K1 AOS - Do I need EAD with authorized SSN?

[Molten 0]

My wife is applying for AOS now but we are not sure if she needs to apply for EAD as well. We went to the Social Security Office and obtained a SSN with authorization to work. We showed the SSA office her K1 visa and marriage certificate (K1 allows work authorization) and she was approved. Since you typically need the EAD to get the "authorized to work SSN", do we still need to submit the EAD now that we got the SSN?

 

She also got a job offer now pending the arrival of her SSN. Can she work immediately after receiving the card? Does she need to wait until she gets the EAD (if she needs to apply)?

 

Grateful to anyone who can help clarify this. 

[Ash.1101 1,755]

The authorization to work IS the EAD.

You can have a SSN WITHOUT the ability to work. You have to be able to prove you can work when you have a SSN, either by simply being a USC, or having a form of proof you can work such as a green card or EAD.


She will need to wait until she gets the EAD. EAD stands for Employment Authorization Document. The EAD -IS- the document required for the part where the SSN says "Work with DHS authorization". 

That doesn't mean she was authorized to work, it means she can work with DHS authorization, and again, EAD -IS- the DHS authorization.


Note, that if she has a job offer, you can contact USCIS and try to get an expedited EAD, but it still may take a little while to get it.

I hope this clears it up.

Edited March 23, 2017 by Ash.1101

[Becci391 339]

6 minutes ago, Molten said:

My wife is applying for AOS now but we are not sure if she needs to apply for EAD as well. We went to the Social Security Office and obtained a SSN with authorization to work. We showed the SSA office her K1 visa and marriage certificate (K1 allows work authorization) and she was approved. Since you typically need the EAD to get the "authorized to work SSN", do we still need to submit the EAD now that we got the SSN?

 

She also got a job offer now pending the arrival of her SSN. Can she work immediately after receiving the card? Does she need to wait until she gets the EAD (if she needs to apply)?

 

Grateful to anyone who can help clarify this. 

She CANNOT work without the work permit. She has to apply for EAD. Submit the I-765 together with the Green Card and the Travel Document (I-131).

As of right now it takes 3 to 4 months until the work permit will be send to her. I'm in the same boat as her.

[Georgia16 2,858]

She might also need an EAD to get her DL. 

[Dutchster 1,107]

What's on her social security card (Valid for work only with DHS authorization) means that it's only valid to use for work accompanied with an authorized employment card. File the I-765 petition along with the adjustment, that's the only way she is authorized to work in the US if she does not have a green card yet.

Edited March 23, 2017 by Dutchster

[SparklePony 238]

Are you sure her SSN card says it's valid for work? Does it have any sort of expiration date on it?

[Dutchster 1,107]

3 minutes ago, SparklePony said:

Are you sure her SSN card says it's valid for work? Does it have any sort of expiration date on it?

Since when do SSN cards have an expiration date? I never heard of that one before.

[SparklePony 238]

 I don't know if they do - hence my asking. 

 

I was under the impression a K1 could work at first (until marriage???), which is why they can apply for a SSN, though no one does it because then they enter a period where they can't work until the EAD comes in.

[Georgia16 2,858]

2 minutes ago, SparklePony said:

 I don't know if they do - hence my asking. 

 

I was under the impression a K1 could work at first (until marriage???), which is why they can apply for a SSN, though no one does it because then they enter a period where they can't work until the EAD comes in.

A K-1 can apply for a EAD as soon as they enter BUT it will expire when the I-94 does and since it takes 3-4 months to get it would not make sense to pay the money to get it and it would not come in time so yeah.

 

SSN can be used for many other things so that's why people get it right away.

[SparklePony 238]

Ah - that's what it is!!!! I knew there was something- just got it wrong!

 

Totally agree on the usefulness of the SSN. 

[Molten 0]

Thank you for all the response here. I still need some additional info/debunking to put my mind at ease. Please bear with me. No matter the answer, I will still submit the EAD.

When her SSN was approved, I asked the rep whether or not she is authorized to work and she said yes. My wife has yet to receive the card (in a week). At this point, I am trying to figure out if she can legally begin work.

 

I checked the SSA website (https://secure.ssa.gov/poms.nsf/lnx/0110211420#g) and it says K-1 holder is authorized to work in the U.S. without specific authorization from DHS .  They did note, however, employers may still ask for EAD (in my wife's case they just need the SSN). 

 

Thank you again!

 

 

[Georgia16 2,858]

10 minutes ago, Molten said:

Thank you for all the response here. I still need some additional info/debunking to put my mind at ease. Please bear with me. No matter the answer, I will still submit the EAD.

When her SSN was approved, I asked the rep whether or not she is authorized to work and she said yes. My wife has yet to receive the card (in a week). At this point, I am trying to figure out if she can legally begin work.

 

I checked the SSA website (https://secure.ssa.gov/poms.nsf/lnx/0110211420#g) and it says K-1 holder is authorized to work in the U.S. without specific authorization from DHS .  They did note, however, employers may still ask for EAD (in my wife's case they just need the SSN). 

 

Thank you again!

 

 

It say non-immigrants. It's not the category your wife is in. She will not be allowed to work without the EAD and if she does it will be illegal.

 

when the card comes it will have the saying in the top about the DHS 

[Dutchster 1,107]

We, K1 visa holders, are eligible to work as long as we have a valid employment authorization document. That's why they ask you upon applying for a SSN if you are allowed to work in the US. And yes we are, but with the right documents. 

 

Your wife cannot work only on her SSN. That's why it'll say it's only valid for work with DHS authorization (the EAD). 

Edited March 23, 2017 by Dutchster

[Ash.1101 1,755]

Just as a curiosity question:


Your wife does know that once her I-94 expires, that she won't be legally able to work even while waiting for AOS correct? And if she is working that it will be illegal? Is the company okay with letting her work for a month and then having to wait for her EAD/GC?


Even when work is authorized for the K-1, it is ONLY for the 90 days allowed in the US. Once your 90 days is up, you are NO LONGER in K-1 status, you are either out of status (didn't apply for AOS) or in a state of legal presence while you wait for the I-485 to adjudicate. 

[dynellep 0]

2 hours ago, Georgia16 said:

She might also need an EAD to get her DL. 

Depends on the state. We just needed a note from social security and her passport with current visa. They only catch is that it will expire with her visa but when we receive the noa for the I-485 they will remove the restriction. Have social security put your current address on the letter, that served as proof of address.