The K-1, EAD and SSN (QUESTION!!)

[little_g 35]

I am doing research on when/how my fiance can get a job after he arrives on his K1 Visa. I have seen conflicting things on here and other places that are a little dated i.e. 2004 etc... Anywho, upon some digging I found this here *LINK* on the the USA Government Social Security website:

---------------------------------------------------------------------------------------------------------------------------------------------------------

Get a work Social Security number

Updated 05/11/2011 04:01 PM | ID# 576

How do I get a Social Security number (SSN) so I can work if my immigration document shows K-1 and I came to the United States to marry my boyfriend?

The K-1 class of admission shown on your immigration document indicates you are the fiancé of a United States citizen. Therefore, you are eligible for a Social Security number and for employment.

To apply for a Social Security number:

Application For A Social Security Card (Form SS-5); and

Show us documents proving your:

Immigration status;

DHS work authorization (I-94, Arrival/Departure Record);

Age; and

Identity.

Take (or mail) your completed application and documents to your local Social Security office.

All documents submitted must be either originals or copies certified by the issuing agency. We cannot accept photocopies or notarized copies of documents.

---------------------------------------------------------------------------------------------------------------------------------------------------------

So based on this I assume he can start to find work A.S.A.P. right? And then when we file for AOS, which will be almost immediately we can apply for his work permit so his work authorization doesn't expire when his K1 does. I also read on there we could have even applied for a SSN with the I-129F?! We didn't know though so I guess it has to wait but I am gonna call the SS Dept on Monday and ask.

Thoughts? Help??

[little_g 35]

Also HERE is a list of Visa Classifications that Allow You to Work in the U.S. and K-1 is on it

[little_g 35]

aaaand here is the info I wish I had back in Jan:

"The Social Security Administration (SSA) has a new process for noncitizens to apply for Social Security number (SSN) cards as part of the immigration process. Now, people age 18 and older applying for immigrant visas with the U.S. Department of State can also apply for SSN cards at the same time."...

Link to this page is HERE

Edited May 29, 2011 by little_g

[little_g 35]

And for those of you like us who didnt do it at the time of applying here ya go:

If you are not an immigrant or did not apply for a Social Security number on your immigrant visa application, you must have your papers from DHS showing your U.S. immigration status and authorization to work in the United States. Then you should apply for a Social Security number and card by visiting an office. We recommend you wait 10 days after arriving in the United States to apply for a Social Security number. This will make it easier for us to verify your DHS documents online, which will speed processing of your Social Security number application. Applying for a Social Security number and card is free. To apply:

Complete an Application For A Social Security Card (Form SS-5);

Show us at least two original documents proving your:

Identity and immigration status,

Work eligibility and

Age; and

Take your completed application and original documents to your local Social Security office.

All documents must be either originals or copies certified by the issuing agency. We cannot accept photocopies or notarized copies of documents. We also cannot accept a receipt showing you applied for the document.

We may use one document for two purposes. For example, we may use your DHS work permit as proof of both your identity and work-authorized immigration status. Your birth certificate or passport may serve as proof of age. However, you must provide at least two separate documents.

We will mail your number and card as soon as we have all of your information and have verified your documents with the issuing offices.

[thelastpetitioner 218]

as far as im aware a ssn is not the same as EAD.it is needed to get an EAD BUT,having a ssn doesnt mean people can work legally

[little_g 35]

as far as im aware a ssn is not the same as EAD.it is needed to get an EAD BUT,having a ssn doesnt mean people can work legally

You do not need an EAD to work on a K-1 Visa. See my first and second post and inspect the links too. After all my digging I found that the K-1 visa is on the list of Visa Classifications that Allow You to Work in the U.S. BUT be aware that it will expire when your K-1 runs out so it is still essential to apply for your permit to work with your AOS.

Edited May 29, 2011 by little_g

[Nich-Nick 3,353]

He can go get a SSN as you have discovered, but it will be stamped that is is not valid for work without DHS authorization. His authorization will be an EAD card or greencard. In the VJ guides http://www.visajourney.com/content/guides, you'll also find on the right "How to get a SSN."

And getting one is often discusses in this forum http://www.visajourney.com/forums/forum/115-working-traveling-during-us-immigration/

Seriously, he can't work immediately.

Edited May 29, 2011 by Nich-Nick

[Dave&Roza 748]

There are two parts to this puzzle. 1) the K-1 fiancee visa is authorized for work and for a SSN,however; 2) the authorization MUST come from the USCIS not SSA not at the POE (CBP) in the form of the often mentioned I-551 stamp at JFK. This was because some states require a SSN in order to get married which is the whole point of the K-1 visa.

