fiancee visa - already has a SSN

[geopete77 0]

My fiancee arrived in the states two weeks ago, and was unable to get the work stamp through LAX. Therefore she is waiting around until we get married, and then she will work.

She has been to America many times as a student working for the summer. She was issued a Social Security Number - on the card is written "FOR WORK USE ONLY."

Does anybody know if she can work because she has this card, even though she didnt get the work permit stamp whilst passing through immigration?

it seems that after you are married you have the gov't issue your fiance(e) a SSN, then file the paperwork to be allowed to work.

any info on this topic is greatly appreciated.

Thanks for all the help in the past!!!!!!!

-Peter

[YuAndDan 153]

Having the number already saves you from having to apply for one, it is a valid number.

However, employers are required to confirm work authorization and will need to see EAD, Green-card or proof of US citizenship when they see a SSN card with a disclaimer like that.

See form I-9 http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

K-1 Can work with EAD, most employers will not hire a person unless they provide proof of work authorization, that is EAD stamp or card.

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.

[Otto 83]

Does anybody know if she can work because she has this card, even though she didnt get the work permit stamp whilst passing through immigration?[/u]

As stated above, the answer is no, not without EAD (or Green Card, whichever comes first).

[Gary and Alla 3,694]

Having the number already saves you from having to apply for one, it is a valid number.

However, employers are required to confirm work authorization and will need to see EAD, Green-card or proof of US citizenship when they see a SSN card with a disclaimer like that.

See form I-9 http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

K-1 Can work with EAD, most employers will not hire a person unless they provide proof of work authorization, that is EAD stamp or card.

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.

Not related really, but the Supreme court this year decided that states CANNOT deny marriage licenses based on immigration status. They determined, correctly, that since marriage has no direct affect on immigration status, it does not matter if someone is a citizen, resident, visitor, etc. Their status does not change when they get married. States CAN require that the persons getting married be in the states LEGALLY but this can be as simple as an EU citizen coming here without a visa as a visitor and getting married. If an EU citizen shows an entry stamp within 90 days on their passport, they are legally in the USA. If it were true an SSN was required, it would kind of put a damper on the whole K-1 process, although the K-1 beneficiary CAN get an SSN, many do not right away.

I would think we may hear something in the case of drivers licenses soon. I have checked with my state (Vermont) and my fiancee/wife can get a license with her K-1 visa and/or AOS filing receipt, in other words, with proof she is here legally!

[olafgypsy 0]

Hey; I just wanted to shed some light on this, as I've been doing some research. My fiance is due to enter the USA in two weeks' time, so I researched employment eligibility. The most helpful source of information is the _Handbook for Employers_: Instructions for Completing the Form I-9 (employment eligibility form). It is available on the USCIS website at http://www.uscis.gov/files/nativedocuments/m-274.pdf.

On pg 31, Under "List A: Documents that Verify Both Identity and Employment Eligibility," USCIS lists BOTH "Unexpired foreign passport with a temporary I-551 stamp" AND "unexpired foreign passport with an unexpired Arrival-Departure record, form I-94, bearing the same name as the passport and containing an endorsement of the alien's non-immigrant status, if that status authorizes the alien to work for the employer."

This last bit is singularly unhelpful until you consult the SSA website's section for employers, "classifications that allow you to work," http://www.ssa.gov/immigration/visa.htm. This page does indeed list K-1 visa holders as authorized to work in the U.S.

Support for this authorization can be found in INS regulations at 8 CFR 274a.12(a)(6): http://edocket.access.gpo.gov/cfr_2005/jan...8cfr274a.12.pdf.

So it appears a K-1 fiance does NOT need the EAD stamp to work legally. The stamp is simply an extraneous (unnecessary) verification of a privilege K-1 visa holders already have, for 90 days after they enter the U.S, AFTER they obtain a valid social security number. However, once the visa holder's K-1 status expires (i.e, after 90 days) they are no longer authorized to work in the U.S. unless they have obtained another EAD from USCIS using that form, I-775(?)

The SSA cannot require any documentation from the K-1 visa holder other than their valid i-94 for issuance of SS#.

However, the SSA is very unhappy with this situation, as it appears to have resulted in SS# fraud by K-1 visa holders who enter the U.S. on the K-1, do NOT marry the USC petitioner, and then continue to work beyond the 90-day expiration. The SSA would like to put in place controls that enable them to withhold the social security number from the K-1 visa holder until the couple provide documentation of legal marriage: http://www.ssa.gov/oig/ADOBEPDF/audittxt/A-08-07-17044.htm.

