Employment Authorisation (I-765)

[Steve and Amara 0]

HI All,

We have been reading through the instruction manual (haha) for the Employment Authorisation I-765.

We have a few questions; we've look through the VJ guides/forums, though unless we've missed it, we cant seem to find what we are after.

So, here it is:

I am a K1, I'll be entering the US; I'll wait 2 weeks then applying for my SSN (in my maiden name). After we have married on JUNE 6th we'll apply for an updated SSN with my married name on it.

We are looking at the Employment Authorisation Instrutions which state that

• If we file the EAD BEFORE we get married as K-1 Non Immigrant Fiancee of a US Citizen (a) (6) there will be a fee of $340.00 as its an initial card.

We have heard/read that if we wait and file for the EAD along with our AOS as a (C ) (9) (after we are married) there will be no fee as its included as part of the AOS fee.

Is this true, because the EAD instructions suggest otherwise?

• The EAD Instructions state that there is only a waiver of the $340.00 payment if you are are a AOS (C ) (9) who is RENEWING their EAD.

By reading through all of this, am I correct in thinking the following:

A) I must file for my EAD before I'm married (around the same time as my SNN) and there will be a fee of $340.00.

B ) I will send in for a renewal card when applying for AOS; and there will be no fee.

C) There is no way of avoiding the initial $340.00 fee.

Thanks guys! Not long now until we are getting married, we are very excited

Cheers,

Amara & Steve

Edited May 10, 2009 by Steve and Amara

[Gary and Alla 3,694]

HI All,

We have been reading through the instruction manual (haha) for the Employment Authorisation I-765.

We have a few questions; we've look through the VJ guides/forums, though unless we've missed it, we cant seem to find what we are after.

So, here it is:

I am a K1, I'll be entering the US; I'll wait 2 weeks then applying for my SSN (in my maiden name). After we have married on JUNE 6th we'll apply for an updated SSN with my married name on it.

We are looking at the Employment Authorisation Instrutions which state that

• If we file the EAD BEFORE we get married as K-1 Non Immigrant Fiancee of a US Citizen (a) (6) there will be a fee of $340.00 as its an initial card.

We have heard/read that if we wait and file for the EAD along with our AOS as a (C ) (9) (after we are married) there will be no fee as its included as part of the AOS fee.

Is this true, because the EAD instructions suggest otherwise?

• The EAD Instructions state that there is only a waiver of the $340.00 payment if you are are a AOS (C ) (9) who is RENEWING their EAD.

By reading through all of this, am I correct in thinking the following:

A) I must file for my EAD before I'm married (around the same time as my SNN) and there will be a fee of $340.00.

B ) I will send in for a renewal card when applying for AOS; and there will be no fee.

C) There is no way of avoiding the initial $340.00 fee.

Thanks guys! Not long now until we are getting married, we are very excited

Cheers,

Amara & Steve

A) Incorrect. You can wait until you file the AOS and pay no fee

B) Incorrect. File with the AOS and you will not have to renew it

C) Incorrect. File with the AOS and there is no additional fee

The EAD is a singularly useless document for the K-1 visa. If you file immediately and pay the $340 (which DHS will gladly accept) the EAD will be 2-3 months in coming and will expire with your I-94 (90 days) and have to be "re-newed" with your AOS which will take 2-6 months during which time you cannot work. The EAD is much more useful for the K-3 visa which allows 2 years to adjust status. You will be wasting $340 to file before the AOS. You would get an EAD just before the I-94 expires, have to find a job and then quit the job a few days after starting...and that's the BEST case scenario!

The SSN can be applied for immediately, the next business day after you arrive. If you want to wait two weeks, go ahead and wait. My wife (K-1) had her SS card in hand 6 days after arriving. Do not try to change your maiden name on the card until you have your green card (or EAD). There is no rush to change your name, it doesn't matter. The SSN remains the same for life. Anything else on the card is irrelevent.

So....

1) Arrive and apply for the SSN

2) Get married (OR you can get married and then apply for the SSN in MAIDEN NAME, either way)

3) Apply for AOS and EAD together (you may get the EAD first and be able to work before the green card comes or they may come about the same time as they did for us, see my timeline)

4) Change name on the SS card sometime after you receive the green card.

Trying to change the name on the SS card before having the green card in your married name will just result in frustration and delay for all parties.

[Steve and Amara 0]

Hi Garry and Alla, thanks for the information. Its great to get clear cut simple answers. Thank you.

I guess what is frustrating in this whole process is the somewhat differing stories people have; the information on the DHS websites is often different to the reality of what peoples experiences are.