So your fiancee arrives in the US on a K-1 visa. After waiting ten (10) (but before 74 days after entry) to allow the information to enter the SAVE database, your finacee may apply for a SSN with the I-94, the K-1 visa, passport, and I would take along the birthcertificate just in case. The SSC will have the "NOT AUTHORIZED TO WORK WITHOUT DHS APPROVAL" that means your finacee MUST have an EAD or GC to legally work. The first authorizes to work is granted so the SSA will issue the SSN, it has nothing to do with the legal ability to work in the US. That required an EAD or GC period.

Hope this helps.

Dave

[little_g 35]

See I am reading conflicting things that you CAN work please see here: Visa Classifications that Allow You to Work in the U.S.

K1 is on the list and at the bottom is states "Please Note: If you have a different classification, you must show us evidence from the Department of Homeland Security that you are authorized to work." So you dont need DHS approval and besides you have to wait 10 days to get your SSN so that they can verify with the DHS that you are eligible for work.

Edited May 29, 2011 by little_g

[Inky 1,110]

You do not need an EAD to work on a K-1 Visa. See my first and second post and inspect the links too. After all my digging I found that the K-1 visa is on the list of Visa Classifications that Allow You to Work in the U.S. BUT be aware that it will expire when your K-1 runs out so it is still essential to apply for your permit to work with your AOS.

Sorry but you do need an EAD to work on a K-1 visa.

You need to apply for it with the AOS, The EAD will arrive before the green card in most cases.

[little_g 35]

Sorry but you do need an EAD to work on a K-1 visa.

You need to apply for it with the AOS, The EAD will arrive before the green card in most cases.

But has anyone read any of the links I provided direct from the social security website? It says you can work on that visa. I am not trying to be bull headed trust me and I will call them on Tuesday to get the skinny lol but seriously as a person who is just reading everything I have found it does confirm that you can indeed work on a K-1.

[Inky 1,110]

But has anyone read any of the links I provided direct from the social security website? It says you can work on that visa. I am not trying to be bull headed trust me and I will call them on Tuesday to get the skinny lol but seriously as a person who is just reading everything I have found it does confirm that you can indeed work on a K-1.

Yes I have there is no more EAD stamp for K-1 at port of entry. That was ended long ago.

You need to apply for an EAD to work before having a green card when you enter on a K-1 visa.

[little_g 35]

Yes I have there is no more EAD stamp for K-1 at port of entry. That was ended long ago.

You need to apply for an EAD to work before having a green card when you enter on a K-1 visa.

Yes and he will apply with the AOS but untill then this is sending conflicting messages if what you state is true...

The K-1 class of admission shown on your immigration document indicates you are the fiancé of a United States citizen. Therefore, you are eligible for a Social Security number and for employment.

To apply for a Social Security number:

Application For A Social Security Card (Form SS-5); and

Show us documents proving your:

Immigration status;

DHS work authorization (I-94, Arrival/Departure Record);

Age; and

Identity.

Take (or mail) your completed application and documents to your local Social Security office.

Again I will call to confirm everything on Tuesday wish tomorrow wasnt a holiday now hehehe but I will never do anything without making double double sure.

[NigeriaorBust 4,087]

The social security department is all about getting a ss number. It has no power to authorize you to work. Because of the rather strange rules about who can get an SS number they have an internal document that lists K1 as work authorized. ( their clecks are brainwahed that SS numbers are only issued to people authorized to work ) If a visa class actually needs proof of employablility before working the SS is issued with NOT VALID WITHOUT DHS Authorization. The government group that controls what visas are work authorized DOES not allow K1 holders to work. You must have either a green card or an EAD. Technically you could apply for the EAD with your K1 but it takes at least 60 days and expires on your 90th day.

[cchhat01 14]

Yes and he will apply with the AOS but untill then this is sending conflicting messages if what you state is true...

The K-1 class of admission shown on your immigration document indicates you are the fiancé of a United States citizen. Therefore, you are eligible for a Social Security number and for employment.

To apply for a Social Security number:

Application For A Social Security Card (Form SS-5); and

Show us documents proving your:

Immigration status;

DHS work authorization (I-94, Arrival/Departure Record);

Age; and

Identity.

Take (or mail) your completed application and documents to your local Social Security office.

Again I will call to confirm everything on Tuesday wish tomorrow wasnt a holiday now hehehe but I will never do anything without making double double sure.

I too was confused about this when I read @TracyTNs signature. Basically, SSA rules imply things from SSA standpoint only. Do not extrapolate this to mean that your fiance can work after having exercised the K1 Visa.