Legally working while waiting for Green Card

[Whodey 9]

My wife (K1 Visa) had an appointment with Social Security today and applied for a SSN. The representative at SSA says we should expect a SSN within a few weeks. The rep also said that once we receive the SSN she can legally work. Our Immigration Lawyer has been telling us for the last 2 years that she won't be able to work until she gets her Green Card. Now I'm not sure what to believe. Can someone please clarify. It would be huge if she can legally work while waiting for her Green Card. 

[K1visaHopeful 2,817]

A K1 cannot work without EAD or GC.

SSA agents aren't the brightest.

[SalishSea 17,836]

9 minutes ago, Whodey said:

My wife (K1 Visa) had an appointment with Social Security today and applied for a SSN. The representative at SSA says we should expect a SSN within a few weeks. The rep also said that once we receive the SSN she can legally work. Our Immigration Lawyer has been telling us for the last 2 years that she won't be able to work until she gets her Green Card. Now I'm not sure what to believe. Can someone please clarify. It would be huge if she can legally work while waiting for her Green Card. 

Nope.   She cannot work until she receives her EAD, which is why her new SS card will say “not valid for work without DHS authorization.”

 

EAD/AP is currently taking around 8 months, a noted drawback of the K-1.

[Crazy Cat 41,886]

13 minutes ago, Whodey said:

My wife (K1 Visa) had an appointment with Social Security today and applied for a SSN. The representative at SSA says we should expect a SSN within a few weeks. The rep also said that once we receive the SSN she can legally work. Our Immigration Lawyer has been telling us for the last 2 years that she won't be able to work until she gets her Green Card. Now I'm not sure what to believe. Can someone please clarify. It would be huge if she can legally work while waiting for her Green Card. 

If the SSA rep said that, it should be reported because it is 100% false.  A SSN does not authorize work.  Your wife must have a valid Green Card or valid EAD for work authorization. 

[Crazy Cat 41,886]

Inability to work until receipt of a valid EAD is one of the disadvantages of a K-1.  If working immediately was a priority, then perhaps a CR-1 would have been a better option.  Good luck.

[Boiler 45,525]

To be fare there would be no reason for the rep to know about the delay issues getting an EAD, and a K1 is work eligible for 90 days. The evidence is the tricky bit.

[arken 4,197]

44 minutes ago, Whodey said:

The rep also said that once we receive the SSN she can legally work

SSN rep can only talk on SS behalf. I am pretty sure the person meant you can work once you get the SSN but of course you have to abide by what it says on the card "employment by DHS authorization only". 

[belinda63 3,038]

SS card will be stamped with something about needing work authorization. So the SS card in and of itself will not be valid for work, an ead or a green card will be needed.

[powerpuff 6,705]

~ Moved from AOS K1/K3 to Working & Traveling during US immigration ~

[millefleur 5,046]

2 hours ago, Whodey said:

Our Immigration Lawyer has been telling us for the last 2 years that she won't be able to work until she gets her Green Card.

Well, the lawyer is a bit off: she can work once she gets the EAD card. Hence the name "employment authorization document" - there's no need to wait out for the GC to work but you need EAD. It sort of looks like a GC but it's a separate card that gets issued while waiting for the GC to process.

 

Without this card, work is a no go. She can possibly study or volunteer, though, while waiting for EAD.

[Demise 1,289]

6 hours ago, Whodey said:

My wife (K1 Visa) had an appointment with Social Security today and applied for a SSN. The representative at SSA says we should expect a SSN within a few weeks. The rep also said that once we receive the SSN she can legally work. Our Immigration Lawyer has been telling us for the last 2 years that she won't be able to work until she gets her Green Card. Now I'm not sure what to believe. Can someone please clarify. It would be huge if she can legally work while waiting for her Green Card. 

She can't work until she gets her EAD as a part of her adjustment application. It takes like 6-8 months for that to get issued. Include form I-765 under category code (c)(9)( ) when you file I-485. I-765 filed with or while I-485 is pending are free.

 

Like, absolutely, technically speaking, K-1s are authorized to work incident to status for the 90 days they're admitted for as per 8 CFR 274a.12(a)(6), however until she gets an EAD in hand she's just got no documents to prove employment authorization. So the representative in SSA isn't completely but just mostly wrong. Moreover, even though this regulation exists, nobody really uses it these days because getting an A06 EAD takes longer than the 90 day admission period. Even when USCIS was faster in approving I-765s nobody used it since best case scenario you'd get an EAD valid for a few days.

Edited December 14, 2021 by Demise