you she can't. We had no trouble with that here in Portland although another couple we know who went to the same office we did had to keep her maiden name. If that happens don't sweat it. You can change her name when you file AOS. After she gets her green card go back to the SSA office. Link to comment
bob&haiqing Posted October 29, 2008 Report Share Posted October 29, 2008 The POE officer is wrong on that, a K-1 is "WORK AUTH" for the 90 days of the I-94, however most employers wont employ without EAD card or EAD stamp in passport. You check "Legal Alien ALLOWED to work" If SSA office gives you a hard time, you can print out this page and point to section C. https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500 AND this: http://www.kamya.com/ssn/em00154.pdf NOTE K-1 can only get SSN within 76 days of entry, after that and EAD card or Green-Card will be needed. We applied for SSN after marriage, we brought, Passport, visa, I-94, and marriage cert, and were able to apply for SSN using married name. I have read of some that have to just apply using maiden name as if unmarried because some bone head SSA officers get confused and say "K-1 person is NOW a K-3" because of marriage, the SSA officer in that case is a MORON. This is a common problem. It seems that the folks at the SSA don't understand the law. Most people simply go to another office and try again. Some have demanded to talk to a supervisor. It would be a good idea to print out their own memo. Here is a link to the PDF of that memo.http://www.k1k3.com/stuff/SSNMemo.pdf Here is a link to the SSA website that states the SSA policy. https://secure.ssa.gov/apps10/poms.nsf/lnx/...33;opendocumentScroll down to the section that says "1. Aliens Work Authorized Without Specific DHS Authorization" Under the part that says "Class of Admission" it specifically states K-1. If your wife is going to take your family name this is a good time to do it. Some offices will tell you she can't. We had no trouble with that here in Portland although another couple we know who went to the same office we did had to keep her maiden name. If that happens don't sweat it. You can change her name when you file AOS. After she gets her green card go back to the SSA office.Dan and warpedbored, As always you both provide great information and guidance to those of us who have yet to experience these things. I have copied your replies and sent them in a email to myself for future reference when Haiqing and I go through this process in March. Thanks and have a terrific day!Bob Link to comment
Randy W Posted October 29, 2008 Report Share Posted October 29, 2008 Just be sure to check your "Spam" folder Link to comment
bob&haiqing Posted October 30, 2008 Report Share Posted October 30, 2008 Just be sure to check your "Spam" folder will do Randy Link to comment
lostinblue Posted October 30, 2008 Report Share Posted October 30, 2008 Yan and I went to a small SS office and she HAD stamped in her passport an authorization from JFK. They denied it . Woman showed me a paper It had a list of who could get SS number. On the list it said you need the green card. I showed her the papers mentioned above and she indicated that her list was a "few pay grades above what I copied from the internet."So yan and I went to the big city and went to the same office Dnoblett applied at . It sailed right through. NO questions asked. It is best to try to use a larger SS office that handle applications like this every day. Link to comment
eutryos Posted October 30, 2008 Author Report Share Posted October 30, 2008 Thanks much everyone in clearing this up for me, we'll be going again later this week. Link to comment
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