> Hello everyone,
> My husband came over in Sept. 2003 on a K-1 visa and we got married
> within the 90 days as told. He decided to take a leave from working
>
> has worked very hard the past several years and decided to not work
> for
> a while>. We applied for AOS and his EAD quite late, only about a
> month
> ago, as we were not in a hurry for him to work and I was told that
> alot
> of people apply for AOS even years after they enter the US without a
> major problem. Well we will be recieving his EAD in
> a
> month or two but he does not have a SS# and his I-94 expired.
> Obviously
> when he goes in for a job they are going to ask for his SS#. How do we
> get one? Thanks for your help,
>
> Erin
Don't think as soon as he receives his EAD card he going to be able to
run right into an SSA office, show his EAD card and they are going to
hand him an SSN card.
The status of him having been issued an EAD card must be verified by the
SSA office and that could take a while.
The SSA office will try to verify his status through the SAVE system
while he is in the office. If they can't, they will send a form G-845 to
immigration for manual verification.
If the SSA office does send the G-845, I suggest that he go back to the
SSA office no more than once a week with his documents to (1) ask them
to check SAVE again (2) ask if they sent a G-845 (3) if yes, did it come
back (4) after 30 days ask if they have followed up on the G-845 by
calling or sending another mark "second request."
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http://policy.ssa.gov/poms.nsf/lnx/0100203720
RM 00203.720 Verifying Immigration Documents
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http://policy.ssa.gov/poms.nsf/lnx/0100203735
RM 00203.735 Requesting Online (Primary) Verification By SAVE
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http://policy.ssa.gov/poms.nsf/lnx/0100203740
RM 00203.740 Requesting Additional (Manual) Verification By DHS
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After 30 days he can even try calling the immigration office doing the
verification to ask if they received a G-845 and if yes could they
please get it back to the SSA office ASAP.
http://policy.ssa.gov/poms.nsf/lnx/0100203748
RM 00203.748 List of DHS, USCIS Offices That Verify Immigration
Documents
If they say they never received one, go back to the SSA office and ask
to speak with the office manager and insist that they send another G-845
marked "second request."
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After having waited at least 30 days and your local SSA office doesn't
seen concerned about following up on the G-845 he can try contacting
the SSA Regional Office (RO) responsible for your state:
http://www.ssa.gov/pressoffice/natlpocontacts.html
Refer them to this:
RM 00203.740 Requesting Additional (Manual) Verification By DHS
B. PROCEDURE – HOW TO REQUEST MANUAL VERIFICATION
STEP 6
DHS should respond to SSA within 15 federal work days after receiving
the Form G-845. If DHS does not respond within 15 federal work days from
the receipt of the G-845 from SSA, follow-up with the DHS, USCIS
Immigration Status office. (Allow 15 days plus five additional federal
work days of mail time for the G-845 to be received at and returned from
DHS.
Follow local practice to follow-up with DHS. Some SSA offices have an
arrangement with the DHS, USCIS office to telephone for the follow-up
contact; other SSA offices send a copy of the original G-845 annotated
“second request.”) If the DHS response is still not received within
15
federal work days after the follow-up contact (if the follow-up is by
mail allow five additional federal work days of mail time for the G-845
to be received at and returned from DHS), make a second follow-up
contact. If the DHS response is not received within 15 federal workdays
(again, if the follow-up is by mail, allow five additional federal work
days of mail time for the G-845 to be received at and returned from
DHS), after two follow-ups, contact the RO. Also report to the RO any
trend that shows a serious deviation by DHS from the above time frames.
The RO will consult with central office.
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I suggest that he take his birth certificate, passport and EAD card when
going to apply. That should cover age, identity and work authorized
alien status.
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http://policy.ssa.gov/poms.nsf/lnx/0100203001
RM 00203.001 Evidence Required for an SSN Card
C. POLICY - EVIDENCE FOR AN ORIGINAL OR NEW SSN
1. Work Authorized SSN Card
An alien allowed to work must provide evidence establishing age,
identity and work authorized lawful alien status.
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http://policy.ssa.gov/poms.nsf/lnx/0100203020
RM 00203.020 Number of Documents Required for an SSN Card
2. Original (and new SSNs)
At least two documents are required and should be requested.
b. Aliens
A foreign born individual should always be requested to submit a foreign
birth certificate if one is in his/her possession or if one can be
easily obtained. However, if a foreign birth certificate does not exist
or cannot be obtained, accept alternative evidence of age.
The DHS document (e.g., I-551, I-94, or an employment authorization
document) establishes lawful alien status or work authorization and
either identity or age. If the DHS document is used to establish alien
status and identity, the alien must provide another document, such as a
passport or birth certificate, to establish age. Conversely, if the DHS
document is used to establish alien status and age, a second document,
such as a passport or driver's license, is required to establish
identity
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http://policy.ssa.gov/poms.nsf/lnx/0100203200
RM 00203.200 Evidence of Identity for an SSN Card
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http://policy.ssa.gov/poms.nsf/lnx/0100203450
RM 00203.450 Evidence of Nonimmigrant Status for an SSN Card
POLICY - GENERAL
Each alien lawfully admitted as a nonimmigrant should have an unexpired
DHS document as evidence of his/her status. An DHS letter, receipt, copy
of an application form or any document not listed in this subchapter is
not acceptable evidence of alien status in lieu of the appropriate DHS
document.
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http://policy.ssa.gov/poms.nsf/lnx/0100203030
RM 00203.030 Requesting Documents for an SSN Card
c. POLICY - FORM OF EVIDENCE
Evidence must be:
The original document, or a copy certified by the issuing agency or
custodian of the original record.
Uncertified photocopies and notarized copies are not acceptable.
A receipt from DHS showing the alien applied for the document is also
not acceptable. The applicant must present the actual document.
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Might want to take a look at this too:
http://www.irs.gov/businesses/small/international/article/0,,id=1292-
27,00.html
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