Since we already have an interview date for our AOS, does the USCIS just forget about the EAD application we filed? Or is there still a chance to get an EAD approval prior to our interview?

My husband needs a SSN as soon as possible, even if it's just a couple of weeks sooner than our interview. So I thought I'd ask

Thanks, all!

The processing of your EAD will continue right up to your interview.... if you are approved at interview then it will be abandoned as you will no longer need it.. if you are not approved then it will continue to be processed...

Good Luck

Kez

Thanks, Kez.

My husband asked me if we would get a refund on the EAD application if the green card comes first....

Also, you can get your social security number (just not work) with your I94 and your passport. It helps cut through the red tape, if he wants to have that done and can just focus on looking for a job after it's cleared.

Really? We can get his SSN without the EAD?? I've never heard of that...

This is what the guides say:

As a holder of a K2, K3 or K4 visa you must first have an EAD from the USCIS. You will be required to
show this to the SSA agency to be eligible to receive a SSN.

To apply for a SSN you will need to go to your local SSA office and bring:

1. The SS-5 form you downloaded and filled out (they have some at the office if you forget).
2. Passport (with the K-2, K-3, or K-4 Visa in it)
3. your valid I-94
4. another form of valid ID (as defined in the SS-5 instructions)
5. A valid EAD

LOL... tell him to look on it as an extra fee paid to speed thing along... unless he want to start a movement for the refund of overcharged USCIS fees.. I think he would have lots of members...

Kez

Yes...there would be MANY!

An individual with K-1/2/3/4 status applying for a work authorized SSN must present evidence at an SSA office to establish his or her age, identity and current lawful employment authorized status.

Note: Checking off on the DS-230 to be assigned an SSN DOES NOT aaply for individuals issued K visas. That is only for individuals age 18 or older that have been issued an immigrant visa and all K visa classifications are non immigrant.

The applicant needs to provide at least two documents as evidence to establish age, identity and current lawful employment authorized status. If one document is used for identity and employment authorized, another has to be provided for age.

SSA will not assign an SSN or issue a card to an individual that is within 14 days of his or her alien status expiring. Until the 76th day after entry an individual with K-1 status only needs to provide an unexpired I-94 showing current K-1 status to establish employment authorized status for SSN purposes.

Once, an individual that entered the United States with K-1 status has been in the United States 76 days he or she will need another document, i.e. I-551, I-688B or I-766 to establish employment authorized status for SSN purposes.

Hope that helps

Kez