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SSN and temporary job

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hello guys, would just like to ask. I entered US using a K1-visa and got married last 7-14-12. me and my husband are just about to file for i-485. my question is, is it possible to apply for a SSN and a temporary work even though we are just about to file for i-485 and AED?

Nope....it is not possible. No valid employer can legally hire you for work on your current status.

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D&G responded correctly. It is not legal. Additionally, dependent on the expiration of your I-94, you would not be able to get a SS card until you receive your EAD card. Even if you did acquire your SS card within the mandated timeframe upon entering the US, it is not valid for work and is stamped as such.

Once you guys file, you should get your EAD/AP (if you filed for AP) card combo about 6-8 weeks post biometric appointment (just an average).

Good luck


"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

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hello guys, would just like to ask. I entered US using a K1-visa and got married last 7-14-12. me and my husband are just about to file for i-485. my question is, is it possible to apply for a SSN and a temporary work even though we are just about to file for i-485 and AED?

As the above posters have said, no you need the SSN and employment authorization from the DHS. Take a look at the I-9 and see what are the requirements for getting a job are as you will need to complete one of these when hired by your employer. BTW, the GC is the I-551 referenced on the I-9. If you can meet the document requirements then you can get a job.

Good luck,

Dave

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hello guys, would just like to ask. I entered US using a K1-visa and got married last 7-14-12. me and my husband are just about to file for i-485. my question is, is it possible to apply for a SSN and a temporary work even though we are just about to file for i-485 and AED?

The above posters are correct. That having been said, if your case follows on a similar timeline to most other posters here, you'll have an EAD within a very few months. My wife had her EAD in hand on the 85th day of the process, and that was actually a bit slower than many other posters here. The process isn't as long and drawn out as it used to be for most.


2010-04-15: Married!

2010-05-07: Physical Done by Civil Surgeon

2012-05-10: I-130 & I-485 Sent to USCIS

2012-05-11 (Day 01): FedEx Delivery Notification Email Received

2012-05-25 (Day 14): Checks Cashed

2012-05-30 (Day 19): NOA Hard Copies Received

2012-06-04 (Day 25): Biometric Appointment Notice Received

2012-06-08 (Day 29): Biometric Appointment in Charleston, SC Completed Successfully

2012-06-18 (Day 39): RFE Notification Received via Text :(

2012-07-03 (Day 54): Requested Evidence Sent to National Benefits Center Via Registered Mail

2012-07-09 (Day 60): Update Text Received; Requested Evidence Received at National Benefits Center

2012-07-26 (Day 77): Update Text Received; I-131 & I-765 Approved! Card Production Ordered.

2012-08-01 (Day 83): Update Text Received; EAD Mailed

2012-08-03 (Day 85): EAD In Hand!

2012-09-19 (Day 132): Update Text Received; Interview Scheduled for October 22, 2012.

2012-10-22 (Day 165): Approved on the Spot!

2012-10-25 (Day 168): Update Text Received; Green Card Production Ordered

2012-10-29 (Day 172): Green Card In Hand!

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hello guys, would just like to ask. I entered US using a K1-visa and got married last 7-14-12. me and my husband are just about to file for i-485. my question is, is it possible to apply for a SSN and a temporary work even though we are just about to file for i-485 and AED?

The posts saying this is illegal are wrong. (it's possible that since you missed out the word permit people thought you were intending to work on a SSN alone...which is illegal.)

As a K1 you can apply for a SSN and temp work permit (using the I-751) before applying for your AOS. See eligibility section 6, on page 4. http://www.uscis.gov/files/form/i-765instr.pdf

However, since you got married last month, don't have your SSN yet and are about to apply for AOS. Why bother?

It takes time to get a SSN, you'd have to pay $380 for your I-751 if you file it alone without the AOS and it only lasts until your I-94 date anyway.

Filing the form is free with your AOS so if I were you, I'd just do that.

Best of luck!

Edited by Helen Louise

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The posts saying this is illegal are wrong. As a K1 you can apply for a SSN and temp work permit (using the I-751) before applying for your AOS. See eligibility section 6, on page 4. http://www.uscis.gov/files/form/i-765instr.pdf

However, since you got married last month, don't have your SSN yet and are about to apply for AOS. Why bother?

It takes time to get a SSN, you'd have to pay $380 for your I-751 if you file it alone without the AOS and it only lasts until your I-94 date anyway.

Filing the form is free with your AOS so if I were you, I'd just do that.

Best of luck!

The posts here are NOT wrong. The Op already applied for adjustment of status. Under the OP's current status is not yet able to apply for SSN...therefore is unable to work at this time. Just tell which reply is wrong.....we would like to know.

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The posts here are NOT wrong. The Op already applied for adjustment of status. Under the OP's current status is not yet able to apply for SSN...therefore is unable to work at this time. Just tell which reply is wrong.....we would like to know.

The OP stated that they have not yet applied for AOS. In the original post.

They should be able to get a SSN. Although I know it is more difficult once you get married, which is why I stated that they should just go ahead and apply for the AOS. The OP did not state when they entered the US which may have an impact on the SSN, but since they got married last month, they may have 2 months left on their I-94. That information was not provided.

The posts that were 'wrong' were those stating it was illegal to apply for a SSN and work permit before applying for AOS. This is legal...but does seem somewhat pointless.

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The OP stated that they have not yet applied for AOS. In the original post.

They should be able to get a SSN. Although I know it is more difficult once you get married, which is why I stated that they should just go ahead and apply for the AOS. The OP did not state when they entered the US which may have an impact on the SSN, but since they got married last month, they may have 2 months left on their I-94. That information was not provided.

