Employment during K! period

[Doug & Bobbi 1]

I am now in the US and in full preperation for marriage. As I understood it I was required to apply for an EAD to begin working once I entered on my K1. I have applied for the EAD (I've received the NOA for this and just waiting it's processing now) and am going on monday (9th) to apply for my SSN. I have been reading the advice here regarding the SSN application process and I am a little confused.

The social security office says that an SSN can only be applied for if DHS authorisation (EAD) to work is present (except certain circumstances which do not apply to me). I understood that I was not eligble to work on a K1 visa untill my EAD had been authorised. However according to the following document listed at this site:

POM RM 00203.500

It says " The following sections lists nonimmigrants, by alien class of admission codes, who are authorised to work in the U.S. WITHOUT specific authorisation from DHS. The person's I-94 will NOT have the DHS employment authorisation stamp and the alien will generally NOT have an EAD."

In the list that follows, you will see K-1 - Fiance' of U.S. Citizen is clearly listed.

So I'm confused!

Can I or can I not work under My K1 without the EAD?

Will I have trouble applying for my SSN WITHOUT the EAD?

On the social security application form I have checked the ' Legal alien allowed to work' checkbox in the 'citizenship section; is this correct? Or should I check the 'not allowed to work' option?

Hope someone can help, because as if often the case with this whole process there seem to be conflicting details on what action to take and what you are, or are not, eligble for.

[I'm Gone 60]

An individual with K-1 status applying for a work authorized SSN must present evidence to establish his or her age, identity and current lawful employment authorized status.

An individual needs to provide at least two documents as evidence to establish age, identity and current lawful employment authorized status.

SSA will not assign an SSN or issue a card to an individual that is within 14 days of his or her alien status expiring. Until the 76th day after entry an individual with K-1 status only needs to provide an unexpired I-94 showing current K-1 status to establish employment authorized status for SSN purposes.

RM 00202.115 Form SS-5 Item 3 — Citizenship:

http://policy.ssa.gov/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.

Once, an individual with K-1 status has been in the United States 76 days he or she will need another document, i.e. I-551, I-688B or I-766 to establish employment authorized status for SSN purposes.

RM 00203.500 Employment Authorization for Nonimmigrants:

http://policy.ssa.gov/poms.nsf/lnx/0100203500#C1

RM 00203.410 Evidence of Alien Status for an SSN Card for an Alien Lawfully Admitted for Permanent Residence:

http://policy.ssa.gov/poms.nsf/lnx/0100203410

Suggest that individuals apply for a corrected SSN card to update the SSN record when there has been a name change due to marriage.

The applicant may submit either:

-- One legal name change document showing both the old and new names

(e.g., a court order for a name change or a marriage document). The

document must also show either (1) a description or photograph of

the person or (2) biographical information that can be compared with

the Numident data; or

-- When the name change document does not show either a photograph of

the person or biographical information that can be compared with the

Numident data, then, in addition to the name change document, the

applicant must also submit two acceptable identity documents. One

of the submitted identity documents must show the old name (the name

on the latest SSN record) AND the other submitted identity

document must show the new name (the name to be shown on the

corrected SSN card). The identity documents submitted must show

either a photograph of the applicant or provide biographical

information that can be compared with the Numident (SSN record)

data.

In all 50 U.S. States (this means the 50 States, Washington, D.C., Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana Islands, and American Samoa) the bride may take her husband's last name (surname or family name) as her new last name. (EXAMPLE: Jane Doe married John Jones and she may change her name to Jane Jones.)

Interim Guidance: If the bride wants to take her husband’s last name, accept the marriage document as a legal name change for the bride if the new name can be derived from the marriage document; even if the marriage document only shows each partner’s first names, the bride’s prior surname and husband’s surname.

Note: For a marriage document or marriage record to be acceptable as an identity document it must show, in addition to the applicant’s name, either the applicant’s age, date of birth or parents’ names and the marriage document alone can be accepted as evidence of identity for both the old and new names when it meets this standard.

When issuing immigration documents, the Department of State and Department of Homeland Security issue them in the person’s legal name. The legal name is also generally the name in which the foreign passport was issued.

