SSN insists on EAD

[Rodney1 4]

Everything I read here says a K-1 visa holder does NOT need an EAD to apply for a Social Security card. But we went to a SS office this morning, and the woman insisted that we needed an EAD!  GRRR. I may try a different SS office tomorrow. But has anyone else faced this issue? (We want a SS number to get a California ID.)

[TBoneTX 45,284]

Thread is moved from the K-1 Process forum to the Social Security Numbers subforum -- OP is past the K-1 stage.

[Eva_AJ 80]

9 minutes ago, Rodney1 said:

Everything I read here says a K-1 visa holder does NOT need an EAD to apply for a Social Security card. But we went to a SS office this morning, and the woman insisted that we needed an EAD!  GRRR. I may try a different SS office tomorrow. But has anyone else faced this issue? (We want a SS number to get a California ID.)

Are you already married? As this seems to be issue that I saw on here. That is why its better to get SSN before marriage, after they require at least EAD

[Cryssiekins 976]

Depends on the timing.  If the i94 is still valid, that is enough to get the SSN.

 

If the i94 is expired (ie. the 90 days have lapsed) then you need to wait for an EAD/AP or GC.

[Rodney1 4]

No, we are NOT yet married.

No, the I94 is NOT expired. Entered the U.S. just 16 days ago.

 

[Eva_AJ 80]

1 minute ago, Rodney1 said:

No, we are NOT yet married.

No, the I94 is NOT expired. Entered the U.S. just 16 days ago.

 

In that case try different office, your fiancé has the right for SSN. Print the page that is on the guide here that shows that K1 holders can obtain SSN

[Just Paul 4,595]

You can check if her I-94 is in the save database.  I think that is what SSA uses to verify eligibility.   We, albeit a CR-1, had an issue like yours where they could not verify.  We did a land crossing from Mexico.

 

https://www.uscis.gov/save/casecheck

[Rodney1 4]

The SSA woman agreed that a K-1 visa holder could get a SSN, but she insisted that we needed an EAD.

 

[Ryanmaria2018 186]

32 minutes ago, Rodney1 said:

Everything I read here says a K-1 visa holder does NOT need an EAD to apply for a Social Security card. But we went to a SS office this morning, and the woman insisted that we needed an EAD!  GRRR. I may try a different SS office tomorrow. But has anyone else faced this issue? (We want a SS number to get a California ID.)

You are correct you DO NOT need a EAD card to get a social security card. My wife filed for one 2 weeks after she arrived here last September and she got her ss card a month later. Someone there is giving you some wrong information so I would definitely go to another ss office and get her application processed as soon as possible.

 

[Cryssiekins 976]

4 minutes ago, Rodney1 said:

The SSA woman agreed that a K-1 visa holder could get a SSN, but she insisted that we needed an EAD.

 

Aw man, I’m sorry.  If you’re not yet married with a valid i94, then there should have been no issue applying for the SSN.  You seem to have got someone that isn’t familiar and didn’t look it up or get help.

 

When you go back - make sure they do the application.  Even if you have to request a supervisor.  Especially because it’ll be another 2-3 hours of your time.  

[Ryanmaria2018 186]

24 minutes ago, Rodney1 said:

No, we are NOT yet married.

No, the I94 is NOT expired. Entered the U.S. just 16 days ago.

 

Okay well you should be fine then so go to another ss office and get the application filled out and she should receive her card within a month. Once her card comes in it will say Valid with work only with DHS Authorization or the EAD card. Meaning she won't be able to work until you are approved for the I-765 Authorization for employment form along with the Adjustment of status form I-485 form, Advance Parole form I-131, and then the affidavit of support form I-864 form and a ridiculously low fee of $1,225.00. Hope that helps.

 

 

[Celie 793]

32 minutes ago, Rodney1 said:

No, we are NOT yet married.

No, the I94 is NOT expired. Entered the U.S. just 16 days ago.

 

Try a different office. My husband was able to request his a couple of hours after we got married so it shouldn't be a problem. He had been here 10 days when we applied for him.

[geowrian 22,337]

Also refer them to their POMS:

https://secure.ssa.gov/poms.nsf/lnx/0110211530

[Rodney1 4]

Success! Today we went to a different Social Security office, and they said nothing about needing an EAD.  They took all the information, and said we would receive the Social Security card in the mail.

[Rodney1 4]

I forgot to mention: It's been 17 days since entering the U.S., but the Social Security clerk could NOT pull up the immigration record to verify the passport and I-94 information. I think government staff cuts are slowing down everything!