Questions on K3 Work, Travel, & SSN

[cjgator 2]

My wife arrived from Belarus on a K3 Visa about 5 weeks ago.

We were planning to wait until early 2010 to file her I-485, because we want to make sure she adjusts well to living in America before going through the AOS process. We have filed an I-765 application so she can get her work authorization.

I have a couple of questions.

1. I have seen on a couple of websites that K3'ers should not try to travel outside of the US with their K3 unless they have filed their I-485 paperwork. I thought the K3 was a multiple entry visa, that was not contingent on any other filing, to permit international travel. Could someone clarify?

2. If I read the guides correctly on this website, I think it says a K3'er has to have the Employment Authorization Document (EAD) before they can be issued a Social Security Number. Is this true, or can we get her an SSN while we are waiting for the employment authorization?

Thanks in advance.

CJ

[Bobby+Umit 161]

My wife arrived from Belarus on a K3 Visa about 5 weeks ago.

We were planning to wait until early 2010 to file her I-485, because we want to make sure she adjusts well to living in America before going through the AOS process. We have filed an I-765 application so she can get her work authorization.

I have a couple of questions.

1. I have seen on a couple of websites that K3'ers should not try to travel outside of the US with their K3 unless they have filed their I-485 paperwork. I thought the K3 was a multiple entry visa, that was not contingent on any other filing, to permit international travel. Could someone clarify?

Can I travel and re-enter the U.S. on my K-3 or K-4 visa?

Aliens present in the United States in a K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S., USCIS will not presume that the departure constitutes abandonment of an adjustment application

2. If I read the guides correctly on this website, I think it says a K3'er has to have the Employment Authorization Document (EAD) before they can be issued a Social Security Number. Is this true, or can we get her an SSN while we are waiting for the employment authorization?

How to Apply for a Social Security Number Card

Before your spouse arrives in the United States, you can help her or him apply for a social security number card. To learn more about this process, visit the website for the Social Security Administration.

Thanks in advance.

CJ

Source: K-3 visa info

Edited April 28, 2009 by Bobby_Umit

[cjgator 2]

Thanks, w.r.t. the K3 travel language, that was the same language I saw, but on another website where someone interpreted that language to mean that the AOS also had to be filed in order for the K3'er to travel & return to the US. I do not think the language reads that way. To me, it sounds like a K3 person is safe to travel outside the US & return.

My wife arrived from Belarus on a K3 Visa about 5 weeks ago.

We were planning to wait until early 2010 to file her I-485, because we want to make sure she adjusts well to living in America before going through the AOS process. We have filed an I-765 application so she can get her work authorization.

I have a couple of questions.

1. I have seen on a couple of websites that K3'ers should not try to travel outside of the US with their K3 unless they have filed their I-485 paperwork. I thought the K3 was a multiple entry visa, that was not contingent on any other filing, to permit international travel. Could someone clarify?

Can I travel and re-enter the U.S. on my K-3 or K-4 visa?

Aliens present in the United States in a K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S., USCIS will not presume that the departure constitutes abandonment of an adjustment application

2. If I read the guides correctly on this website, I think it says a K3'er has to have the Employment Authorization Document (EAD) before they can be issued a Social Security Number. Is this true, or can we get her an SSN while we are waiting for the employment authorization?

How to Apply for a Social Security Number Card

Before your spouse arrives in the United States, you can help her or him apply for a social security number card. To learn more about this process, visit the website for the Social Security Administration.

Thanks in advance.

CJ

[Bobby+Umit 161]

To me, it sounds like a K3 person is safe to travel outside the US & return.

Correct, as long as the K-3 is valid, you can travel on it.

The AOS does not have to start to travel.

Edited April 28, 2009 by Bobby_Umit

[Y's_habibitk 2]

2. If I read the guides correctly on this website, I think it says a K3'er has to have the Employment Authorization Document (EAD) before they can be issued a Social Security Number. Is this true, or can we get her an SSN while we are waiting for the employment authorization?

Thanks in advance.

CJ

Hey C,

You have to have the EAD to get a SS card, unless you can prove that she needs the SS# for something other than work, and most reasons are unacceptable to them such as getting a DL...

nice to see ya

[cjgator 2]

How ya doing, Lisa? Are you two together yet? Nice to "see" you too.

C

2. If I read the guides correctly on this website, I think it says a K3'er has to have the Employment Authorization Document (EAD) before they can be issued a Social Security Number. Is this true, or can we get her an SSN while we are waiting for the employment authorization?

Thanks in advance.

CJ

Hey C,

You have to have the EAD to get a SS card, unless you can prove that she needs the SS# for something other than work, and most reasons are unacceptable to them such as getting a DL...

nice to see ya

[YuAndDan 153]

1. WRONG. K-3 is a multi-entry visa, it was intended this way so that they could travel while waiting for I-130 to get approved by USCIS, so that they can then apply for AOS OR return to home country and interview for the spousal visa.

ALSO Form I-131 indicates that K-3 and K-4 DO NOT need AP to travel because K-3 and K-4 are multi entry visas.

2. YES, K-3 is NOT work authorized, so SSA WILL NOT issue an SSN until they have EAD or Green-card. The only K-Visa that can get SSN is K-1, because in some states the K-1 is REQUIRED to have SSN before they can get a marriage license. K-Visas are NOT work visas.

[cjgator 2]

Thank you!!

Chris

1. WRONG. K-3 is a multi-entry visa, it was intended this way so that they could travel while waiting for I-130 to get approved by USCIS, so that they can then apply for AOS OR return to home country and interview for the spousal visa.

ALSO Form I-131 indicates that K-3 and K-4 DO NOT need AP to travel because K-3 and K-4 are multi entry visas.

2. YES, K-3 is NOT work authorized, so SSA WILL NOT issue an SSN until they have EAD or Green-card. The only K-Visa that can get SSN is K-1, because in some states the K-1 is REQUIRED to have SSN before they can get a marriage license. K-Visas are NOT work visas.