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Filed: K-1 Visa Country: Morocco
Timeline
Posted

So, my fiance's POE was happy and easy and we have been together for the last week and a half and it is FANTASTIC.

However, today was very frustrating. We went to the Social Security office to apply for a SSN and even though we had all the information about K1 visas printed out, the woman AND her supervisor refused to give him one, saying he needed an EAD. Even on their computer screen, it said that K1 was authorized to work-- the K2 and K3 cells in the database underneath specifically said that authorization was needed. But, both the woman AND her supervisor said we needed proof from immigration, and got all snotty with me when I politely tried to explain.

HELP!?

Posted (edited)

So, my fiance's POE was happy and easy and we have been together for the last week and a half and it is FANTASTIC.

However, today was very frustrating. We went to the Social Security office to apply for a SSN and even though we had all the information about K1 visas printed out, the woman AND her supervisor refused to give him one, saying he needed an EAD. Even on their computer screen, it said that K1 was authorized to work-- the K2 and K3 cells in the database underneath specifically said that authorization was needed. But, both the woman AND her supervisor said we needed proof from immigration, and got all snotty with me when I politely tried to explain.

HELP!?

Is there anothe SSA office that is near-by? If so go there and try. You are eligible for a SSN NOW. Unfortunately most SSA employees are as knowledgable as a stump when it comes to a K-1 visa. It could be that he is not in the SAVE database yet, but after a week and a half he should be. Most people recommend waiting two weeks to make certain whereas others have been successful after a single day in the USA. I would shown them the I-94, the passport, and birth certificate as proof and not mention the K-1 visa until asked. Fill out the SS-5 as "legal alien eligible to work." Worst case is that he will have to wait until the EAD, but I would call the SSA national number and explain to them what happened. I hope you have both of their names, date, and time and talk to someone in the main office. I called them before going in and they told me everything I needed and that my then fiancee was indeed eligible for a SSN.

It is so unfortunate that we have to train these people to do their jobs.

Good luck.

Dave

Edited by Dave&Roza
Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted (edited)

So, my fiance's POE was happy and easy and we have been together for the last week and a half and it is FANTASTIC.

However, today was very frustrating. We went to the Social Security office to apply for a SSN and even though we had all the information about K1 visas printed out, the woman AND her supervisor refused to give him one, saying he needed an EAD. Even on their computer screen, it said that K1 was authorized to work-- the K2 and K3 cells in the database underneath specifically said that authorization was needed. But, both the woman AND her supervisor said we needed proof from immigration, and got all snotty with me when I politely tried to explain.

HELP!?

Not sure, but the instructions for K-1 seem as if he does have to file for Employment Authorization:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization.

I have no idea really, just hope you get it sorted out!

Edited by kathump
Posted

Not sure, but the instructions for K-1 seem as if he does have to file for Employment Authorization:

http://www.uscis.gov...000082ca60aRCRD

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization.

I have no idea really, just hope you get it sorted out!

What you are confusing are two seperate items. Item 1 is the eligibility to obtain a SSN. In order for that to happen the SSA states that a K-1 visa hold is eligible to work and therefore may receive a SSN. THIS DOES NOT MEAN THE K-1 VISA HOLD IS ABLE TO WORK LEGALLY WITH JUST A SSC. Item 2 is the ability to LEGALLY work as a K-1 visa holder. For that you MUST have an EAD card or GC in order for the employer to fill out the I-9 form which is required for all new hires.

The OP is eligible for a SSC as a K-1 visa holder as long as the application is done before day 74 of the I-94 or within 2 weeks of it expiring. Once within that 2 week window SSA will not issue a SSN and then you will have to wait for the EAD or GC.

Dave

Filed: AOS (apr) Country: Denmark
Timeline
Posted

Did you make sure to bring i-94 in the passport?, and they checked to make sure she was in the system? It can take a bit longer than the week and a half you mention. If they still refused to give it to her I'd suggest going to a different SSA office like others have said.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

Filed: K-1 Visa Country: Morocco
Timeline
Posted

hey i did got mine in Peoria IL SSA without any problems ,, at first we gived them our form and also my passport she said plz sit we sited like 10 min then anther girl called my name and said plz check if i spelled ur name right i said u did well then gived me a paper then in about 10 days i got it in Mail , with a says " Autorized to work only with DHS ............)

