My fiance needs a Social Security Card to get married.

[immihelp]

Good morning,

Me and my fiance arrived from the Philippines on Friday, Sep 10, 2010. From your immigration help site, we learned that my fiance, who is here on a K1 visa, will need to wait until on or after the 24th of September to apply for a social security number and card. We need the card because in my home state, a social security number is required in order to get a marriage license. We want to be married on 10-10-10, and so timing may be an issue.

My questions are:

1. Is there an actual form that we must produce IN ADDITION TO the SS application in order to apply for the social security card?

2. Your website indicates that we should have the Employment Authorization form in case the SSA office does not know that K1 visa holders can get a SS#. However, we cannot obtain the employment authorization until after the wedding. Suggestions?

3. How does she apply for a SS#? Can she apply online? Does she have to apply in person? Can a completed application be mailed in? What is the best method in the case of a K1 visa holder who is not yet married?

Thank you so much for all your help!

[immihelp]

1. No.
2. Try harder explaining them.
3. In person.

[nichole]

First off, call your county clerks office and talk to a person, if you haven't done so already. My county's website listed SSN, but when I called said if you have a SSN, it must be provided, but if not Photo ID (foreign passport was sufficient.

My questions are:

1. Is there an actual form that we must produce IN ADDITION TO the SS application in order to apply for the social security card?

The form is SS-5 and available on SSA website.

2. Your website indicates that we should have the Employment Authorization form in case the SSA office does not know that K1 visa holders can get a SS#. However, we cannot obtain the employment authorization until after the wedding. Suggestions?

A K-1 is "work authorized" by nature of the visa according to SSA guidelines. That's enough to be issued a SSN. Google POMS RM 00203.500 and read section C. Policy - Employment Authorization by Class of Admission. There is a chart showing K1 as "work authorized". Print that to show them as many offices don't deal with K1s and will tell you no. Insist on a supervisor before leaving if they say she can't get a SSN. Apply in the name exactly as written on her I-94 card because that's how her name should be entered in the database they will check. If her name isn't found in the database, then they send off to USCIS for manual verification and she won't get a SSN for several months. That's why you wait about 2 weeks to apply--giving time to get in the database after entry on the visa. Some people have gotten SSN on Day 2. If you go early and name not found, withdraw application and go back in a week. Don't let them do the manual verification. You are forced to wait on that once it is submitted.

3. How does she apply for a SS#? Can she apply online? Does she have to apply in person? Can a completed application be mailed in? What is the best method in the case of a K1 visa holder who is not yet married?

Go in person with passport, visa, and I-94 card. (and a printout of RM 00203.500, section C)

P.S. Even though a K1 is "work authorized" for SS card purposes, she can't actually work until she gets her EAD card or green card. But that's another story about beauracracy and different govt agency policies not quite meshing.