AOS - Employment - SSN

[Kelvin Ly 0]

Hi all

I sent out I-485 (AOS) for my wife on July 27 trying to beat the raised fee deadline on July 30. I did not apply for Employment Authorization Document (EAD). When I brought my wife to SS Office to apply for SSN, they ask for EAD. I read the Guide on VJ and it stated clear that we should have EAD when apply for SSN.

I just do not understand this requirement. .Right now, my wife does not need to work. When she gets her Green Card, she will be able to work then. We are fine with that. But in the mean time, we like to get her SSN, so that she can apply for driver license, bank account, school, getting on my health insurance policy, etc. Why in the world they ask for EAD??? She DO NOT need to work now. How EAD related to SSN???

Now, I found out that made a mistake sending out the I-485. I did not have my wife sign the application! She and my daughter got here on July 24. I had so much going on with the new life with my wife and daughter plus trying to beat the deadline, so I lost my mind.

My I-485 arrived July 30, and the check has not been cashed yet. I will probably receive the rejected application in couple of days. Should I wait for that? Or go ahead send another application of I-485 (AOS) and I-765 (EAD)?

[David-Hien 11]

Hi all

I sent out I-485 (AOS) for my wife on July 27 trying to beat the raised fee deadline on July 30. I did not apply for Employment Authorization Document (EAD). When I brought my wife to SS Office to apply for SSN, they ask for EAD. I read the Guide on VJ and it stated clear that we should have EAD when apply for SSN.

I just do not understand this requirement. .Right now, my wife does not need to work. When she gets her Green Card, she will be able to work then. We are fine with that. But in the mean time, we like to get her SSN, so that she can apply for driver license, bank account, school, getting on my health insurance policy, etc. Why in the world they ask for EAD??? She DO NOT need to work now. How EAD related to SSN???

Now, I found out that made a mistake sending out the I-485. I did not have my wife sign the application! She and my daughter got here on July 24. I had so much going on with the new life with my wife and daughter plus trying to beat the deadline, so I lost my mind.

My I-485 arrived July 30, and the check has not been cashed yet. I will probably receive the rejected application in couple of days. Should I wait for that? Or go ahead send another application of I-485 (AOS) and I-765 (EAD)?

Dear Kelvin Ly,

There is no problem for me when I applied the SSN after three days arrived USA, they only needed the I-94 attached on my passport and my passport, that's all I had to submit for SSN.

If you are in K3 visa, they will give you the SSN when your wife show them the green card.

I was wondering if they mixed up these two cases (K1 and K3) at your wife.

About the I-485, you should wait for some more days, the receipt will come back within 2 weeks. You are late now after Aug 01, 2007. You got mistake once, now you should be careful to wait for the feedback then you can figure out how to do.

The I-765 (EAD) is expensive but sometime it works. Your wife may need the EAD before Green card to go to work, she may not want to stay home in long time. You should check with her to see what she wants.

Today I applied for job and was in interview, I don't have the green card yet although my AOS was approved, but I had the EAD, that helped me in the time of waiting for green card. I had to show to the employer my EAD.

Good luck to you.

Hien

[Ashleigh-Au 0]

K'3s need EAD or a greencard before getting a SS number.....why??......who knows they just do!

You have to remember that you should not be filling out the applications for your wife....she is the one applying to adjust her status.......and she needs to complete the forms and sign them.

They will send em back....have her sign them then send them back in...........shouldn't hold things up too much.

Good luck!

[payxibka 10,045]

I just do not understand this requirement. .Right now, my wife does not need to work. When she gets her Green Card, she will be able to work then. We are fine with that. But in the mean time, we like to get her SSN, so that she can apply for driver license, bank account, school, getting on my health insurance policy, etc. Why in the world they ask for EAD??? She DO NOT need to work now. How EAD related to SSN???

A social security number is a number issued by the US government to people for payroll deductions for old age, survivors, and disability insurance. Its primary purpose is tracking working individuals for taxation purposes and to track Social Security benefits. Thus why you need some form of EAD to receive.

A SSN is not a de facto national identification number, but it certainly seems that it is being treated as such.

Edited August 6, 2007 by fwaguy

[Kelvin Ly 0]

I am trying to get my wife going to school this fall. Until then, she does not need to go to work. Hopefully, she will receive Green Card in order to work (work-study) or something in school.

But she needs SSN for other things as soon as possible. K3 and K1 are similiar, but K1 does not need EAD when applying for SSN. I just do not understanding this requirement yet.

It does not matter much now, because I have to re-submit the I-485 + I-765 application with the new fee ~1000 USD.

[Kelvin Ly 0]

I just do not understand this requirement. .Right now, my wife does not need to work. When she gets her Green Card, she will be able to work then. We are fine with that. But in the mean time, we like to get her SSN, so that she can apply for driver license, bank account, school, getting on my health insurance policy, etc. Why in the world they ask for EAD??? She DO NOT need to work now. How EAD related to SSN???

A social security number is a number issued by the US government to people for payroll deductions for old age, survivors, and disability insurance. Its primary purpose is tracking working individuals for taxation purposes and to track Social Security benefits. Thus why you need some form of EAD to receive.

