Social Security vs. USCIS EAD

[Mark & Eri 0]

Years ago, Eri lived in the states and was granted a social security number. Now, after entering the US on K-1 visa, we have married and applied for AOS. However, her SSN card was lost so we went to the SS Office and applied for replacement card and name change. The agent was extremely helpful and said our replacement card would arrive in about 2 weeks with a status of "Authorized to Work." She reviewed her I-94 form and seemed to be knowledgeable of the K-1 process. However, our AOS and EAD is still being processed. Is Eri authorized to work now or will we need both the SS card indicating authorized to work as well as approval from USCIS?

[ryna 132]

Years ago, Eri lived in the states and was granted a social security number. Now, after entering the US on K-1 visa, we have married and applied for AOS. However, her SSN card was lost so we went to the SS Office and applied for replacement card and name change. The agent was extremely helpful and said our replacement card would arrive in about 2 weeks with a status of "Authorized to Work." She reviewed her I-94 form and seemed to be knowledgeable of the K-1 process. However, our AOS and EAD is still being processed. Is Eri authorized to work now or will we need both the SS card indicating authorized to work as well as approval from USCIS?

She will still need to wait for the EAD card to arrive. The replacement SS Card with "authorized to work" notation is not the actual authorization. The EAD is...

[Anh map 2,098]

Years ago, Eri lived in the states and was granted a social security number. Now, after entering the US on K-1 visa, we have married and applied for AOS. However, her SSN card was lost so we went to the SS Office and applied for replacement card and name change. The agent was extremely helpful and said our replacement card would arrive in about 2 weeks with a status of "Authorized to Work." She reviewed her I-94 form and seemed to be knowledgeable of the K-1 process. However, our AOS and EAD is still being processed. Is Eri authorized to work now or will we need both the SS card indicating authorized to work as well as approval from USCIS?

SS does not issue work authorization. The EAD or GC will give him work authorization.

[Dave&Roza 748]

She may have appeared to be knowledgable but unfortunately she is not correct. What she said is correct from her department's policy. A K-1 Visa holder is eligible to file for work authorization an is therefore eligible to file for a SSN. However, any person who applies for work must be able to supply the documentation required on the I-9 form. One of those is a EAD or GC. Others are a DL and SSC. The documentation may be available like a SSC without the "Not Authorized to work without DHS Authoriztion" and a DL from a previous visa application, but the employer will do an e-verify on the SSN and assuming the USCIS has done their job, the e-verify will come back as not authorized to work for a K-1 visa holder until the EAD or GC is approved.

The short story is that a K-1 is considered work authorized so they can apply and receive a SSN which at one time was required by some states for a marriage license. The K-1 is not legally able to work until the USCIS grants the work authorization (there was a thread on this that quoted the CFR which makes it "clear" that it is the USCIS that has this power and only the USCIS. The thread was about the old i-551 stamp some K-1 visa holders used to get upon entry and about getting a SSC). It is this double standard and multi-governent departments that makes this confusing.

She will not be able to work legally until the EAD or GC arrives.

Dave