Question 3 on SS-5

[sorin 0]

Hi All,

My fiance is here now and we are looking at the next steps to get married. We are filling the SS-5 and where wondering how a K1 fiance should put for the citizenship question.

Legal Alien allowed to work

Legal Alien not allowed to work

I believe it is the allowed one, but the wording in the guide is confusing me.

Thanks again!

[happywifeymom 4]

Hi All,

My fiance is here now and we are looking at the next steps to get married. We are filling the SS-5 and where wondering how a K1 fiance should put for the citizenship question.

Legal Alien allowed to work

Legal Alien not allowed to work

I believe it is the allowed one, but the wording in the guide is confusing me.

Thanks again!

Correct me if am wrong ppl..if she is here on a K1 visa then she is considered an Alien not allowed to work till she gets her green card.

[sorin 0]

Okay now I am really confused.

I read this on the social security website.

"The K-1 symbol indicates you are the fiancé of a U.S. citizen. As such, you are eligible for a Social Security number and for employment"

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf...amp;p_topview=1

Would that mean she is a Legal Alien allowed to work? I am printing this out to take with me when I go in 30 minutes...

[happywifeymom 4]

Okay now I am really confused.

I read this on the social security website.

"The K-1 symbol indicates you are the fiancé of a U.S. citizen. As such, you are eligible for a Social Security number and for employment"

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf...amp;p_topview=1

Would that mean she is a Legal Alien allowed to work? I am printing this out to take with me when I go in 30 minutes...

I hope somebody can help you.I came here on a K1 visa and when I applied for my SSn my card was stamped only authorize with a DHS authorization that means not legally allowed to work yet till i get my Green card or an EAD/work permit.

[Otto 83]

Legal Alien allowed to work

[happywifeymom 4]

Legal Alien allowed to work

Hello KArin,

Thanks for correcting me..just was curious why Legal Alien allowed to work ? when there is no EAD or AOS yet?

[Ed+Cindy 1]

Hi All,

My fiance is here now and we are looking at the next steps to get married. We are filling the SS-5 and where wondering how a K1 fiance should put for the citizenship question.

Legal Alien allowed to work

Legal Alien not allowed to work

I believe it is the allowed one, but the wording in the guide is confusing me.

Thanks again!

SS info is in one of the guides above related to either K-1 or AOS.

But yes, its legal alien allowed to work.

We just went to the SS office today.

[I'm Gone 60]

RM 00202.115 Form SS-5 Item 3 — Citizenship

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100202115

B. Procedure - Answer To Item 3

2. Legal Alien Allowed to Work

The applicant should check this block if he/she alleges to be a lawfully admitted alien with work authorization.

RM 00203.500 Employment Authorization for Nonimmigrants

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

C. Policy - Employment Authorization by Class of Admission

The following policy applies to employment authorization by class of admission:

1. Aliens Work Authorized Without Specific DHS Authorization

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.

K-1 -- Fiancé(e) of U.S. citizen

[JeremyR 8]

just was curious why Legal Alien allowed to work ? when there is no EAD or AOS yet?

Because:

1) There are some states that still require both parties have a SSN before a marriage license can be issued (TN, I think?). Hence a K-1 must be able to get a SSN.

2) If you tick "Legal alien not allowed to work", that normally excludes you from receiving an SSN unless you need it for certain government benefits and have documentary proof of such.

Hence K-1's are work authorised for the validity of the I-94. It's not so they can get a number and start working, it's so they can easily get a number and marry within the requirements of their admission regardless of where in the US they live.

[I'm Gone 60]

just was curious why Legal Alien allowed to work ? when there is no EAD or AOS yet?

Because:

1) There are some states that still require both parties have a SSN before a marriage license can be issued (TN, I think?). Hence a K-1 must be able to get a SSN.

2) If you tick "Legal alien not allowed to work", that normally excludes you from receiving an SSN unless you need it for certain government benefits and have documentary proof of such.

Wrong This explains why

http://www.ssa.gov/oig/ADOBEPDF/A-08-07-17044.pdf

The Agency established its policy based on the Immigration and Naturalization Service’s, now DHS, guidance in 1998. At that time, DHS could not always process and issue an EAD to K-1 visa holders before their 90-day stay in the United States expired. DHS sent a memorandum to SSA clarifying which evidentiary documents established K-1 visa holders’ work authorization.

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INS couldn't get the EAD cards under the A6 category out to people before their K-1 status expired making the EAD cards worthless, so SSA made an exception to allow K-1s to apply with just the I-94.