SSN/EAD

[kittylove 0]

Hi all:

My Fiancee(now wife) arrived a few weeks ago and we were married shortly thereafter. She wants to start working but I am confused on how to do this. The confusion is because we went and applied for a SSN for her and she will get that card within the next week or so. My understanding is a K1 allows you to work legally. This seemed confirmed for me when we went to the SS Office and said she could work and there would not be a restriction on her card. Now here is where my confusion kicks in....everything I read here on VJ is stating that she needs to file the EAD before she can work. We have not submitted the AOS yet but will be soon. Obviously I want to find out if the EAD has to go along with it or just her SSN will do. Am I making any sense here? Any experience anyone might have or basic advice you could offer me would be most appreciated. Thank you all.

Matt

[ready4ONE 5,400]

Hey Matt,

Sherryl came through New York, so she likely got the work authorized stamp on the back side of her I-94. It is just a simple red line stamp that says Employment Authorized, and then will have a hand written date on one end of it.

From our discussion, it does sound like at one point any K-1 with an unexpired I-94 was automatically work authorized. See this thread:

http://www.skyweb.net/~rlls/ssn/

But at some point, when the I-94 expires, Sherryl will need to have and EAD card or Green Card to keep working. By filing for, and paying the fee for the EAD, she can make an info pass appointment and get a renewal work authorization stamp by showing proof of having filed for her EAD card. So by filing properly for the EAD there need not be any interuption in her ability to work.

Also, her Social Security Card will be clearly marked "VALID FOR WORK ONLY WITH DHS AUTHORIZATION."

Simply being a K-1 visa holder may or may not truly be Work Authorized, the memo that got you confused does seem to imply it though. But that would also only be for the first 90 days after her I-94 was issued if so.

Good luck!

[StormnRolly 0]

Congratulations on your wedding. Your wife needs to be able to show work authorization so an EAD stamp or card is necessary. SSA will issue a card because there is some sort of glitch in the system they have that says that K-1's are work authorized "with DHS documentation". As a K-1 it is pretty much useless to file an EAD because it is only good for the length of the I-94 so 90 days and EAD takes about how long to get....... that's right 90 days. So your best bet is to just file for AOS and EAD at the same time if you want the insurance the EAD application provides. Her SSN will remain the same though and once she has her Green Card she can return to the SSA office and have them remove the restrictive wordings on it.

Good luck,

Kristina