Social Security Card

[lucho562 0]

Hello all!

Here's our situation.

My wife entered USA on a K1 visa. We got married 12 days after POE on the 24th of July and within a week sent out AOS & EAD applications.

I was reading some other posts today and found this link

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

Section C states that people who enter on a K1 visa can get a SS card

"The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD."

Ok, so we go to the SS office today and apply for her card. Everything seemed fine until we got the printout and it states that she can only work with authorization from DHS. The worker at the SS office told us that she was able to work immediately she receives her SS card and that we did NOT have to wait for EAD from DHS. So why the heck did the printout state otherwise? Also, we didnt read the printout until we got in the car.....they closed minutes after we left

Am I wrong thinking that she was suppose to get a SS card that does allow her to work w/o EAD???

[Otto 83]

Hello all!

Here's our situation.

My wife entered USA on a K1 visa. We got married 12 days after POE on the 24th of July and within a week sent out AOS & EAD applications.

I was reading some other posts today and found this link

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

Section C states that people who enter on a K1 visa can get a SS card

"The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD."

Ok, so we go to the SS office today and apply for her card. Everything seemed fine until we got the printout and it states that she can only work with authorization from DHS. The worker at the SS office told us that she was able to work immediately she receives her SS card and that we did NOT have to wait for EAD from DHS. So why the heck did the printout state otherwise? Also, we didnt read the printout until we got in the car.....they closed minutes after we left

Am I wrong thinking that she was suppose to get a SS card that does allow her to work w/o EAD???

lucho562,

Because... SS-Worker is wrong...Print Out is correct...

[Jasman0717 9]

I took Claudeth to get her SSN card about two weeks after she arrived. If the I-94 expires you will need something from the USCIS to authorize the card. We had to use Claudeth's EAD to get her name changed on her card.

[lucho562 0]

How can we fix this now? A SS card should be showing up in about a week. This card will have the stamp, "work authorization with EAD from DHS" something like that. But according to the link, she should get a regular SS card with no restrictions.

Do we go back in and slug it out with another worker or manager of sort? What pis*^% me off is that worker told me that she will be able to work in 1 week when her card arrives!!

Also, our I94 is good up until October 10.

[Otto 83]

How can we fix this now? A SS card should be showing up in about a week. This card will have the stamp, "work authorization with EAD from DHS" something like that. But according to the link, she should get a regular SS card with no restrictions.

Do we go back in and slug it out with another worker or manager of sort? What pis*^% me off is that worker told me that she will be able to work in 1 week when her card arrives!!

Also, our I94 is good up until October 10.

You can only 'fix' this when you get the EAD.

Am I wrong thinking that she was suppose to get a SS card that does allow her to work w/o EAD???

Yes... (unfortunately) you are wrong in thinking this..

[YuAndDan 153]

The SSN Card will also clearly state "Valid with DHS work authorization" EAD or Green-Card are work authorization.

[lucho562 0]

"The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD."

I thought the above meant that she did not need an EAD card to be able to receive a SS card that does not have the work authorization stamp?

[Nancy2015 2]

"The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD."

I thought the above meant that she did not need an EAD card to be able to receive a SS card that does not have the work authorization stamp?

She won't get an unrestricted SS card until she becomes an LPR. No way.

K-1 I-94 is, technically, USCIS work authorization. "Work authorization" doesn't necessarily mean an EAD. There was a long debate here about K-1's working a while ago, I'll try to find it...

Edited September 6, 2007 by Sid and Nancy

[Nancy2015 2]

"The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD."

I thought the above meant that she did not need an EAD card to be able to receive a SS card that does not have the work authorization stamp?

She won't get an unrestricted SS card until she becomes an LPR. No way.

K-1 I-94 is, technically, USCIS work authorization. "Work authorization" doesn't necessarily mean an EAD. There was a long debate here about K-1's working a while ago, I'll try to find it...

