Confused and getting more and more angry!

[TracyTN 237]

Jlvr: a social security number does NOT give a K1er permission to work. EAD does. However, a K1er can apply for and get a SSN before getting EAD. EAD is applied for at the same time as AOS but they are separate processes all together.

Work authorization only expires when the EAD expires - which is generally why people make sure their current EAD will not expire in the event they need to renew it.

Read the guide again.

[jlvr 1]

Okay. Sorry for confusing SSN with EAD. Thanks for the responses. I'm not even at interview yet, but I like thinking ahead.

[rebeccajo 14]

You aren't showing up yet on entry records. You only entered on Thursday.

That shouldn't make a difference on filling out an application. We applied 2 days after my husband entered the US, because someone told us it's important to file for the SSN before the marriage. They accepted our application without any problem, all we brought is the passport with the I-94. But we had to wait about 5 weeks for the card to arrive, because they didn't process it until he was in the system.

Michaela

Depends, I guess, on whether or not your SS office will hold onto the application until they can process it.

[no name 1]

That shouldn't make a difference on filling out an application. We applied 2 days after my husband entered the US, because someone told us it's important to file for the SSN before the marriage. They accepted our application without any problem, all we brought is the passport with the I-94. But we had to wait about 5 weeks for the card to arrive, because they didn't process it until he was in the system.

Depends, I guess, on whether or not your SS office will hold onto the application until they can process it.

Yep. I definitely say wait the 2 weeks to apply so you know it is entered there & then. no chance of losing it. Plus I think my hubby's came 2 weeks after we applied - 4 weeks total.

[John W 1]

As a K-1 Visa holder, you are entitled to a SSN card (without work authorization, of course).

You need to wait at least 2 weeks after entering the U.S. before going to the SSA office, because it takes that long for you to show up in their system.

I was wondering why you would say, " without work authorization, of course" If she was stamped at the point of entry with her work authorization why wouldn't she be able to work?

The main problem I have heard is that although you can legally work on a K1 visa no one will hire you without a SS number. SO, again, wouldn't she be able to have work privileges if she has her authorization stamp when applying for a SS number?

John

[shellauy 0]

i had the same experience, we went to ssa office, i brought all the important docu , i went there 3 weeks after i arrived in USA last november, but the lady just insist that i need an employment auth for them to give me an ssn, so i just waited till my real ead arrived , and when my ead arrived we went to ssa office and they told me to wait 30-60 days before i can have a card coz they still need to verify my identification. i have been in the US for 5 months now, no ssn , no state id, nothing, no job, but so far i traveled half part of USA w/o those, but i kept bringing my passport though, gosh! , but it made me and my hubby hang around and enjoy our time together. good luck!

[*JG* 2]

Wow. I don't know what I would do without this site.

Question, one is eligible to get a SS card and work, it then expires until one files for EAD during AOS? I read that whole thread about visa being the first half and what you're not told and all that. Am I understanding it correctly that work authorization expires when you get married until EAD is approved? And if AOS comes before EAD, that provides work authorization, too, right?

K-1 visas only allow work if they have EAD either the temporary stamp from the POE or EAD card. Having SSN is not authorization to work. Ues if you get AOS approved before getting EAD, the Green-Card is work authorization.

SSN never expires, it is a person's for life, so only need to apply 1 time, if immigration status or name changes, you need to visit SSA and get the change noted in their system. Immigration status changes when AOS is approved, and later when a person naturalizes and becomes a citizen.

You were told exactly the same thing we were told. Jomo came here in June of 2006 and everyone on here said, oh,you can go get a SSN. We tried everything. We spoke to supervisors. We quoted web sites. Nothing. We were told to come back when he had his green card or EAD. We applied in August (when we had the money). Got green card in November. And, SSN then 2 weeks later.

As a recent SSN filer after a K-1, I am telling you we were not able to get him a SSN until he had either the green card or EAD. No matter what.

[no name 1]

You were told exactly the same thing we were told. Jomo came here in June of 2006 and everyone on here said, oh,you can go get a SSN. We tried everything. We spoke to supervisors. We quoted web sites. Nothing. We were told to come back when he had his green card or EAD. We applied in August (when we had the money). Got green card in November. And, SSN then 2 weeks later.

As a recent SSN filer after a K-1, I am telling you we were not able to get him a SSN until he had either the green card or EAD. No matter what.

I'm sorry you couldn't get it. I personally would have involved a lawyer or called my senators if I couldn't. But it's been talked about over & over here, and the people who said you couldn't are wrong.

[divs76 0]

i landed in the USA on K1 Dec'05 first week.

Applied for SSN mid Feb (my I 94 expiry was on the 9th March'06).

Got the same in a weeks time..

there is some misunderstanding ..

check up with the authorities again...

[cellarlily 0]

I swear, the Social Security office is ridiculous. We had a similar problem, only they tried to tell my husband that because we got married prior to him applying for a SSN, his K1 visa was null and void and he'd have to wait until he had his green card to apply. This, of course, is completely wrong. Unless his K1 was expired (it doesn't expire until mid-May), he is absolutely eligible for a card.

