K1 AOS - Do I need EAD with authorized SSN?

[Suss&Camm 2,213]

4 hours 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!

 

 

The reason you are confused is because there are two rule books at play here.

K1's are allowed to work per class of admission by social security administration regulations. As others have mentioned, this is why we are allowed to apply for a SSN. However, by immigration regulation everyone that does not have a green card yet, needs an employment authorization document (EAD), to be allowed to work. That's why there is going to be a note about this on the SSC ("valid for work with DHS authorization only" also as mentioned)

When she takes a job, she will be verified using e-verify. This program verifies against BOTH DHS and SSA. If either comes up as a non-confirmation, one is ineligible to take the job until resolved.

Edited March 23, 2017 by Suss&Camm

[Georgia16 2,858]

4 hours ago, dynellep said:

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. 

That's why I wrote might

[Becci391 339]

I don't want to sound rude but why don't you want to accept the fact that your wife IS NOT ALLOWED to work until she has her work permit? 

There a so many other people, including me, who would love to work, but we can't. Simply we all have to wait for our EAD to be approved and your wife won't be an exemption.

I'm sorry but she has to wait unless she wants to do something illegal and take the risk to lose her status plus risking it to get deported. If that's what you want then do it.

 

Over and out!

 

 

[yuna628 9,665]

OP: I promise and assure you that unless your wife has an SSN and work authorization either in the form of the EAD or the green card in her hands, then not only would she be working illegally but any employer that hires her would be doing a very wrong thing. Everything must be done by the book legally, so you'll have to wait for the EAD. There's paperwork and standards the HR must adhere to in the hiring of immigrants, so if they attempt to hire her without her having proper authorization, this would be extremely shady indeed.

 

You will need to also return to the SSA to update her SSN card once you receive the green card. The ''work with DHS authorization only'' language will be removed, and the new SSN card will look exactly as any other.

Edited March 23, 2017 by yuna628

[Mollie09 1,543]

K-1s can apply for EADs and work before their AOS.

The application takes up to 90 days (not usually much less than 90) to process, and the EAD will expire when the I-94 expires, which is 90-days from when they entered as a K-1. See the problem?

 

Just apply fro the EAD during AOS and wait for that to start working.

[Molten 0]

17 hours ago, Suss&Camm said:

The reason you are confused is because there are two rule books at play here.

K1's are allowed to work per class of admission by social security administration regulations. As others have mentioned, this is why we are allowed to apply for a SSN. However, by immigration regulation everyone that does not have a green card yet, needs an employment authorization document (EAD), to be allowed to work. That's why there is going to be a note about this on the SSC ("valid for work with DHS authorization only" also as mentioned)

When she takes a job, she will be verified using e-verify. This program verifies against BOTH DHS and SSA. If either comes up as a non-confirmation, one is ineligible to take the job until resolved.

This response takes the money. I initially thought that a work authorized SSN comes after your EAD is approved which made me question why I would need the EAD if I got the SSN. I was trying to get my head around the "two rule books" here. Thank you so much for all the responses! 

[Dashinka 24,372]

5 minutes ago, Molten said:

This response takes the money. I initially thought that a work authorized SSN comes after your EAD is approved which made me question why I would need the EAD if I got the SSN. I was trying to get my head around the "two rule books" here. Thank you so much for all the responses! 

Your wife will not be able to get the DHS note removed until she receives her GC.  Until then as others have said, you need the SSC and the EAD to work legally.

 

Good Luck!

[Georgia16 2,858]

On 23. marts 2017 at 1:37 AM, SparklePony said:

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

Not expiration date but it does have an issued date on it.