Social security form SS-5, question #5

[jasper383 23]

My fiancé is arriving in the US on 9/22 on a K1 visa. We are considering applying for social security card the next day, i.e. immediately.

According to this link from I-94 process is automated and I-94 is available immediately.

https://help.cbp.gov/app/answers/detail/a_id/1687/kw/I-94%20Automation

My question is on Social security application form #SS-5, question #5. Is it ok to check “Legal alien allowed to work” even though we won’t have filed for AOS and/or EAD yet?

Thanks.

[matteo&John 25]

I wouldn't apply the next day after she arrives.

Please read: http://www.visajourney.com/content/ssn

You have to wait at least 2 weeks for the I-94 to be in the SAVE database.

[Harpa Timsah 13,258]

For SSA purposes a K-1 should check "allowed to work" even though they can't work. The short answer is that the SSA is dumb, but the long answer has to do with the fact that you could apply for an EAD based on the K-1 status (that would expire with the I-94 and also take about 90 days to be approved, rendering it useless).

[ddtenor2 80]

I wouldn't apply the next day after she arrives.

Please read: http://www.visajourney.com/content/ssn

You have to wait at least 2 weeks for the I-94 to be in the SAVE database.

My fiance applied for his SSN 5 days after entering the U.S. and received his SS card a week later. I agree with Harpa. He checked "allowed to work" and had no issues with the application.

Good luck!

[amigator 2]

We applied day 2 after her arrival and received card in mail within about a week. Did not even bring the I-94 to the social security office the worker in the SSA office pulled it offline for us, but I would have brought it if I remembered. And I am sorry I can't remember what we checked on the card for question #5. We knew she can't work till after the filing for the papers with the AOS. Well like previously stated I guess she have filed to work but by the the time we really had approval the K-1 visa would have run out so we are just waiting to file after the marriage.

[yuna628 9,680]

It is no longer needed to wait 2 weeks, since the process went automated... BUT.. and this is the important thing... it is very important to check the database and see if your entry has been recorded before going to the SSA. If you can't find it in there.. then I doubt they will. You do indeed check 'allowed to work'. The immigrant is allowed to work upon obtaining their EAD or Green Card. The SSA card will have ''work valid with authorization'', and this restriction basically means unless you have authorization in the form of that EAD or GC, you can't work. So apply for AOS with EAD/AP soon after marriage. We did follow the SSA guide here, and we did bring in the SSA instruction printout regarding K1s, and the I-94 printout, just incase the individual had any confusion of how to 'find' us.

[jasper383 23]

I wouldn't apply the next day after she arrives.

Please read: http://www.visajourney.com/content/ssn

You have to wait at least 2 weeks for the I-94 to be in the SAVE database.

Good thing I didn take your advice. We were able to access I94 online, print copy and bring to SS office and apply on the same day that she arrived. Edited September 24, 2016 by jasper383