If various SS offices have been inconsistent about their issuance of SS#'s to K-1 visa holders, it is probably because there is currently some controversy and haziness concerning this issue in the SSA.

[payxibka 10,045]

difference between eligibility to apply for a SSN and work authorization... If a K-1 did not need work authorization (stamp or card) then why does the I-765 have a option for a K-1 to apply under A 6?

[RaTBoX 1]

Hey; I just wanted to shed some light on this, as I've been doing some research. My fiance is due to enter the USA in two weeks' time, so I researched employment eligibility. The most helpful source of information is the _Handbook for Employers_: Instructions for Completing the Form I-9 (employment eligibility form). It is available on the USCIS website at http://www.uscis.gov/files/nativedocuments/m-274.pdf.

On pg 31, Under "List A: Documents that Verify Both Identity and Employment Eligibility," USCIS lists BOTH "Unexpired foreign passport with a temporary I-551 stamp" AND "unexpired foreign passport with an unexpired Arrival-Departure record, form I-94, bearing the same name as the passport and containing an endorsement of the alien's non-immigrant status, if that status authorizes the alien to work for the employer."

This last bit is singularly unhelpful until you consult the SSA website's section for employers, "classifications that allow you to work," http://www.ssa.gov/immigration/visa.htm. This page does indeed list K-1 visa holders as authorized to work in the U.S.

Support for this authorization can be found in INS regulations at 8 CFR 274a.12(a)(6): http://edocket.access.gpo.gov/cfr_2005/jan...8cfr274a.12.pdf.

So it appears a K-1 fiance does NOT need the EAD stamp to work legally. The stamp is simply an extraneous (unnecessary) verification of a privilege K-1 visa holders already have, for 90 days after they enter the U.S, AFTER they obtain a valid social security number. However, once the visa holder's K-1 status expires (i.e, after 90 days) they are no longer authorized to work in the U.S. unless they have obtained another EAD from USCIS using that form, I-775(?)

The SSA cannot require any documentation from the K-1 visa holder other than their valid i-94 for issuance of SS#.

However, the SSA is very unhappy with this situation, as it appears to have resulted in SS# fraud by K-1 visa holders who enter the U.S. on the K-1, do NOT marry the USC petitioner, and then continue to work beyond the 90-day expiration. The SSA would like to put in place controls that enable them to withhold the social security number from the K-1 visa holder until the couple provide documentation of legal marriage: http://www.ssa.gov/oig/ADOBEPDF/audittxt/A-08-07-17044.htm.

If various SS offices have been inconsistent about their issuance of SS#'s to K-1 visa holders, it is probably because there is currently some controversy and haziness concerning this issue in the SSA.

Did you even read 8 CFR §274a.[12].[a]?

"Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization."

How you read that and came out with "So it appears a K-1 fiance does NOT need the EAD stamp to work legally." I just can't work out.

A K1 holder is under the definition of §274a.[12].[a].[6]. Yes they are authorized to work, but to have a job they have to have documentary proof of this. Simply having an unexpired I-94 is only proof of status, not proof of employment authorization. Your employment authorization will either come from a category [a][6] EAD card or an unexpired I-94 with a temporary EAD stamp on it.

Also, the SSA has nothing to do with you being work authorized, they don't control work authorization, approve it or deny it. What they do is internal from USCIS and in no way impacts or dictates any permission to work.

You haven't found the magical answer to the K1/EAD/SSN debate.

[olafgypsy 0]

It is not just having the I-94 that is evidence of authorization: it is having the unexpired I-94 WITH a K1 visa that is evidence of authorization. This is why many POE's have stopped giving out the EAD stamp to K1s and have told people that "it's not necessary, you are already have proof of work authorization." It is true that having a valid I-94 by itself is not evidence of work authorization -- it has to be an I-94 with a certain type of visa.

Hey; I just wanted to shed some light on this, as I've been doing some research. My fiance is due to enter the USA in two weeks' time, so I researched employment eligibility. The most helpful source of information is the _Handbook for Employers_: Instructions for Completing the Form I-9 (employment eligibility form). It is available on the USCIS website at http://www.uscis.gov/files/nativedocuments/m-274.pdf.