When an alien applies for an SSN card, SSA presumes the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change (e.g., marriage) that occurred after the immigration document was issued.

This is in addition to proof of current lawful employment authorized status.

You can find detailed information regarding changing SSN record (Numident) data on the SSA Website at:

http://policy.ssa.gov/poms.nsf/lnx/0100203210

When requesting an SSN card, the documents presented, as evidence must be either originals or copies certified by the issuing agency. SSA will not accept uncertified or notarized photocopies as evidence.

“If the applicant has no immediate need for the SSN and the translation can be done promptly or the foreign language document is the only evidence available; have the document translated by an authorized translator and use the document as evidence.”

“If the applicant has a pressing need for an SSN, and evidence other than the foreign language document is available; request other evidence and process the application without the foreign language document.”

RM 00203.040 Reviewing SSN Evidence:

http://policy.ssa.gov/poms.nsf/lnx/0100203040#B3

GN 00301.340 Authorized Translators Defined:

http://policy.ssa.gov/poms.nsf/lnx/0200301340

If a foreign-born person has the foreign birth certificate (BC) in his/her possession or can easily obtain a copy, he or she must submit it as proof of age. When a person is foreign-born, a BC may not exist, may not have been recorded shortly after birth, or the probative value of the document may not be high. In these situations, SSA can accept alternative evidence of age in order of probative value. The alternative evidence of age may be less than a year old, e.g., a DHS document or passport.

You can find detailed information regarding evidence that establishes age on the SSA Website at:

http://policy.ssa.gov/poms.nsf/lnx/0100203110

The documents acceptable as evidence of identity are now based on three factors: (1) the applicant’s age, (2) the applicant’s citizenship/alien status, and (3) the relative probative value of documents.

Any document used to establish identity must meet the following criteria:

-- The document provides information the reviewer can compare with the

data on the form SS-5 (e.g., the person's name, as well as age, date

of birth, or parents' names) and/or

-- The document provides information the reviewer can compare with the

applicant (e.g., physical description, photograph).

NOTE: A non-picture identity document should have the person's name as well as information that can be compared to the SSN record, the applicant or other documents submitted (e.g., age, date of birth, or parents' names).

However, the acceptability of an identity document must be evaluated on a case by case basis by the office processing the application, taking into consideration the applicant's situation and exploring what evidence is available for the person.

You can find detailed information regarding evidence that establishes identity on the SSA Website at:

http://policy.ssa.gov/poms.nsf/lnx/0100203200#E6

SSA will not accept an application filing receipt or notice of action as proof of current lawful employment authorized status.

Form SS-5, “Application for a Social Security Card,” is the appropriate form to request an original SSN and card or corrected card.

You can request Form SS-5 by calling our toll-free number, 1-800-772-1213 or it can be accessed on the SSA Website at:

http://www.ssa.gov/online/ss-5.html

Complete the Form SS-5 and take it along with the required documents, to the nearest Social Security office. Individuals age 12 or older applying for an original SSN and card must apply in person at one of our offices.

You can obtain the address and directions to the nearest Social Security office from the Social Security Office Locator, which is available on the Internet at:

http://www.ssa.gov/locator

Normally, an SSN card should be received in the mail within two weeks after the application and document(s) have been received and verified.

When an alien requests an SSN or replacement/corrected SSN card, SSA will verify his or her documents and current status with the appropriate Bureau of the Department of Homeland Security. If verification is not available through the Systematic Alien Verification for Entitlements (SAVE) system, SSA will send Form G-845 for manual verification.

RM 00203.720 Verifying Immigration Documents:

http://policy.ssa.gov/poms.nsf/lnx/0100203720

Note: If the applicant has changed his/her name after an immigration document, i.e. I-94, was issued, e.g., married and is now using the married name, but has not obtained a corrected immigration document showing the new name; this is not a name discrepancy for enumeration purposes, i.e. SAVE clearance, if the applicant can provide an acceptable legal name change document to establish the new name.

The 14 day status expiration limit for assigning an SSN and/or issuing a card applies even if an individual submitted his or her application before being within the 14 day period and entered the 14 day period while waiting for his or her status to be verified.

