I-765 and Social Security Number

[alaskanicelander 2]

VJ Forum,

I am pretty sure I didn't type my search topic correctly, because I am sure someone else has asked this before.  My new wife came over on a K-1 visa, we have our AOS appointment on Monday, however I am debating on whether or not to do the I-765 (checklist doesn't say I need to), also I just got in the mail yesterday a letter stating my wife will get her card in 2 weeks.  So what is stopping her from applying for a job once she has the number?  That is all an employer cares about...so my question is do I need to fill out a I-765 and why?

Thanks Everyone!

[Diana & Justin 108]

When did you apply for her AOS? You should have applied for her work permit with the AOS form.

If you are already having a interview, then when she gets her green card she wont need EAD.

 

[geowrian 22,337]

* Moved from K-1 Progress Reports to AOS From K1. The OP's situation appears have completed the K-1 phase and is undergoing AOS *

 

An I-765 is to apply for an EAD. That takes ~4-6 months for processing.

 

It sounds like you already had your interview and got an approval notice. Right?

If so, there's no need for an EAD (and no basis to apply for one as your I-485 is no longer pending). The green card is evidence of her work authorization already.

 

She can apply for a job anytime. She won't be able to actually work until she can meet the I-9 requirements that an employer will make her complete (there are very limited exceptions to this). The green card will act as both her identity and work authorization document for the I-9.

An SSN is necessary to process payroll. She can apply for an SSN using a green card to show her work authorization.

[treppenwitz 78]

23 minutes ago, alaskanicelander said:

So what is stopping her from applying for a job once she has the number?

Both the card and number are restricted:

23 minutes ago, alaskanicelander said:

My new wife came over on a K-1 visa, we have our AOS appointment on Monday

After the interview ask for an I-551 stamp in the foreign passport:

Or she can wait for the Green Card. Both are List A documents: https://www.uscis.gov/i-9-central/acceptable-documents/list-documents/form-i-9-acceptable-documents

I recommend to also go to the Social Security office with one of the above and remove the restriction.

5 minutes ago, geowrian said:

It sounds like you already had your interview and got an approval notice. Right?

Almost. AOS interview is upcoming Monday.

Edited May 9, 2019 by treppenwitz

[geowrian 22,337]

Just now, treppenwitz said:

Almost. AOS interview is upcoming Monday.

I figured that was a typo as they also said " I just got in the mail yesterday a letter stating my wife will get her card in 2 weeks." 🤷‍♂️

[treppenwitz 78]

1 minute ago, geowrian said:

I figured that was a typo as they also said " I just got in the mail yesterday a letter stating my wife will get her card in 2 weeks." 🤷‍♂️

I assumed that card is the SSN card.

 

Either way, OP should clarify.

Edited May 9, 2019 by treppenwitz

[geowrian 22,337]

3 minutes ago, treppenwitz said:

I assumed that card is the SSN card.

 

Either way, OP should clarify.

Ah, that would kinda make sense. But I'm not sure how they even got the card but didn't file an I-765 (I'm assuming their 76 day window to apply under K-1 status expired long ago).

Edited May 9, 2019 by geowrian

[Naes 12,205]

54 minutes ago, geowrian said:

Ah, that would kinda make sense. But I'm not sure how they even got the card but didn't file an I-765 (I'm assuming their 76 day window to apply under K-1 status expired long ago).

It sounds like ssn. Many thinks just ssn is enough to work in USA.

[Shiran 1,134]

1 hour ago, alaskanicelander said:

we have our AOS appointment on Monday,

What do  you mean by this? Your AOS interview? In that case I wouldn't worry about I-765, at you are about to get Green Card.

[alaskanicelander 2]

Sorry for the confusion everyone,  I thought after reading the USCIS website that the I-485 appointment is also an AOS appointment.  Let me clarify.  We applied at our Social Security office for a card after just 30 days here in Alaska.  We have an I-485 appointment Monday and I saw on some websites that I can also submit the I-765 (optional).  A few days ago I received a letter from Social Security that her card will be issued in 2 weeks.  I believe Treppenwitz answered my poorly worded question...I will get a card, but with limitations

 

Thanks everyone

[Ayrton 965]

22 minutes ago, alaskanicelander said:

Sorry for the confusion everyone,  I thought after reading the USCIS website that the I-485 appointment is also an AOS appointment.  Let me clarify.  We applied at our Social Security office for a card after just 30 days here in Alaska.  We have an I-485 appointment Monday and I saw on some websites that I can also submit the I-765 (optional).  A few days ago I received a letter from Social Security that her card will be issued in 2 weeks.  I believe Treppenwitz answered my poorly worded question...I will get a card, but with limitations

 

Thanks everyone

 

You have the interview appointment or the biometrics appointment?

 

Either way, when you applied for AOS, you could've applied for EAD (work permit) and AP (travel permit) because they usually come before the green card. If you didn't do that, you can still apply for them, or wait for the green card to start working.

Edited May 9, 2019 by Ayrton

[treppenwitz 78]

22 minutes ago, alaskanicelander said:

We have an I-485 appointment Monday...

Which one?

Biometrics notice:

Or; interview notice:

[geowrian 22,337]

24 minutes ago, alaskanicelander said:

Sorry for the confusion everyone,  I thought after reading the USCIS website that the I-485 appointment is also an AOS appointment.  Let me clarify.  We applied at our Social Security office for a card after just 30 days here in Alaska.  We have an I-485 appointment Monday and I saw on some websites that I can also submit the I-765 (optional).  A few days ago I received a letter from Social Security that her card will be issued in 2 weeks.  I believe Treppenwitz answered my poorly worded question...I will get a card, but with limitations

Yes, you will get an SS card / SSN. That card will require an EAD to actually work. The I-765 will grant an EAD once approved. Employers will need to see the EAD for the I-9.

Once she gets a green card, she can use that...no more need for the EAD.

I also suggest filing an I-131 for AP so she can travel abroad and return (once approved). There's no additional fees for either the I-131 or I-765 when filed alongside or due to an I-485.

 

Just to clarify, the I-485 is AOS. The wildly overly simplified process is:

1) File I-485 packet

2) Biometrics obtained at an ASC.

3) Interview

 

While not exactly pertinent to your question anymore, which step are you on / between in the list above? This may help with future questions.

Or alternatively update your VJ timeline.  

Edited May 9, 2019 by geowrian

[alaskanicelander 2]

Thanks again for the follow up explanations:

- Ayrton: this is the first AOS appointment for submitting the i-485

- Treppenwitz: First appointment...not biometrics (thanks for the checklist!)

- Geowrian: thanks for the explanation and the suggestions!  I'm on step 1. come Monday...VJ timeline updated

 

For everyone else, thanks and sorry for the lack of detail in my post.

[treppenwitz 78]

8 minutes ago, alaskanicelander said:

Thanks again for the follow up explanations:

- Ayrton: this is the first AOS appointment for submitting the i-485

- Treppenwitz: First appointment...not biometrics (thanks for the checklist!)

- Geowrian: thanks for the explanation and the suggestions!  I'm on step 1. come Monday...VJ timeline updated

 

For everyone else, thanks and sorry for the lack of detail in my post.

The I-485 packet* can only be filed by mail, not in person. The packet is to be sent to the Chicago Lockbox: https://www.uscis.gov/i-485-addresses

 

*It's recommended to also include Form I-765 and Form I-131. Both forms are free to file in her case.

Edited May 9, 2019 by treppenwitz