SSN Application

[nycmjkfan 0]

Just verifying, with a K-1 visa, does one mark "Legal alien allowed to Work?"

[Rocio 0]

Just verifying, with a K-1 visa, does one mark "Legal alien allowed to Work?"

unless you get the stamp in passport at POE you cant work with k-1 visa, need to wait till you apply with AOS and are granted your EAD

congratulations on getting the visa

[I'm Gone 60]

Just verifying, with a K-1 visa, does one mark "Legal alien allowed to Work?"

http://policy.ssa.gov/poms.nsf/lnx/0100203500

RM 00203.500 Employment Authorization for Nonimmigrants

C. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION

The following policy applies to employment authorization by class of

admission.

1. Aliens Work Authorized Without Specific DHS Authorization

The following lists nonimmigrants, by alien classification, who are

authorized to work in the U.S. without specific authorization from DHS.

The alien's I-94 will not have the DHS employment authorization stamp

and the alien will not have an EAD.

K-1 Fiance(e) of U.S. citizen

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https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100202115

RM 00202.115 Form SS-5 Item 3 — Citizenship

B. PROCEDURE - ANSWER TO ITEM 3

2. Legal Alien Allowed to Work

The applicant should check this block if he/she alleges to be a lawfully admitted alien with work authorization.

[nycmjkfan 0]

Thanks for the replies.

Went to my local SSN office, she was in the system. SS card will arrive in the mail in 7-10 days. I was definitely lucky, reading some of the nightmares people have had to endure if they are not in the system.

[Neonred 3,581]

We went to the SSA office last week and after about 3 weeks she was NOT in the system. They told us it is taking well over a month to appear on the SAVE system. I did have a good talk with a knowledgable woman there. Her recommendation was to wait until marriage to apply for the SSN. We did apply anyway as work is currently not necessary for her. I did reaffirm with that lady that even though she did not receive the EAD at POE she is eligible to work until the 90 days on her K-1 are up, or until she is married at which time her SSN is not valid for work.

[I'm Gone 60]

We went to the SSA office last week and after about 3 weeks she was NOT in the system. They told us it is taking well over a month to appear on the SAVE system. I did have a good talk with a knowledgable woman there. Her recommendation was to wait until marriage to apply for the SSN. We did apply anyway as work is currently not necessary for her. I did reaffirm with that lady that even though she did not receive the EAD at POE she is eligible to work until the 90 days on her K-1 are up, or until she is married at which time her SSN is not valid for work.

Well if this woman was so knowledgeable she wouldn't have told you to wait until you are married to apply. If your status can't be verified through SAVE with your maiden name, nothing is going to change by getting married. You are just wasting time and cutting into the 76 days that you can be assigned an SSN based on the K-1 status and I-94.

SSA will not assign an SSN or issue a card in your status has expired or is within 14 days of expiring.

K-1 status is good for 90 days, so that only gives you 76 days to be assigned an SSN and issued a card. After that time you will need an EAD or I-551 card to establish authorization to work. Before that time your

I-94 showing K-1 status is the document that establishes authorization to work for SSN purposes.

The status/documents of all aliens must be verified before SSA will assign an SSN and/or issue a card and the 14 day limit applies even if you pass the 76th day while waiting for your status to be verified.

[Neonred 3,581]

Well, good news. Although we visited the SSA office last Friday and her information was not in the

SAVE system, today just 6 days later her SS card arrived in the mail. I am very surprised at how quick it arrived. Finally something good has happened.

[Jasman0717 9]

[techgirl 0]

nycmjkfan,

what did you choose to mark on the SSN application ?

~Tech

[nycmjkfan 0]

I marked "Legal alien allowed to Work"

[KarenCee 3]

We went to the SSA office last week and after about 3 weeks she was NOT in the system. They told us it is taking well over a month to appear on the SAVE system. I did have a good talk with a knowledgable woman there. Her recommendation was to wait until marriage to apply for the SSN. We did apply anyway as work is currently not necessary for her. I did reaffirm with that lady that even though she did not receive the EAD at POE she is eligible to work until the 90 days on her K-1 are up, or until she is married at which time her SSN is not valid for work.

Ok....I just woke up here so maybe I'm still fuzzy from sleep....but....how is she eligible for work if she doesn't have a temp EAD stamp? I didnt think K-1's could work unless they have a temp EAD stamp OR married, with a temp EAD card in hand? Have I missed something somewhere?

[I'm Gone 60]

Well I guess this is a good time to repost a copy of the e-mail response I received from the then INS Office of Business Liaison when I asked about a K-1s authorization to work.

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Wherever there is a discrepancy between the requirements of the law and likelihood of discovery or penalties, the public makes risk analysis and proceeds accordingly.

Citation to the US Code of Federal Regulations would require a depth step-by-step analysis in order to provide explanation of how all of the provisions implicated by this question interrelate.

In general, however, the progression is as follows:

1. K-1 classification may last no longer than 90 days.

2. K-1 classification is for fiance(e)s of US citizens only.

3. As soon as a K-1 alien marries, he/she is no longer a fiance(e).

4. K-1 aliens are work authorized incident to status, per 8 CFR 274a.12(a)(6).

5. K-1 work authorization may last no longer than the status lasts, whether the documentation issued to the K-1 alien has expired or not.

6. An employment authorization document is required under 274a.12(a)(6) to K-1 aliens, although INS General Counsel takes the position that 274a.12(a) aliens (unlike 274a.12© aliens, for example) are work authorized incident to status (i.e upon INS-issued proof of status). However, the public has not been formally advised of this interpretation.

7. Some K-1 aliens who are unaware of this interpretation apply for EAD's at INS Service Centers, where the processing period of 90 days essentially eviscerates the work authorization and the document may arrive after the fiance(s)'s status has already changed to spouse. Some K-1 aliens are issued EAD's at INS field offices. Some are issued Forms I-94 stamped "employment authorized." This varies from area to area within the US.

8. An EAD is automatically invalidated if the status which entitled the alien to the employment authorization ceases, whether or not the EAD has expired.

[Neonred 3,581]

That is exactly correct!

K-1 visa holders fall under the following from the SSA policy site

1. Aliens Work Authorized Without Specific INS Authorization

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.

For those with an asterisk, the principal alien, spouse, and child all have the same visa symbol.