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Filed: Citizen (apr) Country: Russia
Timeline
Posted
I recommend reading the 2 links shown below. They may only confuse you but there are links there to all the regs and info you could ever use. The long and short of it is that a K1, with proper documentation in their passport, can apply for and receive a SS card. The card will be restricted to work authorized by DHS but this is automatic per the K1 visa. All this information is stored in a computer program called S.A.V.E. and the SS guys will know exactly what this is. It is not a trouble free process and you will discover this as you proceed down the immigration path. We all have gone through this. Just grin an bear it <_<

Link #1

Link #2

This is to say that an EAD is still required as proof of work authorization. Link

Calling an illegal alien an "undocumented immigrant" is like calling a drug dealer an "unlicensedregistered pharmacist". (because somebody gives a damn)

Russia-USA.png

Together at last!!!

Entry 4/8/08

Marriage 6/7/08

LAISSEZ LES BONS TEMPS ROULER!!

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Thanks everyone for info on this, was wondering if anyone was able to clarify something for me...

I arrived on October 25th on the K-1 visa. I do not seem to have an emplyment authoristion stamp in my passport.

Today I went to my local SSA office to apply for a new card (I already have a number from a previous visa). First I was told that I would be eligable to work straight away, she just needed to process my information. Then however, she said there was a problem verifying my info and I would have to wait 30 days for DHS to verify it for me. Then she said, I would be able to work straight away.

But this is different from what I had previously thought. I do not have an EAD and do not intend to apply for one until I apply for AOS on January 1st after I get married.

So, If I finally get a new Social Security Card, will I be able to legally work?

Any ideas much appreciated!

OUR TIMELINE:

Engaged: 6th June 2007

I-129F Sent : 13th December 2007

I-129F NOA1 : 17th December 2007

I-129F NOA2 : 11th March 2008

NVC Received : 17th March 2008

Packet 3 Received : 26th March 2008

Packet 3 Sent : 30th March 2008

Packet 4 Received : 7th April 2008

Medical Date: 24th April 2008

Interview Date : 6th May 2008

Visa Received : 7th May 2008

Entry to US: 25th October 2008 (Chicago, IL)

Wedding Date : 31st December 2008 (NYE!!!)

Filed: AOS (apr) Country: Philippines
Timeline
Posted

Hi,same situation here,we went to ssa office here and the lady told me i need to wait for my green card so i can apply ssn.I'ts crazy as we all know most vj members dont have any problem regarding this matter.Best of luck to you.

Posted
Hi,same situation here,we went to ssa office here and the lady told me i need to wait for my green card so i can apply ssn.I'ts crazy as we all know most vj members dont have any problem regarding this matter.Best of luck to you.

hi 'meetmehalfway'!! what state are u from??? try to check the link they gave me so u can read it and u know what? i print some information so if ever we go in the office here i can present it and enlighten them about it!!

good luck to US!!! :goofy: :goofy: :goofy:

(¯`'•.¸ K-1¸.•'´¯)

. 2007-08-01----- Petition Sent to USCIS

. 2007-08-22----- Receipt Date

. 2007-12-13----- NOA1 got from mail

. 2007-12-20----- APPROVED

. 2007-12-26----- Sent to USEM Manila

. 2008-01-15----- Embassy Received

. 2008-01-23----- Received Packet 4

. 2008-02-07----- Delbros Payment

. 2008-02-22----- 1st day of Medical (Early than my Appointment)

. 2008-02-25----- 2nd day of Medical (Delayed because of Weekend & Holidays)

. 2008-02-27----- Sputum Test (3 days, until Feb 29)

. 2008-03-18----- K1 Visa Payment

. 2008-08-27----- PRISM Counseling/Yellow Certificate given

. 2008-09-08----- Final Culture Result - NEGATIVE

. 2008-09-09----- RE-Medical

. 2008-09-11------Release (Vaccination)

. 2008-09-16----- USEM Interview - APPROVED (PINK SLIP)

. 2008-09-23----- VISA in hand

. 2008-09-25----- POE Detroit (DWT)

(¯`'•.¸ AOS ¸.•'´¯)

. 2008-11-11----- CIVIL WEDDING

. 2008-11-20----- SENT PAPERS FOR ADJUSTMENT OF STATUS[

. 2008-11-24----- PACKAGE DELIVERED

. 2008-12-05----- THEY CASHED OUR CHECK

. 2008-12-12----- RECEIVED NOA

. 2008-12-24----- BIOMETRICS APPOINTMENT

. 2009-01-20----- EAD APPROVED

. 2009-01-29----- EAD CARD RECEIVED

. 2009-03-06------SSN CARD RECEIVED

. 2009-06-11------INTERVIEW (GC)

. 2009-12-17------AOS Approved

. 2010-01-04------Green Card Received

Filed: Citizen (apr) Country: Russia
Timeline
Posted
Thanks everyone for info on this, was wondering if anyone was able to clarify something for me...

I arrived on October 25th on the K-1 visa. I do not seem to have an emplyment authoristion stamp in my passport.

