I-765 for K2

[six7one 17]

Prepping to file AOS shortly, and had one question related to my step-daughter (K2). I'm 100% certain my 4 year old step-daughter will not be seeking employment. Should I still file a form 765 EAD for her? My guess would be no, but would just like some advice/feedback. Thanks in advance.

[Ning 619]

Prepping to file AOS shortly, and had one question related to my step-daughter (K2). I'm 100% certain my 4 year old step-daughter will not be seeking employment. Should I still file a form 765 EAD for her? My guess would be no, but would just like some advice/feedback. Thanks in advance.

Your kidding. Right?

It should be about 12 to 14 years before she will be seeking employment unless something happens to Honey Boo Boo.

[VanessaTony 3,567]

You can if you want in order to get her a SSN quicker, but I wouldn't bother.

[six7one 17]

You can if you want in order to get her a SSN quicker, but I wouldn't bother.

Was thinking the same thing about the SSN. Realistically, my step-daughter should at least be a GC holder or even naturalized by the time she becomes of age to work. Any other thoughts on this?

[Hank_ 9,174]

Seriously? An EA card for a 4 year old. It won't even speed things up for getting her SSN, for that you only need to go down with her passport and the I-94 having more than two weeks remaining and its done... no issue, but there isn't any real rush for getting the childs SSN you can wait until she has her GC not that she is required to have one, at least not until she works or is naturalized.

[six7one 17]

Seriously? An EA card for a 4 year old. It won't even speed things up for getting her SSN, for that you only need to go down with her passport and the I-94 having more than two weeks remaining and its done... no issue, but there isn't any real rush for getting the childs SSN you can wait until she has her GC not that she is required to have one, at least not until she works or is naturalized.

Maybe you can understand my confusion as the SSN guide here on VJ lists the 765 as needed to obtain an SSN. I think I will just omit the 765 altogether for our 4 year old and just wait for her to get her GC THEN get the SSN for her. A little embarrassed that I asked, but a little peace of mind is better for me. Thanks Hank.

[Hank_ 9,174]

Yup it does for the K2/K3/K4 ... but I found nothing at SSA that states the EA card is needed to acquire a SSN, the I-94 is the only listed document. The EA card is only listed as needed for working, not for obtaining a SSN.

https://secure.ssa.g.../lnx/0110211530

https://secure.ssa.g.../lnx/0110211420

https://secure.ssa.g.../lnx/0110211600

I think someone should "show me the beef" or that info needs to be corrected as its misleading.

Edited March 4, 2013 by Hank_

[VanessaTony 3,567]

Maybe you can understand my confusion as the SSN guide here on VJ lists the 765 as needed to obtain an SSN. I think I will just omit the 765 altogether for our 4 year old and just wait for her to get her GC THEN get the SSN for her. A little embarrassed that I asked, but a little peace of mind is better for me. Thanks Hank.

Hank is wrong. a K2 is not SSN eligible without an EAD or GC because they are not "work eligible".

[VanessaTony 3,567]

Yup it does for the K2/K3/K4 ... but I found nothing at SSA that states the EA card is needed to acquire a SSN, the I-94 is the only listed document. The EA card is only listed as needed for working, not for obtaining a SSN.

https://secure.ssa.g.../lnx/0110211530

https://secure.ssa.g.../lnx/0110211420

https://secure.ssa.g.../lnx/0110211600

I think someone should "show me the beef" or that info needs to be corrected as its misleading.

A K2 visa is not work eligible, a K1 visa is. Therefore a K2 cannot obtain a SSN without an EAD or GC.

Your own link above states:

NOTE: When an alien listed below has an (*) next to the description, he/she may work only when DHS grants employment authorization and issues an EAD.

The K2 has the * next to it. SSN's are issued based on work eligibility (well not entirely but in many cases, yes).

Edited March 5, 2013 by Vanessa&Tony

[Hank_ 9,174]

To make clear I am not saying the child should get an SSN, in fact I stated there is no reason for the child to get an SSN in an earlier post ... maybe read the earlier post before...

As for the link that you copied it makes reference regarding being allowed to work, not issues of a SSN.

How about making reference to this:

"The chart below lists the documents that establish lawful alien status for SSN applications. Use with the more detailed information located elsewhere in this chapter. The chart shows the form number and name, the class of admission for aliens admitted on a temporary basis (i.e., non-immigrants), and the appropriate entries for the citizenship/alien status (item 3) and PRA block on the SS-5."

