Authorized to work prior to EAD

[spectec 12]

My wife applied for a SSN today. I had checked the box which said not authorized to work on the application. When we gave the paper to the person at the window he entered all the info and then asked us to verify the information he entered. When I read this paper it said authorized to work so I asked him why he put that when I had checked not authorized to work. He said because she is authorized to work on a K-1 until it expires. I questioned him 3 times on it and told him I didn't think this was the case but he insisted she could work. He pointed out that there could be a gap in employment authorization between the expiration of the K-1 and the receipt of the EAD but still insisted she could work now until the expiration of the K-1. Anyway it seems her SS card won't have this restriction. I think I know the rule already but maybe some of you can comment. I'm confused now

[Darnell 8,478]

the announcement that a K-1 visa holder can work within the 90 days of the I-94 duration would be huge, mondo huge news.

I've not seen it this quarter or the last, so I'm thinking you got a poorly trained SSA employee. They do exist, sometimes in abundance.

[paojack 41]

This same question has been asked a million times and the answer is the same: NO, she can't work until she gets either EAD or GC, whatever comes first. It does not matter if her SS comes restricted or not, she can't work yet. The SS employees are usually not familiar with immigration stuff.

Edited April 24, 2012 by paojack

[Gary and Alla 3,694]

My wife applied for a SSN today. I had checked the box which said not authorized to work on the application. When we gave the paper to the person at the window he entered all the info and then asked us to verify the information he entered. When I read this paper it said authorized to work so I asked him why he put that when I had checked not authorized to work. He said because she is authorized to work on a K-1 until it expires. I questioned him 3 times on it and told him I didn't think this was the case but he insisted she could work. He pointed out that there could be a gap in employment authorization between the expiration of the K-1 and the receipt of the EAD but still insisted she could work now until the expiration of the K-1. Anyway it seems her SS card won't have this restriction. I think I know the rule already but maybe some of you can comment. I'm confused now

She is NOT authorized to work. The SS administration does not determine that, USCIS does. You asked a clerk that does not know but has no porblem with making up answers.

The reason it is listed as "WORK AUTHORIZED" is so the SS computers will default to issue her a SSN which is needed in SOME jurisdictions (or used to be) in order to get a marriage license to fulfill her obligations under the visa. This is also why the K-1 can get an SSN immediately on arrival and up to the 76th day of her I-94

K-3s, WIVES of US citizens cannot get an SSN without an EAD or Green card because they do ot need one to get a marriage license, nor can K-2s get one, for the same reason. Do you really trhink they will allow a fiancee to work and not a wife?

Another clue that they know nothing...the K-1 was CANCELLED when she entered the USA. The expiration is the date by which she must enter. Most K-1s never expire, they are cancelled on entry, it is a single entry visa. Think of it as postage, the stamp is cancelled when the package is delivered.

Unfortunately you have been fed wrong information. No matter how many times an untrained clerk repeats it, it is still wrong. Check the I-9 form to authorize employment, she does not have any of the documents listed there and will not be approved by E-verify

It WOULD be possible for you to file for an I-765 now, before marriage and before AOS and that would be valid until her I-94 expires in 90 days, but it will take nearly 90 days to get the EAD. Then you need to file for another one. If you wait until you do the AOS it is free.

The K-1 is not a work visa. If work was an issue then you should have been married first and done a CR-1

the announcement that a K-1 visa holder can work within the 90 days of the I-94 duration would be huge, mondo huge news.

I've not seen it this quarter or the last, so I'm thinking you got a poorly trained SSA employee. They do exist, sometimes in abundance.

Corrected

[Gary and Alla 3,694]

This same question has been asked a million times and the answer is the same: NO, she can't work until she gets either EAD or GC, whatever comes first. It does not matter if her SS comes restricted or not, she can't work yet. The SS employees are usually not familiar with immigration stuff.

FWIW Alla is now a citizen and still has a "restricted" SS card. So what? A SS card is not work authorization, even for a citizen. One day she will change it, and change her name on it and when the new one comes she will dig the old one out of the bottom of the drawer and put the new one in the bottom of the drawer.

[spectec 12]

She is NOT authorized to work. The SS administration does not determine that, USCIS does. You asked a clerk that does not know but has no porblem with making up answers.

The reason it is listed as "WORK AUTHORIZED" is so the SS computers will default to issue her a SSN which is needed in SOME jurisdictions (or used to be) in order to get a marriage license to fulfill her obligations under the visa. This is also why the K-1 can get an SSN immediately on arrival and up to the 76th day of her I-94

K-3s, WIVES of US citizens cannot get an SSN without an EAD or Green card because they do ot need one to get a marriage license, nor can K-2s get one, for the same reason. Do you really trhink they will allow a fiancee to work and not a wife?

Another clue that they know nothing...the K-1 was CANCELLED when she entered the USA. The expiration is the date by which she must enter. Most K-1s never expire, they are cancelled on entry, it is a single entry visa. Think of it as postage, the stamp is cancelled when the package is delivered.

Unfortunately you have been fed wrong information. No matter how many times an untrained clerk repeats it, it is still wrong. Check the I-9 form to authorize employment, she does not have any of the documents listed there and will not be approved by E-verify

It WOULD be possible for you to file for an I-765 now, before marriage and before AOS and that would be valid until her I-94 expires in 90 days, but it will take nearly 90 days to get the EAD. Then you need to file for another one. If you wait until you do the AOS it is free.

The K-1 is not a work visa. If work was an issue then you should have been married first and done a CR-1

Corrected

As I said I thought I knew the rule and figured it was wrong information. I just wanted to post my experience and see if anyone had any comment. Don't kill me Gary.

[paojack 41]

FWIW Alla is now a citizen and still has a "restricted" SS card. So what? A SS card is not work authorization, even for a citizen. One day she will change it, and change her name on it and when the new one comes she will dig the old one out of the bottom of the drawer and put the new one in the bottom of the drawer.

I know, that's why I said that it does Not really matter. I actually used to have mine 'restricted' too until I was declined a credit card (believe it or not) "because my social security card says that is only used for work with DHS authorization", even though I showed my GC too. Whatever!

[Gary and Alla 3,694]

I know, that's why I said that it does Not really matter. I actually used to have mine 'restricted' too until I was declined a credit card (believe it or not) "because my social security card says that is only used for work with DHS authorization", even though I showed my GC too. Whatever!

They walk among us!

Best bet...bury the damn SS card in a drawer somewhere, it is not needed for anything.

[Gary and Alla 3,694]

As I said I thought I knew the rule and figured it was wrong information. I just wanted to post my experience and see if anyone had any comment. Don't kill me Gary.

I have no quarrel with you, just trying to explain WHY this happens. There is a reason K-1s are listed as "work authorized" and a lot of people, including SS office clerks, do not know why. Which does not stop them from making things up, as you see.

Good luck