Wait until you've been in the country for two weeks and then go again. There's no real rush to get a SSN since you can't do anything with it until you have EAD. Take the document that someone else posted and show them that on their own website that you are entitled to a SSN based on your unexpired K1 status. If they still give you grief, speak to a supervisor and/or go to another office if possible.

[YuAndDan 153]

As a K-1 Visa holder, you are entitled to a SSN card (without work authorization, of course).

You need to wait at least 2 weeks after entering the U.S. before going to the SSA office, because it takes that long for you to show up in their system.

I was wondering why you would say, " without work authorization, of course" If she was stamped at the point of entry with her work authorization why wouldn't she be able to work?

The main problem I have heard is that although you can legally work on a K1 visa no one will hire you without a SS number. SO, again, wouldn't she be able to have work privileges if she has her authorization stamp when applying for a SS number?

John

The work authorization stamp is only valid for the 90 days of the I-94 card, after that they need EAD or Green-Card to work.

[meauxna 15]

I swear, the Social Security office is ridiculous. We had a similar problem, only they tried to tell my husband that because we got married prior to him applying for a SSN, his K1 visa was null and void and he'd have to wait until he had his green card to apply. This, of course, is completely wrong. Unless his K1 was expired (it doesn't expire until mid-May), he is absolutely eligible for a card.

As a K-1, he's eligible for a SS card in the first 76 days in the US. SSA will not issue a card to someone with 14 or fewer days left on their legal stay in the US.

Why did the fact of marriage come up at all? The question is not part of SS-5 application, and has no bearing on the application. It's frequently posted (is it in the Guide?) to not mention marriage at SSA for the very reason you experienced.

Wait until you've been in the country for two weeks and then go again. There's no real rush to get a SSN since you can't do anything with it until you have EAD. Take the document that someone else posted and show them that on their own website that you are entitled to a SSN based on your unexpired K1 status. If they still give you grief, speak to a supervisor and/or go to another office if possible.

The two week SUGGESTED wait is to give enough time for your entry details to be entered into the SAVE database. People certainly have had success goin in earlier than that & there is no bar against doing so. In fact, if you are told that you are not yet in SAVE and they will have to manually verify your status, you may simply choose to NOT enter your application. Going back in in a week could be faster than waiting for manual verification.

There are plenty of very important reasons to get a SS# beyond working. A SS# helps you get banking, insurance, driving license and a host of other non-immigration benefits lined up.

Going to another office is often the fastest and easiest way around an SSA worker who knows it all...

I personally would have involved a lawyer or called my senators if I couldn't.

It's really more effective to 'fight it' with SSA. You can contact the national 1-800 SSA number if you are having difficulty with a spcific office; they will contact your office and sort them out.

I was wondering why you would say, " without work authorization, of course" If she was stamped at the point of entry with her work authorization why wouldn't she be able to work?

The main problem I have heard is that although you can legally work on a K1 visa no one will hire you without a SS number. SO, again, wouldn't she be able to have work privileges if she has her authorization stamp when applying for a SS number?

John

I think she meant that the card is marked 'valid for employment only with DHS authorization'. That is a clue to the employer that they must see an EAD (ie, the stamp on the I-94 from the POE) before they hire you. After you become a Permanent Resident (complete AOS aka Green Card) you may go update your status with SSA (give time again for the SAVE database to update) and you will get a card without the legend--this is a valuable hiring document.

After naturalization to US citizenship, you go back and update a final time.

You can legally work on a K-1 (and be hired legally if you have the EAD stamp) even if you do not yet have your SS#/card--as long as you have applied for it.

Am I understanding it correctly that work authorization expires when you get married until EAD is approved? And if AOS comes before EAD, that provides work authorization, too, right?

No, your K-1 status does not expire when you marry--you get it for 90 days, period.

EAD is an intirim benefit, to allow you to work while waitinig for your AOS to be approved.

AOS approval = Permanent Resident status. Pleeeease read the links in my signature to understand what PR status is and what your rights and responsibilities are when you are 'done' including your work authorization status.

[cellarlily 0]

As a K-1, he's eligible for a SS card in the first 76 days in the US. SSA will not issue a card to someone with 14 or fewer days left on their legal stay in the US.

Why did the fact of marriage come up at all? The question is not part of SS-5 application, and has no bearing on the application. It's frequently posted (is it in the Guide?) to not mention marriage at SSA for the very reason you experienced.

You're right...SSN is useful for some things. I forgot about the bank account and drivers license.

I know the rules about K1 and eligibility...they didn't. My husband entered mid-February, applied for SSN in the office right after we got married (early March) and they flat-out denied him.

He put nothing about the fact that he was married on the application and did not mention that he was married, but they asked him "Where is your marriage certificate?" and he said that he had left it at home as he didn't think it was necessary to bring it. The woman then gave him extremely false information stating that because he was married, his K1 was void (which is wrong wrong wrong). He tried to explain to her several times that isn't true, but she denied him on the spot.

He was very upset and I had to track down information from SS's own site so he could take it with him. Someone here suggested he go to another SS office and he had no problem there. They didn't ask about marriage or anything like that.

So, the point to my rambling for the OP is the SS office is often very misinformed and it's very frustrating, but there is information out there on their own website that you can take with you to help plead your case.