The documents listed in the referenced chart are: AR-3/3a, I-20 and I-94/4a (There is no reference on this page of the EAD or GC being required for issuance of an SSN, only there being restrictions for working)

Now the K3 right below the K2 also has an asterisk and that is a spousal visa much like the IR/CR-1 yet the K-1 does not have the asterisk???

There may not be an asterisk next to the K-1 but K-1 is not eligibile to work without a EAC or GG also (no different than stated for the K-2 & K3), and the SS card issued without the EAC or GC is stamped - valid for work only with DHS authorization. I find it strange that the K3 spouse is listed as not allowed to work, yet the fiance(e) is listed as allowed to work, yes I know its the federal government so logic doesn't apply...

So by your reference the K-1 is allowed to work and they does NOT need an EAC or GC to work as they have an asterisk. And we all know that isn't true.

Edited March 5, 2013 by Hank_

[sunandmoon 450]

based on my experience and without getting into the technicalities, a K-2 will not be issued a SSN on the basis of an I-94. a K-2 needs an EAD or green card to be issued an SSN.

[Hank_ 9,174]

Yup that is pretty much true according to the instructions with the SS-5, it states a SSN will not be issues unless required, which to me means if you don't need the SSN don't worry about applying.

Edited March 5, 2013 by Hank_

[VanessaTony 3,567]

To make clear I am not saying the child should get an SSN, in fact I stated there is no reason for the child to get an SSN in an earlier post ... maybe read the earlier post before...

As for the link that you copied it makes reference regarding being allowed to work, not issues of a SSN.

How about making reference to this:

"The chart below lists the documents that establish lawful alien status for SSN applications. Use with the more detailed information located elsewhere in this chapter. The chart shows the form number and name, the class of admission for aliens admitted on a temporary basis (i.e., non-immigrants), and the appropriate entries for the citizenship/alien status (item 3) and PRA block on the SS-5."

The documents listed in the referenced chart are: AR-3/3a, I-20 and I-94/4a (There is no reference on this page of the EAD or GC being required for issuance of an SSN, only there being restrictions for working)

Now the K3 right below the K2 also has an asterisk and that is a spousal visa much like the IR/CR-1 yet the K-1 does not have the asterisk???

There may not be an asterisk next to the K-1 but K-1 is not eligibile to work without a EAC or GG also (no different than stated for the K-2 & K3), and the SS card issued without the EAC or GC is stamped - valid for work only with DHS authorization. I find it strange that the K3 spouse is listed as not allowed to work, yet the fiance(e) is listed as allowed to work, yes I know its the federal government so logic doesn't apply...

So by your reference the K-1 is allowed to work and they does NOT need an EAC or GC to work as they have an asterisk. And we all know that isn't true.

No, you're confused by the term "work eligible". There are many posts on this topic so feel free to do more reading but basically, a K1 is eligible to get an EAD before AOS, other visas are not (like the K2, K3 and K4 for example), they're eligible for a work permit prior to AOS. You're right the SSN will get a "DHS authorisation required" mark on it.

I'm saying the child SHOULD get a SSN if they need it for tax time but otherwise I agree, it's not needed.

The I-94 alone is NOT sufficient to get a SSN. You'll see in your quote it says "use with more detailed instructions". A person on a visitor visa CANNOT go to the SSA and get a SSN, your post implies simply because they have an I-94 they could... they can't. Their visa category is what matters.

And just to confirm, yes, a K3 isn't work eligible and needs an EAD or GC to get a SSN. The reason the K1 is and the K3 isn't is because in some states a SSN was required for marriage and the K1 is for marriage so they had to make that easier. The K3 needs to AOS to get the EAD or GC to get a SSN.

based on my experience and without getting into the technicalities, a K-2 will not be issued a SSN on the basis of an I-94. a K-2 needs an EAD or green card to be issued an SSN.

You are correct.

[syncme 0]

Prepping to file AOS shortly, and had one question related to my step-daughter (K2). I'm 100% certain my 4 year old step-daughter will not be seeking employment. Should I still file a form 765 EAD for her? My guess would be no, but would just like some advice/feedback. Thanks in advance.

Hi ill just file our AOS last january, and i already have my EAD with me, i don't file a form I-765 for my k2 child coz i thought she will not need it..but now we need to get her a SSN , our I-94 is already expired..so now to get her a SSN she must have the EAD ..Now i need to file I-765 for her so that she can have the EAD to get her SSN, coz our status on our AOS is still pending, we need to have her a SSN for many reasons. Or else we will wait the GC to come ..but i don't know when, (sigh)