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

[KayDeeCee 4,891]

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?????

What is there not to believe about that? That is for those working in the SSA offices. It was a memo to let them know what to accept in order to give a SS# to a K-1 holder. It states that someone with a K-1 can be issued an SSN without an EAD. They will issue K-1 holders an SSN based on a valid I-94. Read again the posts above. It was explained why K-1 holders were authorized to get SS cards. You can get an SSN with just your valid I-94, but you cannot work without an EAD. The SSN does not authorize employment.

Edited May 30, 2011 by Jay-Kay

[dragonlover 6]

What is there not to believe about that? That is for those working in the SSA offices. It was a memo to let them know what to accept in order to give a SS# to a K-1 holder. It states that someone with a K-1 can be issued an SSN without an EAD. They will issue K-1 holders an SSN based on a valid I-94. Read again the posts above. It was explained why K-1 holders were authorized to get SS cards. You can get an SSN with just your valid I-94, but you cannot work without an EAD. The SSN does not authorize employment.

Maybe you try to read the whole documents Jay-Kay so that you know where i am coming from. Maybe you are missing the part that says " Title: Evidence of Employment Authorization for K1....... A nonimmigrant alien in K1 alien status is AUTHORIZED TO WORK BASED ON THAT STATUS AND IS NO LONGER REQUIRED TO SHOW AND EMPLOYMENT AUTHORIZATION DOCUMENT (EAD) as a proof of employment authorization when applying for a social security number (ssn) card....

So now tell me why i should not be confused???????

Edited May 30, 2011 by dragonlover

[VanessaTony 3,567]

Maybe you try to read the whole documents Jay-Kay so that you know where i am coming from. Maybe you are missing the part that says " Title: Evidence of Employment Authorization for K1....... A nonimmigrant alien in K1 alien status is AUTHORIZED TO WORK BASED ON THAT STATUS AND IS NO LONGER REQUIRED TO SHOW AND EMPLOYMENT AUTHORIZATION DOCUMENT (EAD) as a proof of employment authorization when applying for a social security number (ssn) card....

So now tell me why i should not be confused???????

A K1 IS able to work WITH an EAD... that's what they mean by work eligible because a K1 can GET an EAD. A tourist visa is NOT work authorised and CANNOT get an EAD.

We're not saying it's not confusing, but when you get your SSN and you see it clearly printed "valid with DHS authorization" you'll understand. Some people have SSN's that say "not valid for employment" on them so even with an EAD they can't use the SSN and they need to go back to the SSA to get the "not valid for work" part removed and changed to "valid with DHS authorization".

The part you quoted is to explain that K1's USED to be only able to get SSN's when they showed an EAD/GC but many states used to require a SSN to get married so the K1 was made "work authorised" so that a SSN could be printed.

Edited May 30, 2011 by Vanessa&Tony

[VanessaTony 3,567]

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:

<snip>

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??

Nope, sorry. A K1 is eligible for a SSN and was made "work eligible" on the SSA system so that a SSN could be generated BUT when you get the SSN it will say "valid with DHS authorization"... the authorization being an EAD. Once he gets his GC he takes the GC to the SSA and the wording is removed.

There is a form called an I-9 which is for employment eligibility verification and you will see that your K1 fiance will not have the evidence required to pass the check.

Your K1 IS able to apply for an EAD prior to applying for AOS but you have to pay $340+ for it and it's only valid until the I-94 expires and given that it takes 2 months ish to arrive it's a complete waste of money. Your fiance won't be working for around 5 months, possibly longer, possibly shorter but it depends on how long it takes for you to get married and then file for AOS (and EAD and AP).

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

A K1 is a non-immigrant visa.

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. You're confusing things. The SSA does not give non-immigrants/immigrants the permission to work. They simply give you a SSN. USCIS determines if you're able to work and a K1 cannot unless they have an EAD/GC.

Edited May 30, 2011 by Vanessa&Tony

[VanessaTony 3,567]

Here's the I-9: http://www.uscis.gov/files/form/i-9.pdf page 5 has the list of accepted documents.

[KayDeeCee 4,891]

Maybe you try to read the whole documents Jay-Kay so that you know where i am coming from. Maybe you are missing the part that says " Title: Evidence of Employment Authorization for K1....... A nonimmigrant alien in K1 alien status is AUTHORIZED TO WORK BASED ON THAT STATUS AND IS NO LONGER REQUIRED TO SHOW AND EMPLOYMENT AUTHORIZATION DOCUMENT (EAD) as a proof of employment authorization when applying for a social security number (ssn) card....

So now tell me why i should not be confused???????

I HAVE read the whole thing. As a matter of fact, my husband(fiance at the time) and I printed out that EXACT memo and took it with us to the SSA to prove he was able to get an SSN with a K-1. K-1 holders are authorized to work, with an EAD. When that memo came out, it was inform the employees at the SSA that a K-1 holder could get their SSN with just their I-94. Before that, it was required for them to have the EAD first.

Many of the employees still do not know you can get your SSN without having an EAD first. We had to show the lady at the SS office that memo before she went to ask someone else about it, and then finally gave him one. It came printed with, "Valid for work only with DHS authorization". He was not able to work in the US until he received his EAD. That is how it works for a K-1. Now that he has his green card, we can go back to the SS office and get him a new SS card without that statement printed on it.