A SSN is not a de facto national identification number, but it certainly seems that it is being treated as such.

Then why they gave SSN to K1 without asking for EAD?

[Kez/JWolf 6]

A K1 Visa holder is work authorized for the first 90 days and because they need a SSN to work they can apply for one as long as the I-94 is still valid (within the 90 days).... if the I-94 is no longer valid or it is within the last few weeks then they can not get a SSN and will have to wait until they have a valid EAD or Greencard....

A K3 visa holder is not authorized to work and therefore they do not need a SSN.... they can however file for a EAD before the file for AOS and once a EAD has been approved they can then apply for a SSN because they are now work authorized.....

Kez

Edited August 6, 2007 by Niagaenola

[chuckandkim 0]

You might want to search up on VJ.

Fact: K-1 Visa does NOT need EAD to obtain SSN when I-94 is still valid within the 90 days window. Your POE date is July 28 2007, that's good. You just need to make another trip back to the SSA office and speak to someone who KNOWS K-1 Visa. BTW, did you two GET married? If you did, You should bring the marriage certificate with you.

Things I brought for Kim's SSN application:

1. SSN Application - filled by me, signed by Kim

2. Our Marriage License Application (registered with the county court)

3. Kim's Passport

4. Kim's I-94 (valid)

5. My US Passport

6. My DL for proof of residency

SSN Card arrives less than 2 weeks at our home.

Your Green Card will not make it back in time for school if she wants to. Think: 3-6 months.

[Kelvin Ly 0]

You might want to search up on VJ.

Fact: K-1 Visa does NOT need EAD to obtain SSN when I-94 is still valid within the 90 days window. Your POE date is July 28 2007, that's good. You just need to make another trip back to the SSA office and speak to someone who KNOWS K-1 Visa. BTW, did you two GET married? If you did, You should bring the marriage certificate with you.

Things I brought for Kim's SSN application:

1. SSN Application - filled by me, signed by Kim

2. Our Marriage License Application (registered with the county court)

3. Kim's Passport

4. Kim's I-94 (valid)

5. My US Passport

6. My DL for proof of residency

SSN Card arrives less than 2 weeks at our home.

Your Green Card will not make it back in time for school if she wants to. Think: 3-6 months.

My wife got K3 Visa, not K1. So my question was why they need EAD for K3, but not K3?

They are similiar (I-129F was filed), and the only difference was that K1 valid for 90 days, and K3 for 2 years.

Can I file I-765 (EAD) before I-485? If yes, then do I pay for I-765, because I heard that filing fee for I-485 has increased to $1000 which includes the I-765?

[payxibka 10,045]

My wife got K3 Visa, not K1. So my question was why they need EAD for K3, but not K3K-1?

They are similiar (I-129F was filed), and the only difference was that K1 valid for 90 days, and K3 for 2 years.

K-1 and K-3 are very different eventhough you use the same I-129F petition (fiance(e) vs. spouse). If you try to find a logical reason why a K-1 is employment authorized for the first 90 days incident to status and the K-3 is not (other than it is how the law was written) you will drive yourself crazy.

[chuckandkim 0]

My wife got K3 Visa, not K1. So my question was why they need EAD for K3, but not K3K-1?

They are similiar (I-129F was filed), and the only difference was that K1 valid for 90 days, and K3 for 2 years.

K-1 and K-3 are very different eventhough you use the same I-129F petition (fiance(e) vs. spouse). If you try to find a logical reason why a K-1 is employment authorized for the first 90 days incident to status and the K-3 is not (other than it is how the law was written) you will drive yourself crazy.

YUP

Kevin Ly,

Check this LINK out.

[chuckandkim 0]

Doesn't really say why to your specific question but, read up:

How do noncitizens without permission to work get a Social Security number?

Question

I am lawfully admitted to the United States, but not allowed to work. I still need a Social Security number. How do I obtain one?

Answer

In general, only noncitizens who have permission to work from the Department of Homeland Security can get a Social Security number.

If you are lawfully in the United States but do not have permission to work, you are eligible for a Social Security number only if the law requires you to provide a Social Security number to get a federal benefit or state general assistance benefit that you are otherwise qualified for. For more information about applying for a number, see Documents You Need for a Social Security Card.

Lawfully admitted noncitizens can get many benefits and services without a Social Security number. You do not need a number to get a driver's license, register for school, obtain private health insurance, or to apply for school lunch programs or subsidized housing. Although many companies such as banks and credit companies may ask for your Social Security number, you are not required to provide one. Ask if they can identify you in some other way. If a service provider insists that you provide a Social Security number, it may help to prove that you cannot get one by showing the service provider a copy of Social Security Numbers For Noncitizens (Publication No. 05-10096).

If you need a number for tax purposes and you are not authorized to work in the U.S., you can apply for an Individual Taxpayer Identification Number from the Internal Revenue Service (IRS). Visit IRS in person or call the IRS toll-free number, 1-800-TAXFORM (1-800-829-3676), and request Form W-7, Application For An Individual Taxpayer Identification Number.

SSA Answer