I am interested though that you said that I could file for my SSN straight away. The VJ Forums and many peoples experiences have lead us to believe that we had to wait a few weeks for our arrival information to be updated on the DHS end. Direct quote VJ guide "you should also not file for a SSN too soon either.

You should wait 2 weeks after you arrived in the US before applying for a SSN. If you go too soon your

record of arrival will not be in the SAVE-ASVI system yet, and it will require manual verification from the

USCIS. As this will add weeks to the period it takes to process the SSN, it is advisable to attempt to wait the two weeks to be safe. If you have waited the 2 weeks and they tell you they can not verify you arrival record via the SAVE database, you may allow them to to process it (but remember the potential delay for manual verifications). You can ask if they will check the computer again for you in a few days or return personally to have them look again -- thus eliminating the manual verification. The manual verification will require the SSA office to file a G-845 with the USCIS".

I am interested to hear what others peoples experiences have been like when applying for a SSN.

Cheers.

Amara & Steve

[Gary and Alla 3,694]

Hi Garry and Alla, thanks for the information. Its great to get clear cut simple answers. Thank you.

I guess what is frustrating in this whole process is the somewhat differing stories people have; the information on the DHS websites is often different to the reality of what peoples experiences are.

I am interested though that you said that I could file for my SSN straight away. The VJ Forums and many peoples experiences have lead us to believe that we had to wait a few weeks for our arrival information to be updated on the DHS end. Direct quote VJ guide "you should also not file for a SSN too soon either.

You should wait 2 weeks after you arrived in the US before applying for a SSN. If you go too soon your

record of arrival will not be in the SAVE-ASVI system yet, and it will require manual verification from the

USCIS. As this will add weeks to the period it takes to process the SSN, it is advisable to attempt to wait the two weeks to be safe. If you have waited the 2 weeks and they tell you they can not verify you arrival record via the SAVE database, you may allow them to to process it (but remember the potential delay for manual verifications). You can ask if they will check the computer again for you in a few days or return personally to have them look again -- thus eliminating the manual verification. The manual verification will require the SSA office to file a G-845 with the USCIS".

I am interested to hear what others peoples experiences have been like when applying for a SSN.

Cheers.

Amara & Steve

When you enter the USA your entry is entered into the DHS "SAVE" system. This registers your legal entry. I guess it is in case you made a fake I-94 and fake entry stamp when you have a valid visa...go figure. Anyway, this system is updated every night (or should be unless there is some sort of malfunction). The K-1 is eligible for an SSN when you step off the plane, but the SS office will check the SAVE system to verify you entered legally. This IS NOT the SS system, it is a cross referenced data base. As long as you are in that system, and you should be the next business day, you are good to go.

Some VJ members have run into untrained clerks at the SS office (if you can imagine such a thing) who, rather than ask a supervisor, decide to make new laws all on their own. If you receive any trouble at the SS office demand to see a supervisor that knows the procedures. We had no trouble applying when the office opened the morning after Alla's arrival. Some members report more problems at small offices. Maybe. They do not come much smaller than Burlington VT, but the clerk there knew exactly what to do.

Apply in your maiden name, exactly as on your passport. They will tell you you need two forms of government ID, you have them in your passport. Your passport is an ID issued by your country, the K-1 is a photo ID issued by the USA. You are good to go!

VJ guidelines tend to be very conservative and, if anything, err on the side of caution. I do not fault them for that. But it should not be necessary for a K-1 to wait two weeks for an SSN.

When you apply for the SSN, you can call the next business day and receive your number, the card will be a week or so in coming. But the number is all you will ever need. Do not worry about the name on the card or the fact it will say "valid for employment only with DHS authorization". ALL SS cards require further authorization, even for citizens. The SS card is NOT a work authorization for anyone. It is not valid ID, it is, basically useless. I lost my SS card in 1973, never replaced it and have never needed it. The number will soon be committed to memory and you are good to go for life. The card may be of use to survivors after you pass away, who knows?

[Hugglebuggles 60]

I can tell you of several different examples of Canadians crossing by land who did not have their name registered into the system for several weeks. Recently, there was an individual who went to their local SSN office 3 weeks after entering the US and their name was not yet registered into the system. This is a very common occurrence for Canadians, but I cannot speak to those entering from other countries or by plane. If your name is not yet in the system you can have them hold your application and manually verify your information, which will delay processing by a couple weeks... for some its 2 weeks, for some its 6, it depends on many variables.

[payxibka 10,045]

not a K-1 visa question moving to "Working and Traveling" forum

[JERIII 8]

there will be no fee as its included as part of the AOS fee.

