Social Security Question

[Erwin]

The US government apparently 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.[/*]

Does anyone know a particular Federal social security statute or regulaton that addresses the need for a K-1 fiancee to have a social security number and card?

The citation and language of this Federal statute will be very helpful.

Thanks,

E

[jb]

Erwin,

I can't help you with a specific in this case except to say that the SSN is considered an "Entitlement" by the Federal Government.  Unless a person can show they are entitled to the prospect of receiving benefits from SSA, they cannot be given a SSN.  This was the fallacy of Dan's arguement on the other thread where he said..... (Damn, he edited his post)

Oh, well,,, you can take my word for it, or reseach it for yourself.

[ConnerVT]

A Social Security card is almost exclusively issued to a person eligible to work, or to a person eligible to recieve Social Security benefits (ie. a minor child of an eligible worker).

A K-1 visa holder is eligible to work for the time their visa is valid (90 days, or until they marry).  The easiest thing to do is have her apply shortly after her arrival to the US.


edit:  Vermont (and I imagine other states also, as they are all adopting federal guidelines) do not accept a SS card as proof of legal alien status.  Best bet while waiting for a green card is to apply for an EAD.  This is acceptable proof (my best friend's wife just jumped through this hoop last week).

[jb]

Yeah,,, that too....

[Admin]

Erwin,

I can't help you with a specific in this case except to say that the SSN is considered an "Entitlement" by the Federal Government.  Unless a person can show they are entitled to the prospect of receiving benefits from SSA, they cannot be given a SSN.  This was the fallacy of Dan's arguement on the other thread where he said..... (Damn, he edited his post)

Oh, well,,, you can take my word for it, or reseach it for yourself.

No, there was no "fallacy" - and my edit didn't remove anything I had stated earlier - I only added to it slightly.

[jb]

That's being sneaky, Dan, very sneaky.

[Son of Clyde]

And if immigration spells you wife's name incorrectly on the database, there is a one letter tolerance rule for first and last names. Don't let SSA tell you they can't process her SSN request. SSA is required to contact immigration to have the name changed on the database.