Out With The Old In With The New

[Rebecca Jo 1,962]

Sigh. Are you even reading my posts? I GET that! I understand that SSA is only issuing numbers because of the visa classification itself! The pdf made that perfectly clear, and I CAN in fact READ!

What I want to know, and what the marriage-theory is an attempted explanation of, is WHY the visa classification itself allows for SSNs in the first place!!!! It doesn't have to, and there doesn't appear to be any particular reason for it to, but the SSA has gone WAY out of their way to make it possible, so WHY? Don't tell me I'm confused. Tell me why K-1 entrants need SSNs during the I-94 period of validity in the first place!

Is this thing even on?

The visa classification does not allow for SS numbers.

The fact that the classification is work authorized means the SS admin must issue them a number to work.

The old twaddle about needing a SS number to get married is mostly just that - twaddle. In most cases a body which issues a marriage license waives that requirement and it is not just because of 'foreigners'. There are religious sects in the US whose members never obtain SS numbers and they still manage to marry in counties where a SS number is supposedly a requirement.

BTW the information posted to you was provided publicly by a Vj member who happens to work for the SS Administration. In fact, the link was provided to you in another thread where he answered YOU personally, but you never went back to read that thread.

Edited June 9, 2010 by JohnnyQuest

[Yuriy 0]

Regardless of the why, there seems to be a contradiction:

"K-1 entrants can NOT work until they have a green card or EAD in their hand."

and

"DHS regulations authorize K-1 visa holders to work based

on their visa status,"

a statement in the OIG report.

Can you explain?

[I'm Gone 60]

Is this thing even on?

Attention K Mart shoppers

K-1s can applied for an EAD card under category A6 and since the K-1 status is only good for 80 days, it's wasn't doing any good that INS was sending them out after the 80 day period was up. So INS told SSA that the I-94 was good enough to establish work authorization and SSA issued EM-00154 and from that point on the I-94 was all a K-1 needed to establish work authorization to be assigned an SSN.

Now why INS just didn't say too bad, you have to wait until you get an EAD card or green card who knows

Why can an L-2, E-1, E-2, K-3 and J-2 spouse work in the U.S., but a F-2 or H-4 spouse can't

Why can an L-2, E1 and E-2 spouse show the I-94 and marriage certificate to be assigned an SSN, but a J-2 or K-3 spouse has to provide an EAD card.

It's just the way Congress writes the freaking laws and agencies write the regulations to implement the laws.

[NigeriaorBust 4,087]

The social security people are in charge of issuing a unique number to every eligible person for the purpose of tracking their earnings. However that number has become the primary way of uniquely identifying residents in the US. Many official functions depend on a person having this number. The social security people have NO right to say if you can or can't work when you arrive here. That is the duty of department of homeland security. The two departments have made a deal that the social security department can issue numbers to K1 visa holders under their work authorized visa rules ( rather than write 10000 pages of new rules ) However those cards are always annotated with : NOT VALID FOR WORK WITHOUT DHS AUTHORIZATION because DHS is still in charge of deciding you have permission to work. Should you want to spend the money to file for and EAD while you are still on a K1 status you might get it before it lapses on the day your I 94 expires. The DHS will gladly take your money and give you the authorization ( which isn't good without a SSN ) but there is probably no way you will make the money to cover the fees before the EAD expires.

[Yuriy 0]

I understand what an SSN is and who issues it. That is not the question.

The question stems from the fact that according to the official document, cited in the post #1 above, K1s fall under "Aliens Work Authorized Without Specific DHS Authorization." That suggests an EAD for them is unnecessary, ie: all K1s are authorized to work without an EAD by virtue of being a K1. But I think I am missing something here, perhaps somebody can explain what?

BTW, it costs no money to file an EAD simultaneously or after filing an i-485. Also, generally speaking the EAD you get as an adjustment applicant is valid for one year which should give you enough time to get the money to cover the non-existent fee.

[NigeriaorBust 4,087]

I understand what an SSN is and who issues it. That is not the question.

The question stems from the fact that according to the official document, cited in the post #1 above, K1s fall under "Aliens Work Authorized Without Specific DHS Authorization." That suggests an EAD for them is unnecessary, ie: all K1s are authorized to work without an EAD by virtue of being a K1. But I think I am missing something here, perhaps somebody can explain what?

BTW, it costs no money to file an EAD simultaneously or after filing an i-485. Also, generally speaking the EAD you get as an adjustment applicant is valid for one year which should give you enough time to get the money to cover the non-existent fee.

Once again the social security administration can write any words it wants in its documents , they have no bearing on authorization to work. DHS is the only branch of the government that has the authority to authorize work and they say a K1 holder needs an EAD. If you apply for one while still K1 and not part of AOS it will cost you the normal fee and will expire with the K1 at the 90th day in the US , The EAD takes about 2 months to approve and another 2 weeks to produce / mail so for 485 you can work for 2 weeks assuming you file on day 1. If you get married and file for AOS then you can get a EAD after about 2 months + 2 weeks that is good for a year as part of getting your greencard that is good for 2 years. That EAD is based on your future status as a green card holder not your K1. When you receive your SSN it will boldly say the you need DHS authorization to work and when a prospective employer tries to validate you in the E VERIFY system you will not be there as authorized to work. If you do find an employer that hires you without verification you are guilty of unauthorized work in the US which can cause issues later.

[Yuriy 0]

Once again the social security administration can write any words it wants in its documents , they have no bearing on authorization to work.

That is not quite the case, they simply can not authorize you to work. They can not write "You are allowed to hit pedestrians while driving," but this document they are issuing seems to be pretty much an equivalent of that, albeit for a lesser crime: working without DHS authorization.