If the SSA office does send the G-845, suggest that you go back to the SSA office no more that once week with your documents to (1) ask them to check SAVE again (2) ask if they sent a G-845 (3) if yes, did it come back (4) after 30 days ask if they have followed up on the G-845 by calling or sending another mark “second request.”

http://policy.ssa.gov/poms.nsf/lnx/0100203735

RM 00203.735 Requesting Online (Primary) Verification By SAVE

You can try calling the SSA Regional Office if you have waited at least 30 days and your local SSA office doesn't seem to be concerned about following up on the G-845

http://www.ssa.gov/otherssasites/

Refer them to:

http://policy.ssa.gov/poms.nsf/lnx/0100203740

RM 00203.740 Requesting Additional (Manual) Verification By DHS

Step 6

DHS should respond to SSA within 15 federal work days after receiving the Form G-845. If DHS does not respond within 15 federal work days from the receipt of the G-845 from SSA, follow-up with the DHS, USCIS Immigration Status office. (Allow 15 days plus five additional federal work days of mail time for the G-845 to be received at and returned from DHS. Follow local practice to follow-up with DHS.

Some SSA offices have an arrangement with the DHS, USCIS office to telephone for the follow-up contact; other SSA offices send a copy of the original G-845 annotated “second request.”) If the DHS response is still not received within 15 federal work days after the follow-up contact (if the follow-up is by mail allow five additional federal work days of mail time for the G-845 to be received at and returned from DHS), make a second follow-up contact. If the DHS response is not received within 15 federal workdays (again, if the follow-up is by mail, allow five additional federal work days of mail time for the G-845 to be received at and returned from DHS), after two follow-ups, contact the Regional Office (RO). Also report to the RO any trend that shows a serious deviation by DHS from the above time frames. The RO will consult with central office.

All cards are mailed from Social Security Headquarters in Baltimore, Maryland to the postal address provided on the Form SS-5.

You may find additional SSN and employment information on the Internal Revenue Service Website at:

http://www.irs.gov/businesses/small/intern...=129227,00.html

[sarah and hicham 3]

If you entered through JFK and got temporary EAD then you can work within the first 90 days of being here. After that you have to wait for your EAD to be approved that you sent in with your AOS stuff.

I hope that helps, good luck,

Sarah

And you need an SS card to work... even if you have it I believe that you still need to wait for your EAD to be approved before youc an legally start working.

Edited September 13, 2006 by sarah and hicham

[Kez/JWolf 6]

A K1 visa holder is allowed to work for 90 days... the problem is that to be employed you need to have evidence of your authority to work (EAD) if you did not get a Temp EAD at POE (JFK is the only place that gives it) you can file for a temp ead but it will take about 50- 90 days to get and is only valid for 90 days from the date you entered the USA.. Once you are married you file for AOS and a 1 year EAD.... once you have got that you can then work...

Kezzie

[JenT 0]

Doug, are you already married? Your post implied that you were 'in preparation for marriage". As Kezzie said, you need to be married before you can file for your EAD. If you have already filed and are not yet married, your application will likely be denied.

Jen

[Peter Miami 0]

True!

Peter Miami

[olutayo82 0]

Ditto

[Doug & Bobbi 1]

K well thanks for the updates guys. As it goes it is not a requirement to be married to apply for the EAD, I AM allowed to to apply for it as soon as I enter as stated here on this site itself. However it seems that somehow I missed the part that said 'with the processing times for the EAD it is a waste of money and time to do this as it only lasts the 90 days of the K1', so it seems like that's $180 down the tube. No mind you live and learn. However, I should still be able to apply for a SSN correct? Not sure why ndyoung posted the entire document I linked to here, but still it does clearly state that I am eligble to work with the K1 (without an EAD stamp/card) and though I understand that employers won't employ without proof, the social security should still issue Me with an SSN as I fall into the entitled to work category?

Or do you guys think it would just be best to wait untill I apply for AOS and the 1 year EAD before applying for the SSN? And would I be able to cancel my current EAD application and perhaps procure a partial if not full refund?

