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Filed: Citizen (pnd) Country: Argentina
Timeline
Posted

We have just received the social security card however it states that it is not valid for employment without the proof of DHS.... I thought automatically my fiance is approved for that.... At the airport he was told he is. Does that mean we have to wait till we get married and then have that remark taken of his SS card?

Also..... my fiance already provided fingerprints in Argentina....however they are requesting it again the AOS process....can I write them a letter to avoid having them done again?

Thanks


Filed: AOS (apr) Country: India
Timeline
Posted

I think you will have wait until you get your EAD to get issued a new SSN card without the DHS restriction. The temp EAD you may have gotten at POE is not good for this. You will have to apply for EAD when you apply for AOS. It usually takes about 90 days to get your EAD card.

I think you will have to give fingerprints again as part of the AOS/EAD Biometrics process. There is no way around this to my knowledge.

K1 Visa Saga

7/27/2005 Went to India to see Sowmya

7/31/2005 Proposed and she said "yes"!

08/05/2005 Held official engagement ceremony

08/07/2005 Returned to US

08/26/2005 Sent in I-129F petition

08/31/2005 Received online NOA1

09/02/2005 Received NOA1 through snail mail

11/22/2005 Received online NOA2!!! (Day 88)

11/26/2005 Received NOA2 through snail mail.

11/28/2005 NVC receives case

12/1/2005 Case sent to Chennai consulate via DHL

1/12/2006 Interview date - Visa approved!!!

1/16/2006 Received visa by courier

1/20/2006 Arrival in US - Chicago O'hare POE (Reunited at last!!!)

1/21/2006 Returned home to Birmingham together.

2/10/2006 Married!!!

AOS

2/15/2006 Sent in AOS/EAD application

2/27/2006 Received NOA1 for EAD

3/2/2006 Received NOA1 for AOS

3/20/2006 Received Biometrics appointment letter for AOS/EAD (4/11/2006)

3/30/2006 EAD application touched

4/11/2006 Biometrics appointment (AOS/EAD)

4/13/2006 AOS/EAD applications touched

5/3/2006 AOS application transferred to CSC

5/5/2006 EAD touched

5/8/2006 AOS application received by CSC

5/9/2006 EAD approved!!!

5/10/2006 AOS touched

5/13/2006 EAD card received

6/6/2006 AOS approved without interview!!!

6/9/2006 Received Welcome Letter

6/29/2006 Green Card received!!!

2/30/2008 - File to lift conditions on Green Card

Filed: K-1 Visa Country: Ukraine
Timeline
Posted
We have just received the social security card however it states that it is not valid for employment without the proof of DHS.... I thought automatically my fiance is approved for that.... At the airport he was told he is. Does that mean we have to wait till we get married and then have that remark taken of his SS card?

Also..... my fiance already provided fingerprints in Argentina....however they are requesting it again the AOS process....can I write them a letter to avoid having them done again?

Thanks

If your fiancee is here on a K1 visa, then she was elibible to get a EAD at her port of arrival, but I think JFK is the only place that gives them relaibily. I believe that this EAD stamp in her passport is INS approval, but it is only good for 90 days.

After you get married and you file her AOS, you can also file for another 365 day EAD, but your new wife must stop working until the new EAD arrives. In another year, you will have to renew your EAD, again and again she will have to stop working until the new EAD arrives. I have heard that an AOS will take 2 years.

You will find all of this info in the K1-fiancee flowchart...

Everyone, did I get everything right?

2/1/2006 Mailed I-129F to NSC

2/2/2006 I-129F delivered to NSC

2/6/2006 NSC NOA1 - Received!

2/8/2006 NSC NOA2 - Approved!

2/10/2006 NSC mails K1 to NVC

2/20/2006 NVC received K1

2/27/2006 NVC Mail K1 to Kiev

3/9/2006 Kiev Receives K1

3/10/2006 FAX'ed appointment letter to Kiev

3/14/2006 Scheduled interview in Kiev

4/10/2006 Appointment in Kiev

4/10/2006 K-1 Visa Received

Filed: Timeline
Posted
We have just received the social security card however it states that it is not valid for employment without the proof of DHS.... I thought automatically my fiance is approved for that.... At the airport he was told he is. Does that mean we have to wait till we get married and then have that remark taken of his SS card?

The SSN card having the legend, “VALID FOR WORK ONLY WITH DHS AUTHORIZATION,” only means you cannot use the SSN card as proof of work authorization. It does not otherwise affect the validity of the number or card.

When an individual was previously issued an SSN card with “VALID FOR WORK ONLY WITH DHS AUTHORIZATION” printed on it and has been granted permanent residency, he or she can apply for a replacement SSN card that reflects the new immigration status.

An alien granted permanent residency status is eligible to be issued an unrestricted SSN card and will retain the originally assigned SSN.

An alien applying for a work-authorized replacement SSN card must present evidence to establish identity, current lawful alien status and employment authorization.

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.

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

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

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

Employment Authorization Documents:

-- I-688B

-- I-766

-- I-551 (Stamp or card)

Documents that establish lawfully admitted for permanent residence (LAPR)

-- I-551 card

NOTE: Some LAPR aliens have conditional 2-year I-551s (Alien Registration Receipt Card), subject to the limitation that they must apply for removal of the conditional basis 90 days before the second anniversary of the admittance date to the United States. A conditional I-551 is identified by an expiration date 2 years later than the admittance/adjudication date is acceptable proof of permanent residency.

-- Temporary I-551

Temporary evidence of immigrant status is issued for an alien to use until the permanent I-551 card is received. This may be a stamp in the individual's passport or on the I-94.

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

SSA will not accept an application filing receipt or notice of action as proof of permanent residency or work authorization.

Form SS-5, “Application for a Social Security Card,” is the appropriate form to request a replacement card.

Form SS-5 can be requested by calling the SSA toll-free number, 1-800-772-1213 or download from 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.

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.

However, when an alien requests an original SSN or replacement 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

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

Employers can contact the CIS Business Liaison Office Hotline at their toll-free number, 1-800-357-2099 with work authorization and Form I-9 questions.

You may also wish to review “Employer Responsibilities When Hiring Foreign Workers,” that can be found on our Website at:

http://www.ssa.gov/employer/hiring.htm

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

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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