Filed: Timeline
Posted

So, my fiance's POE was happy and easy and we have been together for the last week and a half and it is FANTASTIC.

However, today was very frustrating. We went to the Social Security office to apply for a SSN and even though we had all the information about K1 visas printed out, the woman AND her supervisor refused to give him one, saying he needed an EAD. Even on their computer screen, it said that K1 was authorized to work-- the K2 and K3 cells in the database underneath specifically said that authorization was needed. But, both the woman AND her supervisor said we needed proof from immigration, and got all snotty with me when I politely tried to explain.

At which SSA office did this happen?

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

What you are confusing are two seperate items. Item 1 is the eligibility to obtain a SSN. In order for that to happen the SSA states that a K-1 visa hold is eligible to work and therefore may receive a SSN. THIS DOES NOT MEAN THE K-1 VISA HOLD IS ABLE TO WORK LEGALLY WITH JUST A SSC. Item 2 is the ability to LEGALLY work as a K-1 visa holder. For that you MUST have an EAD card or GC in order for the employer to fill out the I-9 form which is required for all new hires.

The OP is eligible for a SSC as a K-1 visa holder as long as the application is done before day 74 of the I-94 or within 2 weeks of it expiring. Once within that 2 week window SSA will not issue a SSN and then you will have to wait for the EAD or GC.

Dave

Thanks for clearing that up. As I said, I really had no idea.. probably a good thing to remember in the future when I think I can offer anyone assistance on a subject that I have no first-hand knowledge of. :)

OP, I hope you get everything sorted out, good luck!

Posted

What you are confusing are two seperate items. Item 1 is the eligibility to obtain a SSN. In order for that to happen the SSA states that a K-1 visa hold is eligible to work and therefore may receive a SSN. THIS DOES NOT MEAN THE K-1 VISA HOLD IS ABLE TO WORK LEGALLY WITH JUST A SSC. Item 2 is the ability to LEGALLY work as a K-1 visa holder. For that you MUST have an EAD card or GC in order for the employer to fill out the I-9 form which is required for all new hires.

The OP is eligible for a SSC as a K-1 visa holder as long as the application is done before day 74 of the I-94 or within 2 weeks of it expiring. Once within that 2 week window SSA will not issue a SSN and then you will have to wait for the EAD or GC.

Dave

My wife, then K1 fiancee, and I went to the SSA office 6 days after her and her daughter (my stepdaughter) entered the US. Applied for SSN and all went well. Had to wait a few extra days before they could process because she did not show in the system (some USCIS system or DHS system that shows you entered the US). They would not issue our daughter (K2 VISA) a SSN though. Said K2 had to have an EAD before they would issue her a SSN. This was verified by me, no big deal.

Wife's SS card, in her maiden name came in mail about 1.5 weeks later. In the meantime we got married. Returned to SSA office a few days after we got her maiden name SSC and applied for name change. No problem, recieced new SSC in her married name 1 week later.

Neither of them may work yet though. We have applied for AOS, including app for EAD. Should have them in mid November according to VJ timeline.

Posted

Usually happens at a social security office where they don't deal with a lot of K1 or K2 visa's. My wife got her social security card within three weeks of POE. Our social security office sees lots of immigrant applicants. The K2 for my step daughter stumped them though. They kept trying to isssue her a card and the system would not let them. For K2's they must have and EAD or green card to get the SSN.

Filed: K-1 Visa Country: Morocco
Timeline
Posted

And... we went to the office today in the neighboring city and was out in 20 minutes with a receipt, no questions asked, didn't even require a birth certificate! We called ahead but didn't even need to.

For the record: Durham, NC office is awesome.

Raleigh, NC office is horrible. Especially the supervisor there who was rude and condescending and implied that my fiance was already working without a SSN and that is why I was so insistent on getting it. Sigh.

Thanks for all the help!!

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