no EAD needed for SSN

[hello28 0]

I've heard that before my wife (here on a K-3 Visa) can get a SSN, she needs to have an EAD. But some people I heard from said she doesn't need an EAD. So I called the national SSN customer help line, and they said that she should be able to get her SSN with just her foreign passport, I-94, and that she doesn't need her EAD. Is this correct? I'm in California so I don't know if that makes a difference.

Thanks.

[I'm Gone 60]

I've heard that before my wife (here on a K-3 Visa) can get a SSN, she needs to have an EAD. But some people I heard from said she doesn't need an EAD. So I called the national SSN customer help line, and they said that she should be able to get her SSN with just her foreign passport, I-94, and that she doesn't need her EAD.

Wrong Wrong Wrong!!!

http://policy.ssa.gov/poms.nsf/lnx/0100203500

RM 00203.500 Employment Authorization for Nonimmigrants

C. Policy - Employment Authorization by Class of Admission

2. Aliens Who Require an EAD From DHS Authorizing Employment

The following lists nonimmigrants, by alien classification, who are authorized to work with authorization from INS. Employment authorization must be shown on an EAD.

K-2 -- Child of K-1 (provision of law: 274a.12(a)(6))

K-3 -- Spouse of U.S. Citizen (provision of law: 274a.12(a) (6))

K-4 -- Child of K-3 (provisions of law: 274a.12(a))

[Jasman0717 9]

Claudeth got her SSN before the AOS/EAD was even filed.

[Kez/JWolf 6]

jasman0717

Claudeth came on a K1 and K1 dont need EAD to get SSN

The OP is a K3 and they do need EAD to get SSN.....

Kezzie

[germangel 0]

Grant, that is true for K1.

Since your wife is K3 she will need EAD.

Sorry! Is she in the US yet or still on her tour through mexico?

[Chris W 0]

You can get a SSN without an EAD, however when you get your social security card it will say "Not valid for work" on it!

[ofelya_tr 0]

K3 and K1 different at this point!!!!!!!

If you have K3 you have to wait for SSN until you get your EAD.

but if you have K1 you get your SSN withour EAD.

they are different. Its very interesting but thats it....

[kaydee457 13]

You can get a SSN whether or not your a K1 or K3. The card will simply state "not valid for employment without Authorization" (paraphrase)....

[I'm Gone 60]

You can get a SSN without an EAD, however when you get your social security card it will say "Not valid for work" on it!

The following are valid nonwork reasons:

-- Receive Social Security benefits

-- Receive Medicaid

-- Temporary Assistance for Needy Families (TANF)

-- Food Stamps

-- State/Local General Assistance Benefits

RM 00203.510 Alien without Work Authorization - Nonwork Need for an SSN:

http://policy.ssa.gov/poms.nsf/lnx/0100203510

You can get a SSN whether or not your a K1 or K3. The card will simply state "not valid for employment without Authorization" (paraphrase)....

SSA will not assign an SSN or issue a card to an individual that is within 14 days of his or her alien status expiring. Until the 76th day after entry an individual with K-1 status only needs to provide an unexpired I-94 showing current K-1 status to establish employment authorized status for SSN purposes.

Once, an individual with K-1 status has been in the United States 76 days he or she will need another document, i.e. I-551, I-688B or I-766 to establish employment authorized status for SSN purposes.

From day one of entry into the United States, individuals with K-3 status must present an I-688B, I-766 or I-551 to establish current lawful employment authorized status.

RM 00203.500 Employment Authorization for Nonimmigrants:

http://policy.ssa.gov/poms.nsf/lnx/0100203500#C

RM 00203.410 Evidence of Alien Status for an SSN Card for an Alien Lawfully Admitted for Permanent Residence:

http://policy.ssa.gov/poms.nsf/lnx/0100203410

[germangel 0]

no you can't. How would all the K3s not know about it, if this was true?? Unless you can give reasons why you need a SSN, you can't get one on K3. The reasons you can give all don't apply for K3 so no, you can't get one for K3 before EAD.

K1 yes

K3 no

You can get a SSN whether or not your a K1 or K3. The card will simply state "not valid for employment without Authorization" (paraphrase)....

[internetkafe 0]

You can get a SSN without an EAD, however when you get your social security card it will say "Not valid for work" on it!

Yeah..but you need to show them some valid reason why you have to have SSN. Valid reasons like federal aid, medicaid etc. but you do not qualify for any of those since you are an immigrant who came here with an Affidavit of Support. And they do not give SSN for tax filing purposes either.

You can try and go get a SSN but I think they will not give it to you. It will only cause frustration.

[anya-D 8]

I would just go to the SS office if it's not too far away... get everything ready in hand and apply - I did this (the SS office is very close ) and got the answer from them myself... ^^

for me.. I'm a K-1 but my I-94 expried before I apply to change my name on my SSC (if it wasnt expired they would changed it for me right away) so i needed my EAD becasue of that - I'm not sure if it's the same thing as to apply...

[nice_man 0]

I find it hard to believe that getting a SSN is so difficult. 'Course maybe I was the exception to the rule **shrugs**.

Back in '99 I came to the USA (from Canada) as a student. Now this was several years ago and my memory sucks... but I think that there was some arrangement with the college that I was attending where (because I wasn't legally authorized to work off-campus) they would deduct money off my tuition in exchange for work done on campus for them.