EDIT: Found it:

http://www.visajourney.com/forums/index.php?showtopic=82411

So, although K-1 holders are, kind of, work authorized, they can't work without an EAD, because there's no way they can satisfy an I-9 requirement.

I never had a K-1 myself, so I'm just telling you what other experienced members here have learned.

[Jasman0717 9]

How can we fix this now? A SS card should be showing up in about a week. This card will have the stamp, "work authorization with EAD from DHS" something like that. But according to the link, she should get a regular SS card with no restrictions.

Do we go back in and slug it out with another worker or manager of sort? What pis*^% me off is that worker told me that she will be able to work in 1 week when her card arrives!!

Also, our I94 is good up until October 10.

You can remove that once the GC arrives

[TracyTN 237]

"The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD."

I thought the above meant that she did not need an EAD card to be able to receive a SS card that does not have the work authorization stamp?

Sort of adding to what Sid & Nancy said; there's a distinction you need to be aware of here. The section you quoted above is from the SSA (the document I have in my signature). For the purposes of getting a SSN, K1s are 'work authorized' - meaning they don't have to have the EAD document to 'prove' that they are eligible for an SSN. This is an SSA distinction, and it means little else to anyone (or an employer) - but it does mean that the K1er can get an SSN that they may need for other reasons (bank accounts, marriage licenses - in some states that is required- etc).

As we all know, you need the EAD to actually begin work - hence the demarkation on the card about needing DHS authorization. It would let any potential employer know that they need further documentation about the alien's work status (if they didn't already know).

Once you receive the green card - NOT the EAD - is when you can go get the DHS demarkation removed from the SS card.

Unfortunately, I went a couple rounds with my local SSA office trying to get my K1er hubby his SSN. So I have learned!!

Edited September 6, 2007 by TracyTN

[lucho562 0]

Thanks to all, thanks to TracyTN....now I understand.

[YuAndDan 153]

"The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD."

I thought the above meant that she did not need an EAD card to be able to receive a SS card that does not have the work authorization stamp?

The primary reason USCIS and SSA treat the K-1 this way is because there is a federal law on the books that requires both persons filing for a license to provide a SSN, some states require both people filing for a marriage license to provide a SSN, so if the K-1 holder does not have a SSN then the K-1 holder will have a problem getting married.

Having SSN does not convey work authorization only EAD stamp, EAD card, Green-Card, or US Citizenship conveys work authorization. SSA dose not give work authorization the Department of Homeland Security does.

The reason SSA puts that disclaimer on the card is to tell employers to ask for other proof of work authorization.

[Nancy2015 2]

Having SSN does not convey work authorization only EAD stamp, EAD card, Green-Card, or US Citizenship conveys work authorization. SSA dose not give work authorization the Department of Homeland Security does.

Certain types of aliens who don't fall under the above categories are also work-authorized. H-1B visa holders or F-1 visa holders are work authorized, and they don't have EAD's. But their work authorization is limited, and there are certain guidelines on where and how long they can work.

When I was in F-1 status, I had an SS card with the DHS notation, an I-94, and a valid I-20. That was enough to work in an on-campus job. In fact, SSA even issues you a SSN only if you have an on-campus job offer.

But it seems like K-visa holders would need an EAD to satisfy the I-9 requirement...

[TracyTN 237]

Having SSN does not convey work authorization only EAD stamp, EAD card, Green-Card, or US Citizenship conveys work authorization. SSA dose not give work authorization the Department of Homeland Security does.

Certain types of aliens who don't fall under the above categories are also work-authorized. H-1B visa holders or F-1 visa holders are work authorized, and they don't have EAD's. But their work authorization is limited, and there are certain guidelines on where and how long they can work.

When I was in F-1 status, I had an SS card with the DHS notation, an I-94, and a valid I-20. That was enough to work in an on-campus job. In fact, SSA even issues you a SSN only if you have an on-campus job offer.

But it seems like K-visa holders would need an EAD to satisfy the I-9 requirement...