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

[Gary and Alla 3,694]

K-1s cannot leaggly work without an EAD. There is no question about it and anyone saying otherwise is wrong.

He CAN get an SSN which will NOT allow him to work. The SS adminstration does not determine who works. They classify the K-1 as "work eligible" as a default to issue them a card since some jursidictions used to require an SSn to get married. Therein lies the confusion.

Te K-1 is not a work visa. Be prepared to support your fiance(e) and yourself for 3-6 months after he arrives. This is no problem becuse you had to prove you cold for the visa to be issued and you will have to prove it again so he can get the EAD and green card.

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

K-1 is not an immigrant visa.

SS does not determine work eligibility.

[Barbara J 115]

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.

I too read all this and to be informed the K1 visa expires the minute your fiance hits US soil. Your I-94 is what expires and I was also confused on reading all that from SS but it is old and we as K1 visa holders entering the US can only work with EAD.

[Gary and Alla 3,694]

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.

Yes, you do need an EAD.

Th eSS "list" is not the determining factor. Ever wonder why your fiance(e) could work but your wife or husband (K-3) would not be able to? Does it strike you as strange? K-3s do not need to get married (they already are) so they had no need for an SSN to get a marriage lisence. For the same reason a K-2 and K-4 are not eligible for an SSN.

all this means is that the K-1 can get an SSN without an EAD, they cannot get a JOB without an EAD. His SS card will proudly state right on it "Not valid for work without DHS authorization"

I too read all this and to be informed the K1 visa expires the minute your fiance hits US soil. Your I-94 is what expires and I was also confused on reading all that from SS but it is old and we as K1 visa holders entering the US can only work with EAD.

The K-1 is a one-way, one time visa. It is CANCELLED upon entry. It does not "expire" unless you never enter the US. The I-94 replaces it.

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.

No, none of us ever read those things and none of us have been through this ourselves.

The K-1 is not work authorized. No matter how confused you get...just remember that.

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.

actually, some POEs still give it, but it is not valid with a K-1. FYI they gave one to our 13 year old K-2 son when he arrived.

[Gosia & Tito 199]

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.

Confused as well, I had read the SSA guidelines, but I researched some more and found:

http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf

Go to Page 3.

Granted it's a few years old, but have not found anything amending it and it seems to align with the possibility of an EAD from day 1 but to expire at the expiration of the K-1. Since DHS/USCIS controls who can work, I'd go with this.

Why would there not be some rationalization across policies? Hmmm, we are talking about the government here, they wouldn't make it too easy....would they?

[dragonlover 6]

check this link out..http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.kamya.com%2Fssn%2Fem00154.pdf&h=3b81b that link is under this link http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.visajourney.com%2Fcontent%2Fotherforms&h=3b81b

correct me if im wrong, but it says here under K1 visa we are eligible to get ssn and using i-194 we can work legially..???? englighten me pls!!!!

[dragonlover 6]

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.

what you think of this link from visajourney forms and stuff about k1...... "SSN K-1 Authorization: This file is an notice to all SSA offices that authorizes any valid K-1 holder to be issued a SSN. You do NOT need a EAD to get a SSN while you have a vaild K-1. Bring this memo with you! Not all offices are aware that you can be issued a SSN and they may tell you that you need an EAD"

[dragonlover 6]

I think i would agree with little_g. read this pdf file about SSN K1 AUTHORIZATION

http://www.visajourney.com/content/otherforms

[dragonlover 6]

i think this one is a better link for the pdf explaining the SSN K1 AUTHORIZATION

http://www.kamya.com/ssn/em00154.pdf

[spartan 2]

There's no problem in getting SSN. It's the employer that is looking for the EAD or Green card.

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.

[KayDeeCee 4,891]

I think i would agree with little_g. read this pdf file about SSN K1 AUTHORIZATION

Read what Gary and Alla posted above. A K-1 Visa holder CANNOT work without an Employment Authorization Document(EAD), period.

You CAN file an I-765, pay $380, and get an EAD before filing AOS... BUT... it will expire when your I-94 does. It is rather pointless, and a waste of money. You can file for the EAD when you file for AOS and it is then free, and you can use it to find work while waiting for your green card to be approved.

Edited May 30, 2011 by Jay-Kay

[Que Saudade 284]

I think i would agree with little_g. read this pdf file about SSN K1 AUTHORIZATION

http://www.visajourney.com/content/otherforms

I think I would agree with Gary and Alla's post, but who is keeping tabs with who agrees with who?

No matter how bad you want it to be true that you don't need an EAD card to work, it just isn't going to happen.

[claytlin 2]

I just got my SS card today in the Mail and it Clearly says you cannot work unless approval from DHS. Infact when i applied for an SSN a week ago the lady specifically told me YOU CANNOT WORK !!! WITHOUT a EAD and that once i got my EAD i need to come back to the office so they can feed it into the system.

[Darnell 8,478]

IMO, if you follow the documentation requirements on the I-9 form, you'll be golden.

[dragonlover 6]

alright alright... i was just all too curios and and too excited to see a glimpse of hope that i can work before i can even file my aos.. Now you guys made me wonder that some INFO's found here such at VJ and posted by www.visajourney.com itself such as http://www.kamya.com/ssn/em00154.pdf i should not believe then?????

[Inky 1,110]

I just got my SS card today in the Mail and it Clearly says you cannot work unless approval from DHS. Infact when i applied for an SSN a week ago the lady specifically told me YOU CANNOT WORK !!! WITHOUT a EAD and that once i got my EAD i need to come back to the office so they can feed it into the system.

Mine said the exact same thing when I got mine " not valid for work without DHS authorization " in big black letters. When my green card came in the mail I went back to the office and they removed the words from the SSN.

I was told at my POE NO working without an EAD card. Was told at the SSN office CANT USE IT TO WORK not to mention the card said you cant use it to work without authorization.

When I applied for my job they required the actual ssn card be handed to them to verify as well as the green card.