do I still need to apply for EAD even though I already have a SSN?

[cloud9gt 0]

Im on a k1 visa.

Do I still need the eAd? I used to have a social security number when I used to live here (California)

[belinda63 3,038]

Yes.

[sexymackeral 14]

Im on a k1 visa.

Do I still need the eAd? I used to have a social security number when I used to live here (California)

Yes. Absolutely.

[Dashinka 24,493]

A SSN alone does not give you legal authorization to work. Now that you are on K1, you are not authorized to work legally until you apply and are approved for for and EAD during the AOS process.

Good Luck!

[Zedayn 485]

If you want to work then yes. The SSN alone does not allow you to work until you have the green card.

[Pitaya 2,577]

~Moved from K1 Process to Working & Traveling During US Immigration Forum~

~Inquiry about EAD, past K1~

[blahblahblog 36]

Boiler mentioned that K1 is work authorized from the outset. Ask him: http://www.visajourney.com/forums/topic/543133-working-before-green-card-arrives/

[aaron2020 11,651]

Boiler mentioned that K1 is work authorized from the outset. Ask him: http://www.visajourney.com/forums/topic/543133-working-before-green-card-arrives/

Boiler fails to add that an EAD is need for a K-1 to be work authorized. It takes 90 days to get the EAD and it will expire when the K-1 visa holder's 90 days are up.

------

The SSN is all about taxes. A SSN does not authorize you to work.

You need the EAD to legally work. That is the work authorization you need to legally work.

Edited April 2, 2015 by aaron2020

[blahblahblog 36]

He didn't fail to add what you said, he actually said the opposite of what you're saying. I'll quote him: "IRS aside you are work authorised as a K1, you do not have evidence, EAD, but you do not need evidence."

I don't know why he said or if he's right or wrong. I'm just suggesting the OP to ask Boiler since he seems to know a little bit more on the legalities of working under K1.

[Elizabeth+Fred 35]

Boiler mentioned that K1 is work authorized from the outset. Ask him: http://www.visajourney.com/forums/topic/543133-working-before-green-card-arrives/

The K-1 itself is NOT an authorization for employment (work.) It is a one-time permit to enter the

U.S. so the holder can marry their sponsor (the K-1 petitioner.)

Once arrived in the U.S. you have up to 90 days to get married - if not, you have to leave, just

like with a regular tourist visa (or VWP.) Getting married also does not give you any extra legal

status... you're still a tourist, just a married one

At that point, the K-1 holder has the right to "Adjust their Status" (AOS) from "non-immigrant visitor

with K-1 status" to permanent resident under conditions (to stay married to that person.)

UNTIL you receive the NOA from your AOS filing, you're basically still a tourist. So, no legal right

to accept employment (work.)

Once that NOA arrives, things DO change!

With the NOA (USCIS's notice of receipt of your AOS filing) in hand, you are still a visitor, but you

no longer have to leave within those 90 days after arrival. USCIS "waives" the time you stay after

those 90 days, because you are waiting for their approval of the AOS, which can take a LONG

time- up to a year in some cases. They allow you to stay during that wait. But, hey, guess what?

You're still a tourist... no work!

As time goes by, bills come in, you want to explore, and help out. Nope, no can do! The fact that

you may have a Social Security Card from an earlier stay in the U.S. (I had two myself, one as a

tourist, and one as a resident) does not mean you can work.. the card most likely even has that

typed on it ("NOT VALID FOR EMPLOYMENT" or "VALID WITH DHS AUTHORIZATION ONLY").

And here's the good part.

ALTHOUGH you cannot work during the "wait for AOS", USCIS did realize that it might complicate

things too much, so they allow you to ALSO file for a "temporary work permit" together with the

AOS filing, or even during the wait for it to be processed.

So, if you have not done so yet, find your AOS NOA form, grab an I-765 form from the VJ website

here, and file for that temporary work permit (Employment Authorization Document, or EAD) and

send it off. Processing times are usually 60 to 90 days max - MUCH faster than the AOS takes,

and it's free as long as you combine it with (or during) the AOS !

So, in short: NO, that SSN does NOT allow you to work, you need either the green card in hand,

OR you need that EAD in hand, see above !

Good luck on your journey!

[Hank_ 9,174]

Im on a k1 visa.

Do I still need the eAd? I used to have a social security number when I used to live here (California)

There is no requirement to file the I-765, only needed if you want to get employment before your green card arrives. And it is silly to file the I-765 on its own and pay fee (as it is free to file with the I-485) only to have it expire when the I-94 expires in 90 days... odds are that EAD wouldn't arrive before it expired.

You do NOT have to file the I-765 (EAD) if you do not want to, if you are fine waiting for your green card to arrive then don't bother. The EAD card usually arrives 60-120 days after filing. The green card usually arrives 120-180 days after filing.

Edited April 2, 2015 by Hank_

[CowBoE 429]

Chill out guys...and give more credit to Boiler's knowledge.

Based on hist previous postings, he clearly knows that EAD and SS cards

are needed by someone that entered US on K1 visa to be able to legally work in US.

OP, you need both social security card and EAD card to be able to

legally work in US. Once you get green card, you no longer need EAD card.

Since GC can take 6 to 12+ months or so, and EAD card usually only takes 2 to 3 months,

EAD card is used to fill the gap to allow you to work ASAP.

Yes...uncle Sam is happy to add a new tax payer even before you get the GC.

[KayDeeCee 4,893]

The K-1 itself is NOT an authorization for employment (work.) It is a one-time permit to enter the

U.S. so the holder can marry their sponsor (the K-1 petitioner.)

Once arrived in the U.S. you have up to 90 days to get married - if not, you have to leave, just

like with a regular tourist visa (or VWP.) Getting married also does not give you any extra legal

status... you're still a tourist, just a married one

At that point, the K-1 holder has the right to "Adjust their Status" (AOS) from "non-immigrant visitor

with K-1 status" to permanent resident under conditions (to stay married to that person.)

UNTIL you receive the NOA from your AOS filing, you're basically still a tourist. So, no legal right

to accept employment (work.)

Once that NOA arrives, things DO change!

I know what you were trying to get across here, but just want to point out that the K-1 is not equal to a tourist visa and besides being eligible to apply for AOS if you marry within 90 days, someone that enters on a K-1 is eligible to file for an EAD right away. They can file for one under category (a )(6 ) before applying for AOS.

It would be a pointless waste of money to do it that way, but the K-1 entry does allow them to get an SSN right away and apply for an EAD before applying for AOS.

OP, yes you need the EAD along with the SSN to work legally while waiting to become a permanent resident.

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry.

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas