Employment authorization before SSN?

[pitbull6 0]

Two weeks after she arrived, we went to the local Social Security office to get an SSN. Unfortunately, being from Afghanistan, her birth dates and even names are not consistent across her IDs. They sent us to the local USCIS office to get her visa corrected as that is the document SSA must go off of. However, the guy at the USCIS said she couldn't get an SSN until she got a work authorization (I-765). This seems to conflict with the Visa Journey timeline which doesn't mention it specifically.

Is USCIS misunderstanding this or am I? I would just like to get her an SSN as it makes life generally easier (drivers license, marriage license, school, etc) as she will not start working right away.

[baron555 934]

The USCIS guy doesn't get it. Don't need the SSN for a marriage license but all else it will be required.

SSA will issue her a SSN and card which will be inscribed with Not Able to Work without DHS Authorization (or something like that).

The DHS Authorization is the EAD. Once she gets that you revisit the SSA office and they will reissue her a new card without that inscription. Then she is free to work and use that SSN card.

[Pitaya 2,576]

~Moved from K1 to SSN Forum~

~Inquiry about SSN and EAD, past K1~

[IcezMan_IcezLady 582]

The USCIS guy doesn't get it. Don't need the SSN for a marriage license but all else it will be required.

SSA will issue her a SSN and card which will be inscribed with Not Able to Work without DHS Authorization (or something like that).

The DHS Authorization is the EAD. Once she gets that you revisit the SSA office and they will reissue her a new card without that inscription. Then she is free to work and use that SSN card.

"However, the guy at the USCIS said she couldn't get an SSN until she got a work authorization (I-765)."

Maybe the USCIS guy used the wrong word "couldn't". But isn't it redundant to get SSN knowing well you wouldn't be able to use it since OP is not allowed to work?

SO per your statement, OP should get SSN card, then go get another one when OP gets EAD?

Smh....You ever realized the long waiting lines and how inconvenient this will be?

So, OP, wait until you get the EAD then apply for SSN.

[NataliaLin 18]

I applied my SSN after getting married, but been having issues from their part. Been almost two months and still waiting.

[MASH 172]

I say go back to the SSN office since USCIS fixed the prob and she could get her SSN as i got mine 2 weeks after I arrived to the states

Edited December 18, 2015 by MASH

[newacct 688]

USCIS doesn't issue SSNs; SSA does. So what the USCIS says on this matter is not relevant. The USCIS guy probably wasn't familiar with the rules because that is not something that their agency handles.

[Amhara 460]

If you have her names/DOB's corrected, then try again for SSN. We applied a few days after we married, and were refused because he was no longer "a fiance", although some others have been able to get an SSN after marriage on a K-1 visa entrance.

You don't need an SSN for school, marriage license, drivers license or health insurance. We have been successful at all these things without one. For NH DL, you can provide her passport and your marriage license, but I don't know what you can provide for her NH residency. In TX, we had waivers for my husband's SSN and address, so I only had to provide documents under my name.

I wish we had been able to get his SSN, but in the end, we would have had to go back to the SSA office and do that all over again. (And we are under the process of a legal name change too, so we'd probably need to go back a third time! Paperwork!!!) It's really no harm, no foul. While I thought I wanted it before, it's just fine that we don't have now too.

[FherJess 15]

I applied my SSN after getting married, but been having issues from their part. Been almost two months and still waiting.

Was the I-94 expired?

[NataliaLin 18]

No, they say that the form that they sent the first place was the wrong one, so they had to send it again.. But said that it takes around 4 weeks to check my paperworks, marriage info, bla bla bla to DHS

Was the I-94 expired?

[perfect 39]

EAD is needed if her I-94 is expired.

We had the same problem when we went to SS office.

We applied for SSN in maiden name - no problem (other than that the post office never delivered the card).

Went back to SSN Office for new card in maiden name based on non-delivery - again, PO failed to deliver.

