SSN and EAD for K1

[Arrta 1]

For those who have gone through the process before.

According to this document EM-00154 and this one too RM 00203.500C.1 K-1 visa holders are entitled to an unrestricted SS card and can work without an EAD.

Now we don't have her card yet, that will be coming in about 2 weeks, nor does she have a job, but according to this information she does not need the EAD in order to work. As such does this mean that we do not need to apply for an EAD during the AOS? Or should we apply for it anyway as it is included in the fees?

[YuAndDan 153]

No, SSA will issue a restricted SSN it will say "Valid with DHS authization" this is a signal to employers to ask for additional evidence of work authorization like EAD stamp, or EAD card.

The links you posted has to do with SSA being instructed by USCIS to issue an SSN to K-1 holders even without EAD. SSA will do so up to 76 days after entry to the USA.

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

K-1 should apply for EAD with or after filing for AOS because there is no extra fee for it when based on pending I-485. Use code (c )(9 ) on the I-765.

Edited April 14, 2008 by YuAndDan

[payxibka 10,045]

For those who have gone through the process before.

According to this document EM-00154 and this one too RM 00203.500C.1 K-1 visa holders are entitled to an unrestricted SS card and can work without an EAD.

Now we don't have her card yet, that will be coming in about 2 weeks, nor does she have a job, but according to this information she does not need the EAD in order to work. As such does this mean that we do not need to apply for an EAD during the AOS? Or should we apply for it anyway as it is included in the fees?

SSA does not provide for employment authorization nor promulgate the rules and therefore information from that agency's website should not be used as definitive evidence of fact.

She will get a "restricted" card because her authorization is only for 90 days. "Unrestricted" is only available after status adjustment has occured.

Edited April 14, 2008 by fwaguy

[Arrta 1]

I do not think either of you even read the documents I indicated.

From the first one

A nonimmigrant alien in K-1 alien status is authorized to work based on that status and is no longer required to show and employment authorization document (EAD) as proof of employment authorization

From the second one

The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

According to these documents K-1 visa holders do NOT need an EAD in order to get a SSN or work.

[payxibka 10,045]

Having just gone through the K-1 process, I think I have personal knowledge that a K-1 applicant WILL be issued a "restricted" card...

I don't think anyone will argue that a K-1 is entitled to a SSN without the I-94 "stamp".

Edited April 14, 2008 by fwaguy

[YuAndDan 153]

The first on is instructing SSA to consider K-1 to be work auth with or without the EAD stamp, so that the K-1 can get a SSN. K-1 is considered work auth only for the first 90 days after entry, while the I-94 is still valid, after that they WILL need EAD or Green-card to be considered work authorized.

The second one is just repeating the same, they are telling SSA that the class of visas indicated in the list may or may not have EAD stamp, and to consider them to be work authorized, so that they can get an SSN.

This is a common topic that does come up often on the board.

[Meridien 0]

Either way, your fiancee should apply for EAD along with AOS. K-1 work authorization (if it exists...) would expire as soon as the visa does (after 90 days) - so as soon as your married you will want to apply for the EAD.

[I'm Gone 60]

I do not think either of you even read the documents I indicated.

I have and they are right. EM-00154 is so old and out of date. RM 00203.500 C1 is current SSA policy for issuing SSNs and that's all it covers.

[I'm Gone 60]

Either way, your fiancee should apply for EAD along with AOS. K-1 work authorization (if it exists...) would expire as soon as the visa does (after 90 days) - so as soon as your married you will want to apply for the EAD.

The K-1 status expires in 90 days, the visa is good for 6 months.

[I'm Gone 60]

This is a common topic that does come up often on the board.

Yes how many times has someone found that EM or POMS section and think they have discovered the Holy Grail. LOL

[I'm Gone 60]

Having just gone through the K-1 process, I think I have personal knowledge that a K-1 applicant WILL be issued a "restricted" card...

Having gone through the K-1 process and work today, I have so much knowledge it's almost dangerous. LOL Unless someone in the SSA office f*cks up, an individual with K-1 status should be issued a restricted SSN card.