SSN and EAD

[GnG 0]

So we've finally gotten the visa, and my fiance will be arriving in the states tomorrow... But I'm a little confused about what happens next. If he gets an EAD stamped in his passport right away, that's great. But if not, I can't figure out how to proceed: according to the Social Security application, he needs something showing that he is authorized to work in the US (like an EAD) in order to receive a SS number. But it also looks like he definitely needs a SS number to get married. So does that mean that he needs to get an EAD before we can get married?!? I'm so confused about this! Is there anyone who knows about this?

[raymaga 25]

Once your fiance arrives in the U.S., you will have 90 days to get married. If your fiance enters through JFK (which I believe is the only POE that is giving the temporary EAD), he will only be work authorized until his I-94 expires (90 days).

After your marriage, you will need to submit your AOS application (Form I-485). If you want, you can also apply for EAD (Form I-765) and AP (Form I-131) along with the AOS application. You cannot apply for the EAD before the AOS, though.

I did not require a SSN in order to get married in Washington state. I applied for my SSN after I was married. Check with the licensing department where you live to see what documents are required to get a marriage licence.

You do not need a SSN in order to apply for the EAD. I had not even applied for my SSN when I sent in my AOS/EAD/AP applications. Just write "none" in the space asking for the SSN on the applications.

Good luck.

Edited January 16, 2007 by raymaga

[payxibka 10,044]

So we've finally gotten the visa, and my fiance will be arriving in the states tomorrow... But I'm a little confused about what happens next. If he gets an EAD stamped in his passport right away, that's great. But if not, I can't figure out how to proceed: according to the Social Security application, he needs something showing that he is authorized to work in the US (like an EAD) in order to receive a SS number. But it also looks like he definitely needs a SS number to get married. So does that mean that he needs to get an EAD before we can get married?!? I'm so confused about this! Is there anyone who knows about this?

About two weeks or so after arrival get yourself to the local SSA office and apply for a SSN. Since a K-1 is EA they should issue a SSN. Go to the SSA website and arm yourself with the information contained therein because some local offices get confused and need to be educated on there own regulations.

[raymaga 25]

So we've finally gotten the visa, and my fiance will be arriving in the states tomorrow... But I'm a little confused about what happens next. If he gets an EAD stamped in his passport right away, that's great. But if not, I can't figure out how to proceed: according to the Social Security application, he needs something showing that he is authorized to work in the US (like an EAD) in order to receive a SS number. But it also looks like he definitely needs a SS number to get married. So does that mean that he needs to get an EAD before we can get married?!? I'm so confused about this! Is there anyone who knows about this?

About two weeks or so after arrival get yourself to the local SSA office and apply for a SSN. Since a K-1 is EA they should issue a SSN. Go to the SSA website and arm yourself with the information contained therein because some local offices get confused and need to be educated on there own regulations.

K-1's are NOT work authorized, unless you get the temporary EAD stamp in your passport at the POE. K-1's must apply for EAD with Form I-765.

[Yodrak 7]

raymaga,

K1s are employment authorized, incident to status. Their I-94 indicating that they entered as a K1 is sufficient evidence of EA to obtain a SS card.

What most K1s do not have, unless they got the EA stamp on their I-94 at the POE, is a document that qualifies for I-9 purposes so that an employer can hire them. The I-94 alone, without the EA stamp, does not qualify as an EAD for I-9 purposes.

Yodrak

K-1's are NOT work authorized, unless you get the temporary EAD stamp in your passport at the POE. K-1's must apply for EAD with Form I-765.

Edited January 17, 2007 by Yodrak