Though this site has been great so far I'll confess to finding the info currently available on this subject contradictory depending upon who is replying or what 'advice' I am reading (that's not meant negativly, I understand you folk are only trying to help and I DO appreciate that). I am now unsure whether to just hold fast untill married, or to continue through with my application

[Boiler 45,486]

I am now in the US and in full preperation for marriage. As I understood it I was required to apply for an EAD to begin working once I entered on my K1. I have applied for the EAD (I've received the NOA for this and just waiting it's processing now) and am going on monday (9th) to apply for my SSN. I have been reading the advice here regarding the SSN application process and I am a little confused.

The social security office says that an SSN can only be applied for if DHS authorisation (EAD) to work is present (except certain circumstances which do not apply to me). I understood that I was not eligble to work on a K1 visa untill my EAD had been authorised. However according to the following document listed at this site:

POM RM 00203.500

It says " The following sections lists nonimmigrants, by alien class of admission codes, who are authorised to work in the U.S. WITHOUT specific authorisation from DHS. The person's I-94 will NOT have the DHS employment authorisation stamp and the alien will generally NOT have an EAD."

In the list that follows, you will see K-1 - Fiance' of U.S. Citizen is clearly listed.

So I'm confused!

Can I or can I not work under My K1 without the EAD?

Will I have trouble applying for my SSN WITHOUT the EAD?

On the social security application form I have checked the ' Legal alien allowed to work' checkbox in the 'citizenship section; is this correct? Or should I check the 'not allowed to work' option?

Hope someone can help, because as if often the case with this whole process there seem to be conflicting details on what action to take and what you are, or are not, eligble for.

1. You can not apply for EAD until you have married and filed to adjust. Well you can but there is no point as by the time you get it it will have run out.

2. You must apply for the SSN before you get married.

3. In practical terms to work in the US you need a SSN and EAD, the EAD can be either the 90 day one you get at JFK or the one that you file for as part of adjusting status.

Edited September 13, 2006 by Boiler

[UmmSqueakster 54]

Do apply for the SSN ASAP, as you can use it for a number of other purposes - bank account, insurance, etc. The social security card you will get will have something along the lines of "requires DHS authorization to work" printed on it, so that's why the employers will ask for proof of authorization.

As for getting a refund

Edited September 13, 2006 by rahma

[Doug & Bobbi 1]

K, thanks boiler. I didn't come in through JFK and the nice gentleman at my POE simply gave Me the USCIS url and told Me to apply there. which I did with E-Filing. I get that I've probably wasted my money due to processing times and I'll just mark that down to experience I suppose, but you said I needed a SSN to get married? So that means I can get an SSN under a K1 without having an EAD? Which is how I understood it to be in the first place.

[Waiting in Vancouver 6]

K, thanks boiler. I didn't come in through JFK and the nice gentleman at my POE simply gave Me the USCIS url and told Me to apply there. which I did with E-Filing. I get that I've probably wasted my money due to processing times and I'll just mark that down to experience I suppose, but you said I needed a SSN to get married? So that means I can get an SSN under a K1 without having an EAD? Which is how I understood it to be in the first place.

Yes you can get a SSN with a K-1 Visa but it says on it "Valid for Work Only with DHS Authorization" ...

And does your state/county require you to have a SSN to get married ... Because here in our county in Illinois it was not required ... Some states require it though ...

[Yodrak 7]

Doug & Bobbi,

Recognize that there's a difference between being EA, which K1s are, and having an EAD, which most K1s do not.

Then recognize that an employer may not hire someone without seeing an EAD.

Finally recognize that the spouse of a USC is forgiven the sin of working without EA for the purposes of adjusting status.

Put it all together, and once you've got the SS card you can work if you can find someone who will hire you.

Yodrak

I am now in the US and in full preperation for marriage. As I understood it I was required to apply for an EAD to begin working once I entered on my K1. I have applied for the EAD (I've received the NOA for this and just waiting it's processing now) and am going on monday (9th) to apply for my SSN. I have been reading the advice here regarding the SSN application process and I am a little confused.

The social security office says that an SSN can only be applied for if DHS authorisation (EAD) to work is present (except certain circumstances which do not apply to me). I understood that I was not eligble to work on a K1 visa untill my EAD had been authorised. ....

Edited September 13, 2006 by Yodrak

[Doug & Bobbi 1]

Thanks for the help all.