Went back to SSN office when married to get SSN changed to married name but since I-94 had now expired, need EAD to get SSN card!

EAD was placed on hold for request for initial evidence (they requested copy of marriage certificate showing name change which we had already sent with original package!!)

Bit of a mess really.....

https://www.ssa.gov/pubs/EN-05-10096.pdf

To prove your identity and work-authorized immigration status, show us your current U.S.immigration documents and your unexpired foreign passport. Acceptable immigration documents include your:

• Form I-551 (includes machine-readable immigrant visa);

• Admission stamp showing a class of admission permitting work;

• Form I-94 (Unexpired Arrival/Departure Record); or

• Form I-766 (Employment Authorization Document, EAD, work permit).

Edited December 31, 2015 by perfect

[Lainie B 465]

"However, the guy at the USCIS said she couldn't get an SSN until she got a work authorization (I-765)."

Maybe the USCIS guy used the wrong word "couldn't". But isn't it redundant to get SSN knowing well you wouldn't be able to use it since OP is not allowed to work?

SO per your statement, OP should get SSN card, then go get another one when OP gets EAD?

Smh....You ever realized the long waiting lines and how inconvenient this will be?

So, OP, wait until you get the EAD then apply for SSN.

She doesn't need to get another SS card when she gets her EAD. In fact she can't. SSA won't remove the annotation with just the EAD, you have to have the green card. She can use the SS card with the annotation plus the EAD to prove her eligibility to work. Once she gets her green card then she can go back to the SSA and get a new card with the annotation removed.

Having a SSN does make life easier for other things, it's not just used for work. It is always a good idea to get the SSN as soon as possible. If you can, get it before you get the EAD. However SSA won't issue one once the I-94 has expired, that's when you have to wait for the EAD or green card, whichever comes first.

Edited January 1, 2016 by Lainie B

[Unidentified 2,930]

"However, the guy at the USCIS said she couldn't get an SSN until she got a work authorization (I-765)."

Maybe the USCIS guy used the wrong word "couldn't". But isn't it redundant to get SSN knowing well you wouldn't be able to use it since OP is not allowed to work?

SO per your statement, OP should get SSN card, then go get another one when OP gets EAD?

Smh....You ever realized the long waiting lines and how inconvenient this will be?

So, OP, wait until you get the EAD then apply for SSN.

A lot of banks require a SSN to open an account. Some also require it to be added to someone else's account. Why would he go back again after the EAD? If he gets one now, he won't need to go back until after he receives his citizenship. OP should try again.

[pitbull6 0]

Two weeks after she arrived, we went to the local Social Security office to get an SSN. Unfortunately, being from Afghanistan, her birth dates and even names are not consistent across her IDs. They sent us to the local USCIS office to get her visa corrected as that is the document SSA must go off of. However, the guy at the USCIS said she couldn't get an SSN until she got a work authorization (I-765). This seems to conflict with the Visa Journey timeline which doesn't mention it specifically.

Is USCIS misunderstanding this or am I? I would just like to get her an SSN as it makes life generally easier (drivers license, marriage license, school, etc) as she will not start working right away.

Hi everyone. Thanks for taking the time to reply.

We ended up going back to the SSA and they confirmed we need the EAD before applying for SSN. USCIS recommended going ahead and get married because the EAD and other filings are free versus $380 or something like that.

Of course, with no birth certificate and dorked up visa and other docs, the city has issues with applying for a marriage license. Yay. At least her e-passport (not the one with her visa) has the right name and USCIS said that will carry most of the weight. Trying to get affidavits from family and will submit it all with the I-765 and keep our fingers crossed.

Thanks again for all the helpful information and advice!

[newacct 688]

We ended up going back to the SSA and they confirmed we need the EAD before applying for SSN.

They are wrong. SSA policy says that K-1 do not need an EAD to satisfy the employment authorization requirements of getting an SSN. See https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420#g1

Talk to someone else at SSA who is hopefully more knowledgeable.

Edited January 19, 2016 by newacct