Again, I'm a bit fuzzy on the details, but that's how I remember it. Apparently it was a good enough reason for me to be able to get a SSN too, because I went down to the local Social Security office and easily obtained a SSN shortly thereafter. Like a poster has already mentioned, it just says on my SSN that it's only valid with INS work authorization. Getting an EAD in the near future should solve that problem.

At the time I didn't have a visa to be in the country - apparently I didn't need one as a student back then. I certainly wasn't a resident either. And yet I got a SSN within several weeks of arriving in the USA. How much easier could it have been for me?

Now, I ended up dropping out of that college later on, but little did I know that I would move to the USA later on in life and not have to worry about getting a SSN then. I've used it on all of my application forms, right from the start - its been handy.

Edited April 12, 2006 by nice_man

[germangel 0]

student...again a completely different thing.

[I'm Gone 60]

How much easier could it have been for me?

Not so easy anymore

SSA will not assign an SSN to any F-1 student unless the student has:

-- Evidence of on-campus work from the designated school official (DSO)

AND evidence of employment from the on-campus employer; OR

-- Specific work authorization from the Department of Homeland Security

(DHS) in the form of an employment authorization document (EAD); OR

-- Authorization for curricular practical training (CPT) as evidenced on

the employment page (page 3) of the student's Form I-20 A-B,

Certificate of Eligibility for Nonimmigrant (F-1) Student Status.

This is in addition to the other evidentiary requirements that an F-1 student provide proof of age, identity and legal immigration status.

Form I-94 showing current F-1 status establishes evidence of immigration status and the SEVIS Form I-20 A-B, “Certificate of Eligibility for Nonimmigrant Student Status” is evidence of maintaining student status.

If a student transfers to a different school after admission to the United States, he/she must have an I-20 from the new transfer school. The new I-20 will not have a DHS stamp on it but will show the “transfer completed” date in item 9 “Remarks” of the I-20.

For general on-campus employment a student who does not have an Employment Authorization Document (EAD), i.e. I-766 or I-688B, must submit:

(1) Evidence from the school the F-1 student attends that identifies the

on-campus employer and the nature of the on-campus employment, i.e.,

a letter from the DSO.

The letter is to be on school letterhead, which includes the DSO’s original signature. It should also show the printed/typed name and telephone number of the DSO along with the date the letter or statement is signed. The letter can be a form letter as long as the student’s name and student-specific information about the employer and nature of the employment are original entries by the DSO. We cannot accept a letter that does not have an original signature or that lists more than one student.

The letter or statement must:

-- Identify the student by name,

-- Identify the on-campus employer (e.g., book store, cafeteria, biology

department, library, etc.) and

-- Describe the nature of the on-campus employment (e.g., waiting tables

in the cafeteria, stocking shelves in the library, monitoring lab

experiments, etc.).

AND

(2) Verification of the on-campus employment:

-- Recent Pay Slip or Stub

-- Letter from Employer

The letter or statement verifying on-campus employment should include the following information:

-- Identity of student employee

-- Job description

-- Anticipated or actual employment start date

-- Number of hours the student is expected to work

-- Employer identification number (EIN)

-- Employer contact information, including the telephone number and the

name of the F-1 student’s immediate supervisor

-- Original signature

-- Signatory’s title

-- Date.

Employment verification must come from another source other than the DSO, e.g., the department or payroll official that issues the paycheck and is responsible for wage reporting.

IMPORTANT: In lieu of two (2) separate documents as described above, the school also has the option to submit one (1) piece of documentation from the on-campus employer, as long as the DSO signs off on the employer statement.

In this case, the DSO must clearly sign and print his or her name on the employer statement, provide a telephone number, and date the signature. The employer statement will contain the same information that the DSO would have provided in a separate DSO letter; namely, the employer name, name of student and the nature of the student’s on-campus job. The DSO signature will confirm that the student is in good academic standing and can work for the particular employer providing the statement.

For curricular practical training (CPT), SSA accepts as proof of work authorization the DSO’s annotations on page 3 (employment page) of the I-20. The I-20 must be signed with an original DSO signature, dated, and show:

-- training is full-time or part-time;

-- employer name and location; and

-- employment start and end dates.

A DSO letter, pay stub or other verification of employment is not needed to establish CPT work authorization.

To be assigned an SSN and issued an SSN card that is valid for off-campus work, an F-1 student must have an EAD issue by DHS. The employment page (page 3) of the I-20 will be annotated by the DSO to show employment information.

Normally, a card should be received card in the mail two weeks after the application and documents have been received and verified.

When an alien requests an SSN or replacement SSN card, SSA will verify his or her documents and current status with DHS.

Applicants with F-1 status that have been in the U.S. for at least 10 calendar days and for whom online Systematic Alien Verification for Entitlements (SAVE) data is not available, the Social Security office will fax a request for verification of status to the Los Angeles Immigration Status Verification unit in California (LOS ISV), using Form G-845. The LOSISV unit should respond within 5 business days by faxing back completed G-845s to the requesting Social Security office. The Social Security office should call the LOSISV if no response is received after 5 days.

Exception: If an F-1 student has been issued an employment authorization document (EAD), i.e. I-688B or I-766, and the online SAVE query response does verify work authorized status, the local Social Security office should follow regular manual verification procedures and forward a G-845 to the local Department of Homeland Security status verification unit.

SSA may need to verify that the individual is attending a school approved by DHS to accept F-1 students. SSA may also contact the contact the school and/or employer to verify full-time school attendance and work authorization documents.