EOD Required for K-2 minor?

[Mello3 44]

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?

[Ontarkie 14,712]

~~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. 

[Boiler 46,651]

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.

[Ontarkie 14,712]

  On 12/30/2023 at 11:58 PM, 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.

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

[Mello3 44]

  On 12/30/2023 at 11:51 PM, 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. 

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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.

[Mello3 44]

  On 12/31/2023 at 12:16 AM, Ontarkie said:

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

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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.

[powerpuff 6,749]

  On 12/31/2023 at 12:40 AM, 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.

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K1 can, K2 cannot.

[Mello3 44]

  On 12/31/2023 at 12:53 AM, powerpuff said:

K1 can, K2 cannot.

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

[powerpuff 6,749]

  On 12/31/2023 at 1:01 AM, Mello3 said:

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

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Yes.

[Ontarkie 14,712]

  On 12/31/2023 at 12:43 AM, 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.

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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. 

  On 12/31/2023 at 1:01 AM, Mello3 said:

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

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

[mam521 2,378]

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.