On pg 31, Under "List A: Documents that Verify Both Identity and Employment Eligibility," USCIS lists BOTH "Unexpired foreign passport with a temporary I-551 stamp" AND "unexpired foreign passport with an unexpired Arrival-Departure record, form I-94, bearing the same name as the passport and containing an endorsement of the alien's non-immigrant status, if that status authorizes the alien to work for the employer."

This last bit is singularly unhelpful until you consult the SSA website's section for employers, "classifications that allow you to work," http://www.ssa.gov/immigration/visa.htm. This page does indeed list K-1 visa holders as authorized to work in the U.S.

Support for this authorization can be found in INS regulations at 8 CFR 274a.12(a)(6): http://edocket.access.gpo.gov/cfr_2005/jan...8cfr274a.12.pdf.

So it appears a K-1 fiance does NOT need the EAD stamp to work legally. The stamp is simply an extraneous (unnecessary) verification of a privilege K-1 visa holders already have, for 90 days after they enter the U.S, AFTER they obtain a valid social security number. However, once the visa holder's K-1 status expires (i.e, after 90 days) they are no longer authorized to work in the U.S. unless they have obtained another EAD from USCIS using that form, I-775(?)

The SSA cannot require any documentation from the K-1 visa holder other than their valid i-94 for issuance of SS#.

However, the SSA is very unhappy with this situation, as it appears to have resulted in SS# fraud by K-1 visa holders who enter the U.S. on the K-1, do NOT marry the USC petitioner, and then continue to work beyond the 90-day expiration. The SSA would like to put in place controls that enable them to withhold the social security number from the K-1 visa holder until the couple provide documentation of legal marriage: http://www.ssa.gov/oig/ADOBEPDF/audittxt/A-08-07-17044.htm.

If various SS offices have been inconsistent about their issuance of SS#'s to K-1 visa holders, it is probably because there is currently some controversy and haziness concerning this issue in the SSA.

Did you even read 8 CFR §274a.[12].[a]?

"Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization."

How you read that and came out with "So it appears a K-1 fiance does NOT need the EAD stamp to work legally." I just can't work out.

A K1 holder is under the definition of §274a.[12].[a].[6]. Yes they are authorized to work, but to have a job they have to have documentary proof of this. Simply having an unexpired I-94 is only proof of status, not proof of employment authorization. Your employment authorization will either come from a category [a][6] EAD card or an unexpired I-94 with a temporary EAD stamp on it.

Also, the SSA has nothing to do with you being work authorized, they don't control work authorization, approve it or deny it. What they do is internal from USCIS and in no way impacts or dictates any permission to work.

You haven't found the magical answer to the K1/EAD/SSN debate.

[I'm Gone 60]

Not related really, but the Supreme court this year decided that states CANNOT deny marriage licenses based on immigration status. They determined, correctly, that since marriage has no direct affect on immigration status, it does not matter if someone is a citizen, resident, visitor, etc. Their status does not change when they get married. States CAN require that the persons getting married be in the states LEGALLY but this can be as simple as an EU citizen coming here without a visa as a visitor and getting married. If an EU citizen shows an entry stamp within 90 days on their passport, they are legally in the USA. If it were true an SSN was required, it would kind of put a damper on the whole K-1 process, although the K-1 beneficiary CAN get an SSN, many do not right away.

I would think we may hear something in the case of drivers licenses soon. I have checked with my state (Vermont) and my fiancee/wife can get a license with her K-1 visa and/or AOS filing receipt, in other words, with proof she is here legally!

Well the way around that would to require the person have an SSN and SSA will not assign an SSN just to be issued a marriage or driver's license.

[RaTBoX 1]

It is true that having a valid I-94 by itself is not evidence of work authorization -- it has to be an I-94 with a certain type of visa.

Unless stamped with anything else (such as an "EMPLOYMENT AUTHORIZED" stamp) an I-94 is nothing more than proof of the status you entered into the US with, the duration of that status and the date you arrived.

An I-94 with a K1 visa is just that, an I-94 and a K1 visa. 8 CFR §27a.12.[a] is quite clear on what an K1 holder needs to work; a work authorization document. This is going to be in the form of a valid work visa (a K1 isn't), an I-551 card or stamp aka green card (K1 won't have that), one of the different employment authorization cards endorsed with a category matching the holder's status (K1 will only have this if they applied for an [a][6] category EAD) or an I-94 endorsed with an employment authorization stamp.

An I-94 and a K1 visa is not proof of work authorization UNLESS that I-94 has a work authorization stamp on it.