One more time: K1, legal alien allowed to work...

[hplusj 114]

This could probably go into the SSN subforum but just in case, I'll post here. 

 

We are preparing for my fiance to arrive in September, and will be marrying the second week of October.  His employer wants to retain him but it's been made clear to them that his position/pay needs to be suspended until he is authorized to work again.  Here's the thing..

 

People have been very clear about K1 visas allowing individuals to apply for an EAD but that it's essentially useless to do so since it's only valid for 90 days.  I.. think it's attached to the validity of the i-94 travel record, if I recall correctly, and not to the marriage date.  Feel free to correct me if I'm getting this wrong.

 

We're going in to the SSA office to get his SSN shortly after he arrives in September.  We're prepared to supply evidence that he is an alien allowed to work.  Allowed.. not the same as authorized, if the above is correct.  So what is the point of getting the SSN early, if nobody uses it for an EAD?  Why is it so essential?  Even the SSA's non-citizen cheat sheet says it's not actually needed for bank accounts, etc.  I assumed it would be needed with proof of a K-1 so that taxes can be filed for any work done prior to marriage but.. that does not seem to actually apply.

 

And JUST to be clear.. if he gets his SSN, he still needs to wait until we file an I-765 and get his EAD until he can give the go ahead to his employer, yes?

[Lil bear 4,054]

Yes the EAD in hand will  be required before he can work

 Yes .. Any Authorisation to work based on K1 would be valid only for the 90 days … And the application would not be processed before this expires anyway 

SSN makes it easier to do bank account, state ID, get onto health insurance etc without having to battle with agents who aren’t familiar with the process or legitimacy of applying without SSN 

 

[hplusj 114]

3 minutes ago, Lil bear said:

Yes the EAD in hand will  be required before he can work

 Yes .. Any Authorisation to work based on K1 would be valid only for the 90 days … And the application would not be processed before this expires anyway 

SSN makes it easier to do bank account, state ID, get onto health insurance etc without having to battle with agents who aren’t familiar with the process or legitimacy of applying without SSN 

 

Oh that's right, we were thinking of doing a driver's license for him before the EAD so that would make sense, why a SSN would make that part easier.

Thanks for the clarification.  I think we've got the timing right, and it's so much easier when we don't have to worry about a name change for him.  For me to do it, will be so much easier.

Appreciate the speedy reply!

[Dashinka 24,088]

Follow your plan as laid out right now.  Have his employer provide a letter or something similar showing he has a job waiting for him, and file the AOS/EAD package ASAP as soon as you have the marriage certificate in hand (you can start getting the forms filled out now).  Then request an expedite for the EAD after you get the receipt NOA.  You can also contact your House member or Senator to help push the EAD expedite.  
 

Good Luck!

 

https://www.uscis.gov/forms/filing-guidance/expedite-requests

[hplusj 114]

55 minutes ago, Dashinka said:

Follow your plan as laid out right now.  Have his employer provide a letter or something similar showing he has a job waiting for him, and file the AOS/EAD package ASAP as soon as you have the marriage certificate in hand (you can start getting the forms filled out now).  Then request an expedite for the EAD after you get the receipt NOA.  You can also contact your House member or Senator to help push the EAD expedite.  
 

Good Luck!

 

https://www.uscis.gov/forms/filing-guidance/expedite-requests

Oh this begs another question then, would the reason for the expedite be loss of profit for the company? 

[Lil bear 4,054]

29 minutes ago, hplusj said:

Oh this begs another question then, would the reason for the expedite be loss of profit for the company? 

Probably not. But the applicant  having the job offer is !! 

[Dashinka 24,088]

41 minutes ago, hplusj said:

Oh this begs another question then, would the reason for the expedite be loss of profit for the company? 

It loosely falls under that category.  As a couple after marriage, it benefits you the USC if your spouse is able to work, and having a job waiting may help in expediting an EAD.

[carmel34 3,576]

3 hours ago, hplusj said:

we were thinking of doing a driver's license for him before the EAD

Check your state's requirements for a driver's license.  Most require EAD or green card so your plan may not work.

[Neonred 3,514]

Another point about getting the SSN early.  You have until the 76th day following the issue of the I-94 to apply for the SSN.  After that you will have to wait until the EAD is issued to apply.

[Boiler 44,824]

There was a time you could get an EAD stamp when you entered good for 90 days, or it took a few weeks to get an EAD.

 

The US does not have a National ID,  except SSN, and DL... It is just easier to get a SSN asap.

 

Seems they have now been hacked so that should be fun.

[ScarletWitch6x 49]

31 minutes ago, carmel34 said:

Check your state's requirements for a driver's license.  Most require EAD or green card so your plan may not work.

I would recommend actually talking to someone at the BMV in person or through email. I am preparing for my fiance to arrive (hopefully!) in December and was a bit dismayed when looking at the website that said you need the EAD or green card to get a license. The person I spoke to wasn't the most helpful, but they gave me options as to what documents to bring to get a conditional (non-renewable) license for my fiance. All things that are not found on the website. I have seen others say the same thing. 

[NorthByNorthwest 293]

7 hours ago, hplusj said:

We're going in to the SSA office to get his SSN shortly after he arrives in September.  We're prepared to supply evidence that he is an alien allowed to work.  Allowed.. not the same as authorized, if the above is correct.  So what is the point of getting the SSN early, if nobody uses it for an EAD?  Why is it so essential?  Even the SSA's non-citizen cheat sheet says it's not actually needed for bank accounts, etc.  I assumed it would be needed with proof of a K-1 so that taxes can be filed for any work done prior to marriage but.. that does not seem to actually apply.

 

And JUST to be clear.. if he gets his SSN, he still needs to wait until we file an I-765 and get his EAD until he can give the go ahead to his employer, yes?

 

I was in the exact same situation, stayed with the same employer but switched countries - having an offer made zero difference so I got to spend 4+ months at the time practicing yoga and exercising more than I ever had before (or since... :)).

Having an SSN early is a good idea like everyone already mentioned, even if it is not strictly required, it makes sure your records at the various reporting agencies don't get messed up. For example, everyone knows about the big three credit bureaus that screen for credit scores, but there are plenty of others like ChexSystems that track bank accounts - the sooner you have everything mapped to your SSN the less chance of issues later on.

As an example I signed up for an AT&T phone plan as soon as I arrived before I had a valid SSN, so they input a placeholder. 7 years later this still causes issues every time I need to do anything with that plan such as order a new phone. They can probably fix it if I spend enough time on it with an employee that has the right level of access, but so far that has proved elusive...

[hplusj 114]

4 hours ago, carmel34 said:

Check your state's requirements for a driver's license.  Most require EAD or green card so your plan may not work.

No worries, I've already spoken with a rep at our DOT after I emailed them. They said a driver's license can be done on a K1, but he'll have to renew after that expires.  The cost to get it will be ten dollars each time, we're not sweating it since I want him to be mobile (and insured, for documentation on the AOS).

[P055UM 270]

SSN is often required to DL. In my state a K1 can get a DL without EAD or GC, but they 100% *must* have an SSN. 

[Boiler 44,824]

I know Colorado rules have changed a few times, I was fine as it did not take long to get my EAD and CO allowed New Residents quite a long time to get a DL.

 

So first you need to know how long you have as a new resident to get a DL.

 

If they say you can get one as a K1 I assume that would expire after the 90 days.