I-765 EAD and SSN for K-1?

[AlexDang 0]

Hi! Have a question regarding K-1 fiance getting the ssn/work-authorization.

My wife entered as K-1 fiance visa on Jan 27th. We got married on Jan 29th. We picked up the marriage certificate one week after, and then my wife went to Social Security office and asked to apply for SSN, but then the clerk somehow told her that she must have the green card/permanent residency first. We filed the AOS application I-485 along with I-765(EAD) form on Feb 11th.

In any case, I just found out that my wife can actually just apply for SSN today according to http://www.visajourney.com/forums/index.ph...om&page=ssn "As a K-1 Visa Holder you are eligible to receive a SSN upon producing a valid I-94 (unexpired)"

My question is, what's the differences in applying for ssn as K-1 v.s getting the I-765 EAD approval? Is that as long as you have one of them that you can work? Should I just apply for the ssn now anyway which may take 2 weeks (may be faster the EAD)? Is I-765 just as another requirement for applying ssn in normal case, but K-1 doesn't have to use it?

Thanks.

[Danu 19]

Hi! Have a question regarding K-1 fiance getting the ssn/work-authorization.

My wife entered as K-1 fiance visa on Jan 27th. We got married on Jan 29th. We picked up the marriage certificate one week after, and then my wife went to Social Security office and asked to apply for SSN, but then the clerk somehow told her that she must have the green card/permanent residency first. We filed the AOS application I-485 along with I-765(EAD) form on Feb 11th.

In any case, I just found out that my wife can actually just apply for SSN today according to http://www.visajourney.com/forums/index.ph...om&page=ssn "As a K-1 Visa Holder you are eligible to receive a SSN upon producing a valid I-94 (unexpired)"

My question is, what's the differences in applying for ssn as K-1 v.s getting the I-765 EAD approval? Is that as long as you have one of them that you can work? Should I just apply for the ssn now anyway which may take 2 weeks (may be faster the EAD)? Is I-765 just as another requirement for applying ssn in normal case, but K-1 doesn't have to use it?

Thanks.

No, without her EAD she cant work even if she gets her SSN. She is able to get it but it will state "Not valid for work without DHS authorization" or something similar. She will have to have both to work legally.

Edited February 23, 2010 by Danu

[AlexDang 0]

No, without her EAD she cant work even if she gets her SSN. She is able to get it but it will state "Not valid for work without DHS authorization" or something similar. She will have to have both to work legally.

But according to https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500 that it said

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.

NOTE: Although aliens listed under a class of admission in RM 00203.500C.1. of this section are work authorized without specific DHS authorization, employers may still ask for an EAD before the alien can start working."

And K-1 was under that list. Does that mean it's up to the employer to decide?

Thanks.

[Danu 19]

But according to https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500 that it said

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.

NOTE: Although aliens listed under a class of admission in RM 00203.500C.1. of this section are work authorized without specific DHS authorization, employers may still ask for an EAD before the alien can start working."

And K-1 was under that list. Does that mean it's up to the employer to decide?

Thanks.

No, We can't work legally without an EAD. They use to give out stamps at the POE's which meant you didn't need the EAD to work, but they don't do that anymore. The employers can't hire us without an EAD. My SSN specifically says "Valid for work only with DHS Authorization".

I agree though that that site is confusing. Its basically saying we are able to get the SSN because we are legal to work but it looks like it hasn't been updated in awhile to DHS's rules, though the cards are given out under the rules of needing authorization.

Edited February 23, 2010 by Danu

[AlexDang 0]

Thanks for the reply.

So does that mean that she will get the ssn with that restriction terms, and once EAD is approved, that she has to go back to the social security office to have them remove that restriction (and issue a new card?)

[Danu 19]

Thanks for the reply.

So does that mean that she will get the ssn with that restriction terms, and once EAD is approved, that she has to go back to the social security office to have them remove that restriction (and issue a new card?)

As far as I've heard you can't get it removed until she gets the greencard, as the EAD is the authorization document, but once she gets the greencard she no longer needs the EAD to prove she is eligable to work.

Edited February 23, 2010 by Danu

[Darnell 8,479]

I'm hoping you understand the difference, by now, of having an SSN vs having an EAD.

But.

when she applies for an SSN, at an SSA office, bring the passport - apply in VISA name.

if you need more explanation , use the 'big search' here, with my name on the right box, then 'SAVE' in the left box. tick on 'posts' instead of 'topics'.

Also, to complete your search on 'working in USA' - get a current I-9 form - study it. You should be able to see WHERE yer lass isn't eligible, in the I-9 instructions. IMO - this is the 'sticker' - it was changed recently, as well.

Good Luck !

Edited February 23, 2010 by Darnell

[Darnell 8,479]

Hey Alex - any news?