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soch
Please help!
Perhaps I was wrong but I thought once my fiance entered the US with an EAD stamp he was able to work until the day we marry. In which case he would then apply for AOS & EAD then once that was approved apply for SSN. He arrived 12/25 and we will marry 1/25.

However, I have been reading the flow chart and now I understand it different. He can arrive with EAD, apply for SSN as soon as he arrives and they will issue him an SSN "valid for work only with INS authorization" but does this become not valid after we marry???? Or can he continue to work with this SSN after we marry. And just apply for AOS? Not EAD?

We were just going to wait until AOS & EAD were approved to apply for SSN because since he had to stop working anyway after marrige then what would the point be of getting an SSN valid for 4 weeks only.

So confusing! Please help. Which is it? Do K1 visa holders rush to get SSN or should they wait??
Mark and Hannah
I would've thought he'll need an SSN to work - you should apply for this soon.

The stamp in the passport does allow him to work until you get married, but EAD still needs to be applied for as part of the Adjustment of Status... once you are married he cannot work until the EAD is received, which takes up to 11 weeks to come through at the moment I think.
YuAndDan
K-1 can work until I-94 expiration date NOT marriage date.

You should apply for SSN a few weeks after entry, many report that SSA gives a hard time applying for SSN after marriage, and require EAD or Green-card.

SSA does not give work authorization DHS does, EAD either the stamp from POE or EAD card or GREEN-card is proof of work authorization.

EAD costs nothing when filed for with AOS, so File the I-765 with the I-485 in same envelope for EAD.





QUOTE(Mark and Hannah @ Jan 14 2008, 04:59 PM) *
I would've thought he'll need an SSN to work - you should apply for this soon.

The stamp in the passport does allow him to work until you get married, but EAD still needs to be applied for as part of the Adjustment of Status... once you are married he cannot work until the EAD is received, which takes up to 11 weeks to come through at the moment I think.
Temp EAD from POE is not invalidated by marriage, it is good until I-94 card expiration date, 90 days after entry.
soch
Thanks for your help, let me see if i got this straight...

Ok, so we should not wait til married to apply for SSN. He should apply for the SSN now befor we marry next week.

Later, after Marriage apply for both AOS & EAD. Then once EAD is approved he can work with the SSN he applied for befor marriage? CORRECT???

Also, will his SS CARD always read "VALID FOR WORK ONLY WITH INS AUTHORIZATION" Or do we have to change that later... or do they change that?



soch
Thanks again, so we will apply for SSN this week or next BEFORE the wedding!!!
kim&james
yep, apply now.

once the EAD is approved he can work. that will be his ssn for life.

once he has the gc, he can go back in and have a new card issued without the conditions on it.



soch
ALSO... if we apply for AOS & EAD after wedding..... 1/25... the potentially he will get his EAD beofre I94 EAD expieres in which case there is no gap in work. RIGHT?

THANKS FO RALL YOUR HELP!!!
YuAndDan
QUOTE(soch @ Jan 14 2008, 05:15 PM) *
Thanks again, so we will apply for SSN this week or next BEFORE the wedding!!!
Apply now, not later, also in most western cultures the man does not change name, so there is no sense waiting until after marriage to get a "Married Name" on the card.
M&J
QUOTE(soch @ Jan 14 2008, 05:15 PM) *
Thanks again, so we will apply for SSN this week or next BEFORE the wedding!!!


Hello this is what I found in other forum regarding your question.

Yes he can get a SS as a K-1 holder. You have to wait about 2 weeks after he arrives to apply. This ensures he is in the SAVE system. Be careful to go after 2 weeks because you will most likely not get a number at the 70 day point if you wait. If he does not get a SS while here on the K-1 visa he will have to wait to approval of the EAD.

Hope this helps!

M

Mark and Hannah
QUOTE(YuAndDan @ Jan 14 2008, 04:04 PM) *
Temp EAD from POE is not invalidated by marriage, it is good until I-94 card expiration date, 90 days after entry.


Excellent! I didn't realise that... but that begs the question as to why this temporary work authorisation stamp is only available from a few airports? Or has this changed now?

EDIT: Nevermind - I just looked at the other thread discussing this and got my answer. Probably best to anticipate not being able to work until the EAD comes through. I think I've been getting confused by the differences between K3 and K1 entry - all this paperwork is complicated!
soch
Thanks for all your help! We went yeasterday and applied for the SSN. Also, I was glad to learn the EAD stamp he received at POE in JFK is valid until I94 expires :-) I always thought his EAD was valid until we marry.

Thanks for clarifying.
fwaguy
QUOTE(soch @ Jan 14 2008, 04:18 PM) *
ALSO... if we apply for AOS & EAD after wedding..... 1/25... the potentially he will get his EAD beofre I94 EAD expieres in which case there is no gap in work. RIGHT?

THANKS FO RALL YOUR HELP!!!


Potentially... EAD's can take 60-90 days for approval (some longer) so any delay in filing AOS after your marriage will increase the potentially
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