Confused by SSN application and purpose of EAD

[marcodonaldson 0]

Hi everybody, I seem to be confused by the reasoning of applying for a SSN and then filing for the EAD. From what I understand as a K1 visa holder you are a legal alien allowed to work. Therefore, you have the ability to apply for a SSN. With that said, before somebody gets married they can technically work up until then? Now once a person gets married they have to apply for EAD. Or does the K1 visa / 'legal alien allowed to work' status expires once the visa does? If a person has been given pay (since they have a SSN) and hasn't applied for EAD, is that wrong?

I appreciate any clarification to this. Maybe I'm missing something or just reading too much into it.

[gandacel 7]

No, K-1 visa holders cannot work before they get their EAD or Green Card - whichever comes first. You can hold off on applying for a SSN until you get married so she doesn't have to change it again - if she changes her name. Or you can wait until she gets her EAD/GC, but that makes it harder to open a bank account, put her on your health insurance and so on.

[Scott & Annie 19]

Hi everybody, I seem to be confused by the reasoning of applying for a SSN and then filing for the EAD. From what I understand as a K1 visa holder you are a legal alien allowed to work. Therefore, you have the ability to apply for a SSN. With that said, before somebody gets married they can technically work up until then? Now once a person gets married they have to apply for EAD. Or does the K1 visa / 'legal alien allowed to work' status expires once the visa does? If a person has been given pay (since they have a SSN) and hasn't applied for EAD, is that wrong?

I appreciate any clarification to this. Maybe I'm missing something or just reading too much into it.

Just FYI...the K1 visa is a single entry visa, it expires as soon as you enter the country.

My wife and I did the following:

Wait at least 10 working days after poe, to ensure your entry is in the SAVE system, then apply for SS card in your maiden name. You should receive your SS card in about 2-3 weeks. It will state that you may not work until...blah, blah, I forget the exact wording.

Many people have difficulty when they wait until after they are married to apply because the data in the SAVE system is in your maiden name. So don't wait.

After you get married, return to the SS office with the marriage application and marriage certificate, etc., etc., and apply for name change. You will get your new SS card with your married name in about 2-4 weeks.

After you file for AOS and get your EAD, you can apply for work.

You will need an SSN to create joint bank accounts, leases, etc. So don't wait. We did everything after she received her SS card in her maiden name, bank accounts, insurance, lease, etc. Then went back and changed it all after we got married to her married name.

This worked for us...Good luck

EDIT: I just noticed on your timeline that you are already married, so my comments are N/A. Based on your post, I thought you were still single...Sorry!

Edited March 9, 2012 by Scott & Annie

[KayDeeCee 4,893]

Hi everybody, I seem to be confused by the reasoning of applying for a SSN and then filing for the EAD. From what I understand as a K1 visa holder you are a legal alien allowed to work. Therefore, you have the ability to apply for a SSN. With that said, before somebody gets married they can technically work up until then? Now once a person gets married they have to apply for EAD. Or does the K1 visa / 'legal alien allowed to work' status expires once the visa does? If a person has been given pay (since they have a SSN) and hasn't applied for EAD, is that wrong?

I appreciate any clarification to this. Maybe I'm missing something or just reading too much into it.

The K-1 visa is null and void upon entering the US, and it does not grant permission to work anyway.

When you enter the US as a K-1 visa holder, you are a legal alien allowed to work, but the SSN alone does not grant you permission to work. You need to have the SSN and EAD. Those 2 things together make you eligible to work. Once you get your green card, the EAD is no longer needed or valid. You will only need the green card and SSN.

Yes, working without an employment authorization document is wrong and illegal.

[marcodonaldson 0]

The K-1 visa is null and void upon entering the US, and it does not grant permission to work anyway.

When you enter the US as a K-1 visa holder, you are a legal alien allowed to work, but the SSN alone does not grant you permission to work. You need to have the SSN and EAD. Those 2 things together make you eligible to work. Once you get your green card, the EAD is no longer needed or valid. You will only need the green card and SSN.

Yes, working without an employment authorization document is wrong and illegal.

Just out of curiosity, what if the employers are my parents? We have a family business (it's only my parents and I) and we'd like to 'hire' my wife. EAD is technically still needed? It's not like my wife is now going out and trying to apply for jobs with companies. Sorry if the questions may be 'out there'. But I'm trying to spare the boring details.

And thank you everybody for your responses. Don't know where I'd be in this process if it wasn't for VJ!

[SF2007 48]

Just out of curiosity, what if the employers are my parents? We have a family business (it's only my parents and I) and we'd like to 'hire' my wife. EAD is technically still needed? It's not like my wife is now going out and trying to apply for jobs with companies. Sorry if the questions may be 'out there'. But I'm trying to spare the boring details.

EAD is needed for all K1 holders wanting to work. It's the law not just a technicality. It doesn't matter to USCIS whether it's a family business or how big it is. Your wife is not eligible to work and cannot be hired until she received either her EAD or GC.

She can volunteer. But as a volunteer without employment authorization, she cannot hold a position or do a job that would be otherwise paid. Or be paid later for a volunteering position she had while EAD/GC was pending.

[marcodonaldson 0]

EAD is needed for all K1 holders wanting to work. It's the law not just a technicality. It doesn't matter to USCIS whether it's a family business or how big it is. Your wife is not eligible to work and cannot be hired until she received either her EAD or GC.

She can volunteer. But as a volunteer without employment authorization, she cannot hold a position or do a job that would be otherwise paid. Or be paid later for a volunteering position she had while EAD/GC was pending.

