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Mello3

EOD Required for K-2 minor?

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Hello, 

 

After reading the quideline and searchign the forum I unfortunately do not have clarity on this one item and could use some assistance. My fiance camt to the US on the k-1 visa and with her my step son (k-2). In the guideline it states that when filing for them to receive an ssn, the k-2 will need a valid EAD from USCIS. He is 9 years old and will not be working for the forseeable future. To obtain the EAD we would have had to file the form I-765, Application for Employment Authorization along the way but never did or were aware we needed to prior to comign to the US. 

 

Is this just an oversight and not intended for minors nor intended to work and the EAD isnt really required?

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Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to AOS Family K1/K3, from K1 P&P- The OP is asking about the AOS stage~~

 

 

Mod hat off

 

K2 do indeed need the EAD to get a SSN. When starting the Adjustment of Status process you will apply for the EAD and AP. They are free to apply when you file to adjust status for mom and your stepson. Apply for it for both of them. 

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: K-1 Visa Country: Wales
Timeline

EAD is free so yes you apply for it.

 

I forget now if a K2 can like a K1 get a SSN after arrival, the way I read it either way you need a SSN so EAD is usually the quickest route to get it otherwise you are waiting for a GC.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Canada
Timeline
16 minutes ago, Boiler said:

EAD is free so yes you apply for it.

 

I forget now if a K2 can like a K1 get a SSN after arrival, the way I read it either way you need a SSN so EAD is usually the quickest route to get it otherwise you are waiting for a GC.

Sadly they cannot. They have to wait until the EAD comes in or CG.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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47 minutes ago, Ontarkie said:

~~Moved to AOS Family K1/K3, from K1 P&P- The OP is asking about the AOS stage~~

 

 

Mod hat off

 

K2 do indeed need the EAD to get a SSN. When starting the Adjustment of Status process you will apply for the EAD and AP. They are free to apply when you file to adjust status for mom and your stepson. Apply for it for both of them. 

I think I am even move confused now. I was under the impression that we could file for the ssn prior to fining for the AOS. I thought we could file 14 days after arrival, our wedding isnt until Feb.

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25 minutes ago, Ontarkie said:

Sadly they cannot. They have to wait until the EAD comes in or CG.

So neither can obtain a ssn until after filing the AOS? That is a little contrary to everything I have read about the k1 obtaining a ssn. I am completely blind about the k2 status of a minor since he will have a gc before he is old enough to work.

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12 minutes ago, Mello3 said:

I think I am even move confused now. I was under the impression that we could file for the ssn prior to fining for the AOS. I thought we could file 14 days after arrival, our wedding isnt until Feb.

K1 can, K2 cannot.

 

 

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8 minutes ago, powerpuff said:

K1 can, K2 cannot.

Thank you, do we have to get married before I can apply for adjustment of status for him?

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Filed: Citizen (apr) Country: Canada
Timeline
43 minutes ago, Mello3 said:

So neither can obtain a ssn until after filing the AOS? That is a little contrary to everything I have read about the k1 obtaining a ssn. I am completely blind about the k2 status of a minor since he will have a gc before he is old enough to work.

The K1 can and best to get that before getting married. The K2 needs to wait until you get married and file for AOS along with the EAD. Don't forget to apply for it, it's another form. 

24 minutes ago, Mello3 said:

Thank you, do we have to get married before I can apply for adjustment of status for him?

Yes, without getting married neither of them can adjust status. 

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: Citizen (apr) Country: Canada
Timeline

If you need a “number” for the minor for things like income tax and health insurance, apply for an ITIN. Once you’ve married and adjusted, apply for a SSN for your stepchild. 

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

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