Today I went to my local SSA office to apply for a new card (I already have a number from a previous visa). First I was told that I would be eligable to work straight away, she just needed to process my information. Then however, she said there was a problem verifying my info and I would have to wait 30 days for DHS to verify it for me. Then she said, I would be able to work straight away.

But this is different from what I had previously thought. I do not have an EAD and do not intend to apply for one until I apply for AOS on January 1st after I get married.

So, If I finally get a new Social Security Card, will I be able to legally work?

Any ideas much appreciated!

Having looked at the above mentioned forum I see that the concensus is that the K1 is a work authorized visa and no EAD is necessary. Many people experienced what we did and did not need to provide and EAD or EAD "stamp" at the SSA to obtain SSN.

Well that consensus is very different to the Code of Federal Regulations Section 8 (Aliens and Nationality), Part 274a (Control of Employment of Aliens), Section 12 (Classes of aliens authorized to accept employment) (the administrative law that the USCIS must follow)

(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. USCIS may, in its discretion, determine the validity period assigned to any document issued evidencing an alien's authorization to work in the United States. (Introductory text revised effective 10/17/07; 72 FR 53014 ) (Introductory text revised 7/30/04; 69 FR 45555 ) (Introductory text amended effective 3/4/02; 67 FR 4784 ) (Introductory text amended 9/7/01; 66 FR 46697 ) (Introductory text revised 8/14/01; 66 FR 42587 ) (Introductory text amended 6/1/01; 66 FR 29961)

(1) An alien who is a lawful permanent resident (with or without conditions pursuant to section 216 of the Act), as evidenced by Form I-551 issued by the Service. An expiration date on the Form I-551 reflects only that the card must be renewed, not that the bearer's work authorization has expired; (Final rule amending this paragraph on 9/20/93 at 58 FR 48775 did not become effective until 3/20/96; 60 FR 14353 )

(2) An alien admitted to the United States as a lawful temporary resident pursuant to section 245A or 210 of the Act, as evidenced by an employment authorization document issued by the Service;

(3) An alien admitted to the United States as a refugee pursuant to section 207 of the Act for the period of time in that status, as evidenced by an employment authorization document issued by the Service;

(4) An alien paroled into the United States as a refugee for the period of time in that status, as evidenced by an employment authorization document issued by the Service;

(5) An alien granted asylum under section 208 of the Act for the period of time in that status, as evidenced by an employment authorization document, issued by BCIS to the alien. An expiration date on the employment authorization document issued by BCIS reflects only that the document must be renewed, and not that the bearer's work authorization has expired. Evidence of employment authorization shall be granted in increments not exceeding 5 years for the period of time the alien remains in that status. (Revised 7/30/04; 69 FR 45555 )

(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service; (Revised 8/14/01; 66 FR 42587 )

Can't make it any more clear than that. You can get a SS card but unless you have specific authorization from DHS as noted on your SS card, working prior to an EAD or issuance of the infamous "stamp", poses the risk of violating the terms of your visa and immigration status.

Calling an illegal alien an "undocumented immigrant" is like calling a drug dealer an "unlicensedregistered pharmacist". (because somebody gives a damn)

Russia-USA.png

Together at last!!!

Entry 4/8/08

Marriage 6/7/08

LAISSEZ LES BONS TEMPS ROULER!!

Posted
Thanks everyone for info on this, was wondering if anyone was able to clarify something for me...

I arrived on October 25th on the K-1 visa. I do not seem to have an emplyment authoristion stamp in my passport.

Today I went to my local SSA office to apply for a new card (I already have a number from a previous visa). First I was told that I would be eligable to work straight away, she just needed to process my information. Then however, she said there was a problem verifying my info and I would have to wait 30 days for DHS to verify it for me. Then she said, I would be able to work straight away.

But this is different from what I had previously thought. I do not have an EAD and do not intend to apply for one until I apply for AOS on January 1st after I get married.

So, If I finally get a new Social Security Card, will I be able to legally work?

Any ideas much appreciated!

They have to find your entry into the US in their system (S.A.V.E. system). People suggest waiting 2 weeks after entry to make sure you're in the system. It was maybe just a little early when you went. So if they don't find you, they have to manually verify your information which takes 30 days. That's why it is suggested that you wait 2 weeks or if you go early and are not in the system, then say "never mind" and come back in a few more days. Otherwise you're stuck waiting on the manual verification.

No, you can not work until you get EAD. Your new SS card will be stamped in red that you can only work with DHS authorization. (Sorry can't quote exactly what it says on Nick's card because he's not here right now, but it does indicate that you have to show EAD along with the SS card to work.)

Hi,same situation here,we went to ssa office here and the lady told me i need to wait for my green card so i can apply ssn.I'ts crazy as we all know most vj members dont have any problem regarding this matter.Best of luck to you.

And for your case, your lady did not have the knowledge of the K1 visa which is a little different than their daily grind of cases. If you will look at Post #10 in this thread, it will give you a suggestion of how to get your card by showing them the documentation from the Social Security Administration. Be sure and take your passport and I-94, which I forgot to mention in that post.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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