K-1 SSC and EAD situation????

[Mike-Mely 0]

Can anyone shed any light on this situation?

We took the POMS rules that the SS admin has on thier website that says a K-1 visa holder does not need specific authorization from Homeland Security to work to the SS office when we applied, however, the SSC that they gave my fiancee has the "valid for work only with DHS authorization" stamp on it.

Was this done in error, can we get a SSC without that stamp if we go back to the SS office?

Why do they say you dont need specific authorization in thier rules then give you a card that says you do?

Once we file for AOS and EAD( in the next 6 weeks or so) is my fiancee allowed to continue working while waiting for the EAD?

Thanks for any help anyone can be!

[payxibka 10,048]

the card is correct and the "restriction" cannot be removed until greencard is received. If your 90 day authorization expires before EAD is approved you will have a gap in authorization

Edited August 15, 2008 by fwaguy

[YuAndDan 153]

"Valid with DHS auth" IS correct, this tells any employer to require additional evidence of work auth, (EAD, EAD stamp, or Green-Card) before employing, the SSN card by itself is NOT evidence of work auth.

Are there different types of cards?

We issue three types of Social Security cards. All cards show your name and Social Security number.

• The first type of card shows your name and Social Security number and lets you work without restriction. We issue it to:
  • U.S. citizens; and
  • People lawfully admitted to the United States on a permanent basis.
• The second type of card shows your name and number and notes, “VALID FOR WORK ONLY WITH DHS AUTHORIZATION.” We issue this type of card to people lawfully admitted to the United States on a temporary basis who have DHS authorization to work.
• The third type of card shows your name and number and notes, “NOT VALID FOR EMPLOYMENT.” We issue it to people from other countries:
  • Who are lawfully admitted to the United States without work authorization from DHS, but with a valid nonwork reason for needing a social Security number; or
  • Who need a number because of a federal law requiring a Social Security number to get a benefit or service.

http://www.socialsecurity.gov/pubs/10002.html#types

K-1 is non-immigrant so is not considered permamant resident so wont get the first type of card, so gets the 2nd type of card.

[Mike-Mely 0]

"Valid with DHS auth" IS correct, this tells any employer to require additional evidence of work auth, (EAD, EAD stamp, or Green-Card) before employing, the SSN card by itself is NOT evidence of work auth.

Are there different types of cards?

We issue three types of Social Security cards. All cards show your name and Social Security number.

• The first type of card shows your name and Social Security number and lets you work without restriction. We issue it to:
  • U.S. citizens; and
  • People lawfully admitted to the United States on a permanent basis.
• The second type of card shows your name and number and notes, “VALID FOR WORK ONLY WITH DHS AUTHORIZATION.” We issue this type of card to people lawfully admitted to the United States on a temporary basis who have DHS authorization to work.
• The third type of card shows your name and number and notes, “NOT VALID FOR EMPLOYMENT.” We issue it to people from other countries:
  • Who are lawfully admitted to the United States without work authorization from DHS, but with a valid nonwork reason for needing a social Security number; or
  • Who need a number because of a federal law requiring a Social Security number to get a benefit or service.

http://www.socialsecurity.gov/pubs/10002.html#types

K-1 is non-immigrant so is not considered permamant resident so wont get the first type of card, so gets the 2nd type of card.

Here is the pertaining info from SSA website-

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

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 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.

It then lists lots of visa types one of which is K-1

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[payxibka 10,048]

Yes which means you are eligible to apply for a SSN... nothing more... without this you wouldn't be able to even apply.

There is a small caveat on the website:

DO NOT process an application for an SSN card for an alien for work purposes unless the alien is authorized to work and shows the appropriate immigration document authorizing work

To me this is eligibility information.

[YuAndDan 153]

K-1 is a NON-Immigrant that is considered by SSA to be auth to work with DHS permission with or without EAD stamp. This Auth is based on the I-94 and expires when the I-94 expires, then will be work auth only after getting an EAD card or the Green-card.

SSA is correct in placing that notation, K-1 IS NON-Immigrant.

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.