[Otto 83]

** Topic is discussed extensively in our Working & Traveling During US Immigration forum (see pinned and other topics there); moving this thread there as well.

[samton 1]

hmmm curious here! nice topic

[Helen Louise Pile 80]

Just goes to show you how carefully you must read the information and how reading up to date information is so important!

When I applied for my SSN the lady told me once I received my card I could work. I told her I didn't have my GC or EAD yetand she told me "It doesn't matter, you don't need that, you have your SSN now" I have quickly learned that you have to know the rules yourself and know them well! She refused to listen to me when I told her this was not true.

I have found on more than one occasion that local authorities are not particularly aware of the details of immigration laws here and the wording of guides can be confusing at times so I am not surprised. Make sure you know it for yourself so that you don't brake the law.

[Gosia & Tito 199]

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

Question, the packet 3 directs to only complete Part I of the DS-230, question 43 that is required for the SS card is in Part II. Is Part II completed during the interview?? Or is it sent regardless of the instructions?

[dragonlover 6]

Just goes to show you how carefully you must read the information and how reading up to date information is so important!

When I applied for my SSN the lady told me once I received my card I could work. I told her I didn't have my GC or EAD yetand she told me "It doesn't matter, you don't need that, you have your SSN now" I have quickly learned that you have to know the rules yourself and know them well! She refused to listen to me when I told her this was not true.

I have found on more than one occasion that local authorities are not particularly aware of the details of immigration laws here and the wording of guides can be confusing at times so I am not surprised. Make sure you know it for yourself so that you don't brake the law.

Thank you for that info. I Just got too excited to have found that memo about K1 pertaining work authorization. Guess my bubble has burst and should just wait for my EAD to be able to work...

[newlyweds2010 208]

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??

Just to give you an idea of how even gov sites can be imprecise, see the bold words above. You don't come to the US to marry your boyfriend, you go to the movies with your boyfriend, you go out to eat pizza with your boyfriend, etc. This, simply because the K-1 visa is not called Boyfriend visa. This means that the SSA has no idea of the immigration process (their bad, actually, but this is how it is). Check form I-9 which is the "eligibility to work" form that every employee must fill in and give to their employer prior to start working. The form lists all the documents required to prove eligibility to work, and the K-1 visa is not among them.

[little_g 35]

I can't seem to edit my very first post and I wish I could cause I think I created a monster lol!

Anyway I do understand what everyone is saying, a k1 or I-94 when you get in does authorize you to apply for an EAD but you are not authorized to work till then. It is all written very poorly and it is a shame too as dual income is so important in this economy. Anyway I will just file for AOS shortly after he arrives as we are doing a quick court marriage and a party down the road separate (were both divorced so no need for big and fancy) but still get him a ssn after 10 or so days. We are gonna have to get a name change on mine anyway so we can kill two birds with one stone. Lol I wasn't trying to be stubborn I just was so majorly confused by conflicting info. Regards for everyone's help. Let's hope this thread dies hahaha but at the least there is good info on getting a ssn prior to coming over to the US and hopefully others like me will be clarified on the issue.

[Inky 1,110]

Question, the packet 3 directs to only complete Part I of the DS-230, question 43 that is required for the SS card is in Part II. Is Part II completed during the interview?? Or is it sent regardless of the instructions?

K-1s are not issued an SSN through the DS forms. That is for people who are entering on CR-1 / IR-1 to be issued an SSN on entry.

[VanessaTony 3,567]

Question, the packet 3 directs to only complete Part I of the DS-230, question 43 that is required for the SS card is in Part II. Is Part II completed during the interview?? Or is it sent regardless of the instructions?

Part II is for spouses. You are applying for a k1 so not a spouse so you'll never do Part II

I can't seem to edit my very first post and I wish I could cause I think I created a monster lol!

Anyway I do understand what everyone is saying, a k1 or I-94 when you get in does authorize you to apply for an EAD but you are not authorized to work till then. It is all written very poorly and it is a shame too as dual income is so important in this economy. Anyway I will just file for AOS shortly after he arrives as we are doing a quick court marriage and a party down the road separate (were both divorced so no need for big and fancy) but still get him a ssn after 10 or so days. We are gonna have to get a name change on mine anyway so we can kill two birds with one stone. Lol I wasn't trying to be stubborn I just was so majorly confused by conflicting info. Regards for everyone's help. Let's hope this thread dies hahaha but at the least there is good info on getting a ssn prior to coming over to the US and hopefully others like me will be clarified on the issue.

Lol. there's a 5 minute limit on editing posts (except for Organisers and Mods).

It's completely understandable that you would read that and get excited. I'm sure all of us did at one stage (I know I did) until our bubble was burst. Asking a USC doesn't help either unless they've done it because they've likely never dealt with the immigration side before... just like the officers at SSA who seem to think having a SSN is all you need because that IS all that USC's need... they forget that not everyone is a USC and that the SSA isn't the be-all end-all.

On the dual income note... I have to admit it's WEIRD! I've never had dual income before. Ex-bf's and what not we'd just split 50/50 but it's weird having my bills paid and not working (while waiting for GC etc) and I admit it's pretty awesome! I'm really excited to get a job, not only to help out but because having a dual income will be great. Tony's able to pay the bills no problem but "my" income will help us save to go to Aus, to update our home (we bought a house) and lots of other fun things we want to do. What's not to love