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SSN and EAD for K1

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Filed: AOS (pnd) Country: Philippines
Timeline

For those who have gone through the process before.

According to this document EM-00154 and this one too RM 00203.500C.1 K-1 visa holders are entitled to an unrestricted SS card and can work without an EAD.

Now we don't have her card yet, that will be coming in about 2 weeks, nor does she have a job, but according to this information she does not need the EAD in order to work. As such does this mean that we do not need to apply for an EAD during the AOS? Or should we apply for it anyway as it is included in the fees?

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Filed: Citizen (apr) Country: China
Timeline

No, SSA will issue a restricted SSN it will say "Valid with DHS authization" this is a signal to employers to ask for additional evidence of work authorization like EAD stamp, or EAD card.

The links you posted has to do with SSA being instructed by USCIS to issue an SSN to K-1 holders even without EAD. SSA will do so up to 76 days after entry to the USA.

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

K-1 should apply for EAD with or after filing for AOS because there is no extra fee for it when based on pending I-485. Use code (c )(9 ) on the I-765.

Edited by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

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Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

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Filed: AOS (apr) Country: Philippines
Timeline
For those who have gone through the process before.

According to this document EM-00154 and this one too RM 00203.500C.1 K-1 visa holders are entitled to an unrestricted SS card and can work without an EAD.

Now we don't have her card yet, that will be coming in about 2 weeks, nor does she have a job, but according to this information she does not need the EAD in order to work. As such does this mean that we do not need to apply for an EAD during the AOS? Or should we apply for it anyway as it is included in the fees?

SSA does not provide for employment authorization nor promulgate the rules and therefore information from that agency's website should not be used as definitive evidence of fact.

She will get a "restricted" card because her authorization is only for 90 days. "Unrestricted" is only available after status adjustment has occured.

Edited by fwaguy

YMMV

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Filed: AOS (pnd) Country: Philippines
Timeline

I do not think either of you even read the documents I indicated.

From the first one

A nonimmigrant alien in K-1 alien status is authorized to work based on that status and is no longer required to show and employment authorization document (EAD) as proof of employment authorization

From the second one

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.

According to these documents K-1 visa holders do NOT need an EAD in order to get a SSN or work.

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Filed: AOS (apr) Country: Philippines
Timeline

Having just gone through the K-1 process, I think I have personal knowledge that a K-1 applicant WILL be issued a "restricted" card...

I don't think anyone will argue that a K-1 is entitled to a SSN without the I-94 "stamp".

Edited by fwaguy

YMMV

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Filed: Citizen (apr) Country: China
Timeline

The first on is instructing SSA to consider K-1 to be work auth with or without the EAD stamp, so that the K-1 can get a SSN. K-1 is considered work auth only for the first 90 days after entry, while the I-94 is still valid, after that they WILL need EAD or Green-card to be considered work authorized.

The second one is just repeating the same, they are telling SSA that the class of visas indicated in the list may or may not have EAD stamp, and to consider them to be work authorized, so that they can get an SSN.

This is a common topic that does come up often on the board.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Filed: K-1 Visa Country: Canada
Timeline

Either way, your fiancee should apply for EAD along with AOS. K-1 work authorization (if it exists...) would expire as soon as the visa does (after 90 days) - so as soon as your married you will want to apply for the EAD.


***********************************

October 5, 2007 - K-1 Application mailed to CSC

October 11, 2007 - NOA1

February 27, 2008 - NOA2

April 29, 2008 - Interview - approved!!

May 6, 2008 - Arrived in the US

May 23, 2008 - Married!

***********************************

May 29, 2008 - AOS mailed

June 4, 2008 - NOA1!

June 25, 2008 - Biometrics

August 11, 2008 - AP Approved

August 14, 2008 - EAD Approved

October 28, 2008 - Interview - Approved!

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Filed: Timeline
Either way, your fiancee should apply for EAD along with AOS. K-1 work authorization (if it exists...) would expire as soon as the visa does (after 90 days) - so as soon as your married you will want to apply for the EAD.

The K-1 status expires in 90 days, the visa is good for 6 months.

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Filed: Timeline
Having just gone through the K-1 process, I think I have personal knowledge that a K-1 applicant WILL be issued a "restricted" card...

Having gone through the K-1 process and work today, I have so much knowledge it's almost dangerous. LOL Unless someone in the SSA office f*cks up, an individual with K-1 status should be issued a restricted SSN card.

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