Thank you! That's all I needed to know. I had a funny feeling that no matter what the government wouldn't be approving. They are strict, but there's no sense in messing up our journey when we've made it this far.

Thanks again...

[LeilaLyn 4]

I came to read this post coz i have the same doubt. When i went to get my SSN the lady said i can work without EAD coz K1 visa holders are allowed to work therefore she can give me a SSN, just k3 visa holders cant without an EAD. I was not sure about this, so i called the USCIS who just told me no, u cant work after the tons of words they say so fast to validate ur question (i dont really like the customer service, u can tell) So i was like emmmm ok and now what???

So thx so much for this posts and all the answers, coz really it was helpful!!!!!!!

BTW i was already married when i went to get my SSN and the lady said no matter what, i have to first get my SSN in my maiden name which shows in the system, and then once i have that one get back with my marriage certificate to change my name. So as Scott & Annie said...DONT WAIT! is not really a point on waiting.

[marcodonaldson 0]

I came to read this post coz i have the same doubt. When i went to get my SSN the lady said i can work without EAD coz K1 visa holders are allowed to work therefore she can give me a SSN, just k3 visa holders cant without an EAD. I was not sure about this, so i called the USCIS who just told me no, u cant work after the tons of words they say so fast to validate ur question (i dont really like the customer service, u can tell) So i was like emmmm ok and now what???

So thx so much for this posts and all the answers, coz really it was helpful!!!!!!!

BTW i was already married when i went to get my SSN and the lady said no matter what, i have to first get my SSN in my maiden name which shows in the system, and then once i have that one get back with my marriage certificate to change my name. So as Scott & Annie said...DONT WAIT! is not really a point on waiting.

I know, this part has been so confusing for us! I was under the impression that once my wife got her SSN she can work. But apparently not. We are doing the AOS paperwork now and filling out the form for the EAD at the same time. No sense in submitting EAD now, paying, and then paying more when I send in the AOS paperwork too. Not to mention receiving a response for EAD can take months anyway. Uggghhhhh, so we have been wondering was there really a great benefit to getting the SSN right away???

[Lainie B 465]

I know, this part has been so confusing for us! I was under the impression that once my wife got her SSN she can work. But apparently not. We are doing the AOS paperwork now and filling out the form for the EAD at the same time. No sense in submitting EAD now, paying, and then paying more when I send in the AOS paperwork too. Not to mention receiving a response for EAD can take months anyway. Uggghhhhh, so we have been wondering was there really a great benefit to getting the SSN right away???

EAD (and AP) is free when applying with or after AOS

If you hadn't got the SSN now you would have had to wait until you had your EAD in hand.

[marcodonaldson 0]

EAD (and AP) is free when applying with or after AOS

If you hadn't got the SSN now you would have had to wait until you had your EAD in hand.

I realized that. When we submit the AOS paperwork we will also submit the EAD/AP too. She got her SSN a few weeks ago but it doesn't mean anything when it comes to being able to work apparently.

[RickJovi 81]

I realized that. When we submit the AOS paperwork we will also submit the EAD/AP too. She got her SSN a few weeks ago but it doesn't mean anything when it comes to being able to work apparently.

Well this can be confusing as the information on the Social Security Administration website related that a K1 can work. I tried it with my ex back in 2010, but they sent the card not allowing her to work. When I printed out the information form their website they said it was not accurate. I told them then ,maybe they should remove it because it was their official governemnt website. I haven't checked anymore, becasue it is just better to wait to get your green card. Some come as quickly as 2 months after sending in your AOS packet. We also did not have to go throught the AOS interview. She was just approved flat out. Good luck.

[KayDeeCee 4,893]

I know, this part has been so confusing for us! I was under the impression that once my wife got her SSN she can work. But apparently not. We are doing the AOS paperwork now and filling out the form for the EAD at the same time. No sense in submitting EAD now, paying, and then paying more when I send in the AOS paperwork too. Not to mention receiving a response for EAD can take months anyway. Uggghhhhh, so we have been wondering was there really a great benefit to getting the SSN right away???

Sending the EAD application before AOS is a waste of $380. That EAD would expire when her I-94 does, which means by the time the EAD would be processed and approved, you would have very little to perhaps no time at all left to even use it. It just makes it a useless waste. The best thing for people to do that want to work as soon as possible is to get all the paperwork together as quickly as you can after your marriage and send off the AOS with EAD and AP as fast as you can. Get is all ready and then just add in the copy of the marriage certificate once it is filed with the courts.

The only other way is to go the spousal visa route instead of a K-1 so they will be able to work as soon as they arrive in the US.

[Dave&Roza 748]

I know, this part has been so confusing for us! I was under the impression that once my wife got her SSN she can work. But apparently not. We are doing the AOS paperwork now and filling out the form for the EAD at the same time. No sense in submitting EAD now, paying, and then paying more when I send in the AOS paperwork too. Not to mention receiving a response for EAD can take months anyway. Uggghhhhh, so we have been wondering was there really a great benefit to getting the SSN right away???

Your wife can apply for things that require a SSN like bank accounts, your benefits at work, and file income taxes. The SSN has become a national ID number even though mine specifically states "Not to be used for Identification, for tax purposed only" or something like like as I have not looked at it in quite a while. By having a SSN it helps with those things when people ask, "SSN." You wife can rattle it off rather then say, "I'm sorry I do not have one." and the other person then usually will say, "I'm sorry I need a SSN in order to complete the application. I do not know what we can do." They may be completely wrong and not need the SSN, but having one saves a lot of hassle.

So that is the main reason to apply for a SSN right away. Besides you will need one sooner or later, why not deal with the headaches (SSA) sooner?

Dave