Social Security card and working

[yutsoku 1]

This is the best place to post this I assume... sorry if I still managed to get the wrong forum. This place is pretty large for newer users.

I was reading on our process because we have our interview in a couple of weeks. When she gets to America and applies for the social security number, does that mean once she gets that she is legal to work?

We are doing the K-1 Visa and according to this website:

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

The K-1 Visas are allowed to work... But I'm not sure if it's that easy... since it's never that easy.

K-1

Fiancé or fiancé of a U.S. citizen

Legal alien allowed to work

Anyways should be a simple question regardless any information would be great

[kzielu 1,147]

This is the best place to post this I assume... sorry if I still managed to get the wrong forum. This place is pretty large for newer users.

I was reading on our process because we have our interview in a couple of weeks. When she gets to America and applies for the social security number, does that mean once she gets that she is legal to work?

No. She will be allowed to work when she gets EAD - either before filing for AOS (which is waste of money and does not make any sense) or after filing for AOS (free with I-485). Social Security Card by itself does not allow one to work.

[K&E2009 71]

What they said ^^^

:thumbs:

[Caryh 5,206]

She should get her SS card early, within two weeks of the I-94 expiring. But this will not allow her to work, and it will say right on the SS card she needs permission from DHS to work. There was some confusion a number of years ago due to a memo by the State Department that allowed the K1 to work during those first 90 days of the I-94, but most did not bother to because they were busy adjusting and getting married, plus they would need to quit until the EAD was issued afterwards. It was later clarified that the earlier notice that was allowing them to work had the real intent of just allowing them to get the SS number. So you may find some contradictory information on the internet and even on the SSA web site.

[Anh map 2,098]

*Moved from US Citizenship forum to K1 forum.*

[yutsoku 1]

*Moved from US Citizenship forum to K1 forum.*

But what I don't get... is why does it say she's allowed to work on the social security website under K-1 visa... I guess because once we get married the visa becomes null? So technically wouldn't she be able to work on the K1 until we got married... We have a job lined up for her already is why I'm asking. That's why I'm confused, I hear about people working and some people say they aren't allowed to work.. I don't know I guess I'm just confused, sorry.

[LeftCoastLady 441]

But what I don't get... is why does it say she's allowed to work on the social security website under K-1 visa... I guess because once we get married the visa becomes null? So technically wouldn't she be able to work on the K1 until we got married... We have a job lined up for her already is why I'm asking. That's why I'm confused, I hear about people working and some people say they aren't allowed to work.. I don't know I guess I'm just confused, sorry.

The K-1 visa becomes void once she enters the U.S. Thus, she isn't on any visa after she enters. She will need to adjust status after marriage to you before she will have legal status to remain in the U.S.

Technically, one can apply for the Employment Authorization Document before the I-94 expires, however, it usually takes three months to receive the EAD, so by the time she receives it, she won't be able to work. This is why most recommend filing for the EAD when adjusting status to a) save money and b) have a document that is valid for longer than a couple of weeks.

Bottom line, without a green card or EAD, she cannot legally work in the U.S.

Edited July 9, 2012 by LeftCoastLady

[KayDeeCee 4,892]

The K-1 visa becomes void once she enters the U.S. Thus, she isn't on any visa after she enters. She will need to adjust status after marriage to you before she will have legal status to remain in the U.S.

Technically, one can apply for the Employment Authorization Document before the I-94 expires, however, it usually takes three months to receive the EAD, so by the time she receives it, she won't be able to work. This is why most recommend filing for the EAD when adjusting status to a) save money and b) have a document that is valid for longer than a couple of weeks.

Bottom line, without a green card or EAD, she cannot legally work in the U.S.

Filing for the EAD before AOS is a waste of money. You need to pay $380 for it, and you basically won't have enough time to use it before it expires. The fee for the EAD is waived when filing it at the same time as your I-485, and the EAD you receive then is good for a year and will last long enough to fill the gap of time between filing and waiting for the green card approval.

Someone that enters with a K-1 is a legal alien allowed to work. That is what you mark on the SSN form when applying. That category allows someone with a K-1 the eligibility to apply for their SSN after they enter the US. It is usually best to wait 10-14 days after entry, but technically they could apply right away. The wait time is just to make sure their name is in the system already.

They are legal and allowed to work, so long as they have their EAD and SSN. They need both to work, not one or the other. When their green card is approved, they have permanent resident status, and that plus their SSN is all they need then.

[VanessaTony 3,567]

But what I don't get... is why does it say she's allowed to work on the social security website under K-1 visa... I guess because once we get married the visa becomes null? So technically wouldn't she be able to work on the K1 until we got married... We have a job lined up for her already is why I'm asking. That's why I'm confused, I hear about people working and some people say they aren't allowed to work.. I don't know I guess I'm just confused, sorry.

She's legally allowed to apply for PERMISSION to work. Some visas do not allow the visa holder to work (or apply for a work permit) and thus they are not eligible for a SSN.

Remember the SSA isn't the one that tells you whether you are legally allowed to do anything. They simply issue the SSN to you, not your work permit.

[yutsoku 1]

Ahh so it sounds like I just had it wrong. I see thanks a lot guys, that's a lot of good information. I appreciate your time.

[Bryan and Isabel 29]

my question is how does this work? she enters with k1 visa, she applies for ssn, we get married, then she applies for EAD, and how long does that take?

[Penguin_ie 5,987]

**** Moving from K1 to Working During US Immigration ***

[K&E2009 71]

my question is how does this work? she enters with k1 visa, she applies for ssn, we get married, then she applies for EAD, and how long does that take?

From the time you send the AOS package away it takes about 60-70 days to get the EAD.

[Bryan and Isabel 29]

From the time you send the AOS package away it takes about 60-70 days to get the EAD.

thank you

[Caryh 5,206]

thank you

That is what its currently taking, but you never know when resources will get diverted to another task and the wait will get longer. After you apply for the AOS/EAD/AP watch for your bio appointment letter. If its not there within 30 days of the notice they have your application, get a service request in quick. They can't issue the EAD/AP until you have her biometrics completed. I know one couple on here had to put in two service requests until they got their bio appointment letter, which delayed the EAD/AP. If you don't know when things should happen by and take action to make sure they get back on track, things can get seriously delayed.