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Filed: AOS (pnd) Country: England
Timeline

What if the fiance came through JFK? My fiance has the temporary EAD stamp on his i-94 allowing him to work until the end of October. In fact, he is working, and has a temp job that lasts for another month or so. This is ok isn't it?

This is all so damn confusing!!

Our Timeline:

01/29/2007 NOA1!

02/26/2007 Became officially engaged in Rome:)

05/03/2007 NOA2!!!

07/20/2007 Visa Interview in London! Approved!!

10/04/2007 Small private wedding!

04/19/2008 Big fancy shmancy wedding!

AOS Timeline:

10/18/2007 Sent entire AOS, EAD, AP package to Chicago

10/19/2007 Package received in Chicago- signed for by V Bustamante

10/25/2007 NOA1 for AOS, EAD, and AP.

10/26/2007 Check cashed.

11/28/2007 Biometrics appointment in Denver.

12/17/2007 EAD card production ordered!

12/27/2007 EAD card arrives.

12/31/2007 AP approved.

01/07/2008 AP received.

02/01/2008 AOS interview in Denver. APPROVED!

02/11/2008 Green Card received in mail!

Done until July 09' !

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Filed: Citizen (apr) Country: Russia
Timeline
What if the fiance came through JFK? My fiance has the temporary EAD stamp on his i-94 allowing him to work until the end of October. In fact, he is working, and has a temp job that lasts for another month or so. This is ok isn't it?

This is all so damn confusing!!

Yes, it is okay - he has an EAD stamp.

Filed AOS from F-1
Green Card approved on 01/04/07
Conditions removed 01/29/09

Citizenship Oath 08/23/12

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Filed: Timeline
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.

Wrong. Once upon a time K-1s also were required to have an EAD card or stamp to be assigned a work authorized SSN. However, the then INS was having trouble getting the EAD cards that were filed for under A6 out to people before the 90 days the K-1 status is valid expire, which made the EAD card worthless. So SSA changed policy and the infamous EM-00154 was issued.

Immigration regulations never have changed.

http://tinyurl.com/2drj9c

Sec. 274a.12 Classes of aliens authorized to accept employment.

(a) Aliens authorized incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(8), or (a)(10)-(16) of this section, and who seeks to be employed in the United States, must apply to the Bureau of Citizenship and Immi gration Services (BCIS) for a document evidencing such employment. BCIS may, in its discretion, determine the validity period assigned to any document issued evidencing an alien's authorization to work in the United States.

(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service;

Edited by I Quit
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Filed: AOS (apr) Country: Philippines
Timeline
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 :angry:

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

I got mine when i already had my Greencard and EAD and it says:

Valid for work only

With DHS Authorization

It means that you can work but you have to present your EAD or Greencard together with your SSN.

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Filed: K-1 Visa Country: China
Timeline

Hey Dan,

Maybe someone should check with their state, we are in Texas and they gave us a marriage license without the wife having a SS#, so I guess it is not the same in all states.

Anyway, we hope you guys are dong great and life is good for you.

KD

"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.

14 May 2005 - Introduced via friend

23 Sep 2005 - 1st China trip, meet personally in Nanning

02 Nov 2005 - Began working on the I-129F

22 Nov 2005 - Mailed completed I-129F

05 Dec 2005 - NOA1 from CSC

27 Feb 2006 - NOA2 CSC approval via e-mail

00 Mar 2006 - NVC receives petition from USCIS

16 Mar 2006 - NVC ships petition DHL to Guangzhou

25 Apr 2006 - Petition delivered/signed by STAMP

08 May2006 - 2nd trip to Nanning, China

11 Jun 2006 - SO in receipt of P3

21 Jun 2006 - P3 mailed to Guangzhou

08 Jul 2006 - DOS: SO qualified for interview

25 Jul 2006 - P4 mailed from Guangzhou

6 Aug 2006 - P4 received in Nanning

1 Sep 2006 - SO travel to Guangzhou for 7 Sept interview

7 Sep 2006 - PASSED INTERVIEW 9 Sep 2006 - Visa in hand

21Jan 2007 - 3rd trip to Nanning, China

29 Jan 2007 - Arrival at DFW airport in Texas

15 Feb 2007 - Applied for SSN, get 20 Feb 2007.

31 Mar 2007 - Married in Texas

14 Jun 2007 - AOS interview, passed

18 Jul 2007 - Biometrics taken

8 Dec 2007 - Received two year GC

ESL Classes - continuing

9 Jul 2008 - Lao Po trip to Nanning

9 Sep 2008 - Passed and Received Texas Driver License

1 May 2009 - Applied for and received first credit card

29Sep 2009 - Mailed Form I-751, waiting on 10yr GC

22 Feb 2010 - Received notice of approved LPR status

ESL Classes -continuing

31 Mar 2010 - Date of third wedding anniversary

29 Dec 2010 - LaoPo & LaoGong (4th) visit mom (6 weeks) in China

31 Mar 2011 - Date of fourth wedding anniversary

15 Sep 2011 - Forward N-400 to USCIS, received 16 Sep 2011

19 Dec 2011 - Became US citizen

154yi2u.jpg

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