The posts that were 'wrong' were those stating it was illegal to apply for a SSN and work permit before applying for AOS. This is legal...but does seem somewhat pointless.

Wow...I think you need glasses...Nobody here said it is illegal to apply for SSN and work permit before adjusting status. They said it is illegal to hire the OP under the current immigration status.

And if you read the original post, she is asking if she can apply for her SS card and work before she receives her EAD. And the answer is NO...she can't.

Edited by David&Goliath

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Wow...I think you need glasses...Nobody here said it is illegal to apply for SSN and work permit before adjusting status. They said it is illegal to hire the OP under the current immigration status.

Your posts have an argumentative tone that I do not care for.

My purpose was to inform the OP that they have a legal option. The information that I provided was not provided by yourself or the other posters and if you read back the posts imply that there is not a way to work in the OP's situation, when in fact there is. It just probably makes more sense to apply for AOS and skip the pre-AOS temporary work permit.

OP: Apologies for the turn your post has taken. I hope your AOS is processed quickly and you got the information you were looking for.

Best of luck.

Edited by Helen Louise

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Wow...I think you need glasses...Nobody here said it is illegal to apply for SSN and work permit before adjusting status. They said it is illegal to hire the OP under the current immigration status.

And if you read the original post, she is asking if she can apply for her SS card and work before she receives her EAD. And the answer is NO...she can't.

I read something different there.

Since the Op posted

'is it possible to apply for a SSN and a temporary work even though we are just about to file for i-485 and AED?'

It seems like the OP is looking for an option to work while this is being processed. There is an option for that, as I have outlined above. Perhaps the OP can clarify if the word permit or authorization is missing from the above post, because you can get an EAD before applying for your AOS...which was my point.

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Your posts have an argumentative tone that I do not care for.

My purpose was to inform the OP that they have a legal option. The information that I provided was not provided by yourself or the other posters and if you read back the posts imply that there is not a way to work in the OP's situation, when in fact there is. It just probably makes more sense to apply for AOS and skip the pre-AOS temporary work permit.

OP: Apologies for the turn your post has taken. I hope your AOS is processed quickly and you got the information you were looking for.

Best of luck.

You are correct and in your previous post you mention that the OP could apply and pay for EAD and it will be valid until the I-94 expires.

The main reason that I did not mention it, and most other VJers tend to agree, is that it is a waste of time and money given the processing times of the EAD. You pay the $380 and wait. When the EAD arrives you can work until it expires which is tied to your I-94. Let's say the USCIS moves right a long and gets it to you in 46 days (that is how long the AP/EAD took us to get last year). Let us also assume that you filed 2 days after entering the US. You now have 42 days of authorized work. Who is going to hire you?

Now let's say you wait until you get married and file for AP/EAD with the AOS. The $1070 AOS filing fee includes the AP/EAD. Current processing times is that you should receive the EAD at about the 90 days mark. Now you are authorized to work until the EAD expires which is typically in 1 year--hopefully you have the GC by then and can continue to work uninterrupted.

As you state in your post it DOES make more sense to skip the pre-AOS temporary work permit and go straight to just applying for AOS with AP/EAD and that is why I did not mention it. The basic answer to the OP's question is that they need the SSN AND work authorization in order to be able to complete the I-9 form. It does not matter how they obtain their work authorization (Pre-AOS or with AOS), but they need work authorization along with the SSN in order to legally work--that goes for USC as well as LPR as everyone must complete the I-9 form when hired.

Dave

Edited by Dave&Roza

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You are correct and in your previous post you mention that the OP could apply and pay for EAD and it will be valid until the I-94 expires.

The main reason that I did not mention it, and most other VJers tend to agree, is that it is a waste of time and money given the processing times of the EAD. You pay the $380 and wait. When the EAD arrives you can work until it expires which is tied to your I-94. Let's say the USCIS moves right a long and gets it to you in 46 days (that is how long the AP/EAD took us to get last year). Let us also assume that you filed 2 days after entering the US. You now have 42 days of authorized work. Who is going to hire you?

Now let's say you wait until you get married and file for AP/EAD with the AOS. The $1070 AOS filing fee includes the AP/EAD. Current processing times is that you should receive the EAD at about the 90 days mark. Now you are authorized to work until the EAD expires which is typically in 1 year--hopefully you have the GC by then and can continue to work uninterrupted.

As you state in your post it DOES make more sense to skip the pre-AOS temporary work permit and go straight to just applying for AOS with AP/EAD and that is why I did not mention it. The basic answer to the OP's question is that they need the SSN AND work authorization in order to be able to complete the I-9 form. It does not matter how they obtain their work authorization (Pre-AOS or with AOS), but they need work authorization along with the SSN in order to legally work--that goes for USC as well as LPR as everyone must complete the I-9 form when hired.

Dave

Yes, it definitely seems crazy. But it's still an option for us!

I just think our job here as a community is to give others all the information we have. And then they can make their own, informed decisions.

I know that when I was reading up on this issue it was so confusing, and that's why VJ is so great.

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I have to digress and say that Helen Louise picked up on a small semantical error. She was correct with her interpretation.

It would have been better to say that it is illegal to work without EAD AND SS card. Both have to be procurred prior to working legally.

Since the OP stated they are about to file AOS/EAD, it indeed makes sense to continue that course and file all documents together (AOS/EAD/AP).

At this point in time, the wait for the EAD/AP card is a little under 90 days after filing concurrently. I hope the OP now sees the difference and now can make an informed decision as which way they will file in order to work.


"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

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