Is this true, because the EAD instructions suggest otherwise?

• The EAD Instructions state that there is only a waiver of the $340.00 payment if you are are a AOS (C ) (9) who is RENEWING their EAD.

Amara & Steve

As others have said, there is no fee, you seem to have missed this in the instructions:

NOTE: If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, as of July 30, 2007, nofee is required to also file a request for employment authorization on Form I-765.

You may file the I-765 concurrently with your I-485

, or you may submit the I-765 at alater date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receiptas evidence of the filing of an I-485 as of July 30, 2007.

[Old Dominion 26]

In general, having a SSN is of no special value as it does not allow you to work or provide any benefits. It is not even a good ID. After you marry, apply for AOS and the EAD (when doing so, no separate EAD fee is required), wait the 90 days to get the EAD and then get your SSN in your married name.

[Steve and Amara 0]

Hi Garry and Alla, thanks for the information. Its great to get clear cut simple answers. Thank you.

I guess what is frustrating in this whole process is the somewhat differing stories people have; the information on the DHS websites is often different to the reality of what peoples experiences are.

I am interested though that you said that I could file for my SSN straight away. The VJ Forums and many peoples experiences have lead us to believe that we had to wait a few weeks for our arrival information to be updated on the DHS end. Direct quote VJ guide "you should also not file for a SSN too soon either.

You should wait 2 weeks after you arrived in the US before applying for a SSN. If you go too soon your

record of arrival will not be in the SAVE-ASVI system yet, and it will require manual verification from the

USCIS. As this will add weeks to the period it takes to process the SSN, it is advisable to attempt to wait the two weeks to be safe. If you have waited the 2 weeks and they tell you they can not verify you arrival record via the SAVE database, you may allow them to to process it (but remember the potential delay for manual verifications). You can ask if they will check the computer again for you in a few days or return personally to have them look again -- thus eliminating the manual verification. The manual verification will require the SSA office to file a G-845 with the USCIS".

I am interested to hear what others peoples experiences have been like when applying for a SSN.

Cheers.

Amara & Steve

When you enter the USA your entry is entered into the DHS "SAVE" system. This registers your legal entry. I guess it is in case you made a fake I-94 and fake entry stamp when you have a valid visa...go figure. Anyway, this system is updated every night (or should be unless there is some sort of malfunction). The K-1 is eligible for an SSN when you step off the plane, but the SS office will check the SAVE system to verify you entered legally. This IS NOT the SS system, it is a cross referenced data base. As long as you are in that system, and you should be the next business day, you are good to go.

Some VJ members have run into untrained clerks at the SS office (if you can imagine such a thing) who, rather than ask a supervisor, decide to make new laws all on their own. If you receive any trouble at the SS office demand to see a supervisor that knows the procedures. We had no trouble applying when the office opened the morning after Alla's arrival. Some members report more problems at small offices. Maybe. They do not come much smaller than Burlington VT, but the clerk there knew exactly what to do.

Apply in your maiden name, exactly as on your passport. They will tell you you need two forms of government ID, you have them in your passport. Your passport is an ID issued by your country, the K-1 is a photo ID issued by the USA. You are good to go!

VJ guidelines tend to be very conservative and, if anything, err on the side of caution. I do not fault them for that. But it should not be necessary for a K-1 to wait two weeks for an SSN.

When you apply for the SSN, you can call the next business day and receive your number, the card will be a week or so in coming. But the number is all you will ever need. Do not worry about the name on the card or the fact it will say "valid for employment only with DHS authorization". ALL SS cards require further authorization, even for citizens. The SS card is NOT a work authorization for anyone. It is not valid ID, it is, basically useless. I lost my SS card in 1973, never replaced it and have never needed it. The number will soon be committed to memory and you are good to go for life. The card may be of use to survivors after you pass away, who knows?

Thanks Gary and Alla! The information you provided was very much appreciated.

Cheers, Amara & Steve

[joshuabrown 0]

Great posting, guys. This seemed such an optimistic post. My (now) wife arrived in Washington Dulles a month ago from Luxembourg via Ireland and when she went to the social security office today to apply for her SSN, she wasn't in the system! So, now the SS office is going to send some paperwork to the DHS but they said it would add a few extra months to the whole procedure.

I don't really know what to do because everything I've read said she would be in the computer system by now. I was reading somewhere on the SS web page and I read that they will query the computer system weekly and send off the SS if my wife's entry is logged but I'm worried now that her entry was lost or something.

I was just wondering if anybody else had gone through the same situation or has any solutions?

Thanks for any help. Take care!

Josh.