EAD and SSN for work?

[Kleinml13 0]

Good evening! I apologize if this has been addressed but I couldn't seem to find the exact answer to my question.

My fiance will be coming here on a K1 visa- we are hoping to have our interview in January and then have him come soon after.

From reading the guides it seems most people advise getting a SSN prior to filing the AOS. It seems like this can take some time and might delay sending the AOS forms?

If we wait until we already have the EAD to apply for a SSN, does this affect my fiance's ability to work? Does he need a SSN for tax purposes to fill out a W-9? Or can we get him a temporary tax ID number until we get the SSN? Will he get hired and be able to work, get paid, and pay taxes without a SSN?

I am a little confused on all the timing of this and we want him to be able to start working as soon as possible after arriving here.

Any advice is greatly appreciated.

Thank you!!

[Ash.1101 1,756]

Applying for SSN shouldn't impact AOS in any way unless you apply for SSN on day 2 of entering the country, get married on day 3, and want to have a completed AOS package on day 4.


SSN shouldn't take longer than the couple of weeks that it takes to come in the mail. Some people do get hit with the system not finding them in the system, but it's normally fixed. That and you don't need a SSN to do AOS, so even if it took longer than normal, it shouldn't affect anything.

We applied the second week my husband (then fiance) was here, after month we didn't recieve the card, went back to the SSA office and were told it was approved the day after we applied, but that it probably got lost in the mail. We received a replacement a week later, but ideally if it hadn't been lost in the mail, it would have been in his hand on week 4 of being in the US.


When your fiance has his EAD he will need a SSN to work, so it is easier to do it pre-AOS so once the EAD is there he can get started working.


Ideally, the plan is:

Come into the US <Before Visa expires>
Apply for SSN <Within the first couple of weeks>
Get married <Within the 90 day time>
Apply for AOS, EAD, AP <As soon as possible>
Get approved for EAD/AP <Average 90 day wait time>
Start working <As soon as a job is found>
Have an AOS interview/Have no AOS interview and get GC <Average wait time 6months - 1 year for interview, usually 6 months or less if interview is waived>


The time frame on this is up to you, because the only things that have an "average wait time" are the AOS, EAD, AP. You just need to make sure to get the SSN done EARLY, you won't be able to get one within the last two weeks of the validity of the I-94, so just make sure to do the SSN within the first couple of weeks, get married within the 90 days, and put in your AOS/EAD/AP to get the EAD clock ticking and you're good to go.

If you apply for EAD along with AOS, expect it to take around 90 days until approval. Most don't bother with applying for EAD during their 90 days on K-1 because by the time it's received, it's usually expired or expiring within a couple of days.

Edited November 27, 2016 by Ash.1101

[Kleinml13 0]

Thank you so much for this detailed reply.

Just one follow up question- you mentioned the EAD expiring soon after being received? I thought it was good for one year or until your GC showed up?

Thank you again!

[Ash.1101 1,756]

Thank you so much for this detailed reply.

Just one follow up question- you mentioned the EAD expiring soon after being received? I thought it was good for one year or until your GC showed up?

Thank you again!

There's two ways you can do the EAD.

apply for it when you have your K-1, PRE-AOS

or apply for it with AOS.

Doing it before AOS only will have it valid for the 90 days

Doing it WITH AOS has it valid until GC shows up or a year, which ever comes first!

Sorry for the confusion, I wasn't sure if you were going to try for the K-1 EAD (Some do, most find out it's a waste of effort) or the AOS EAD!

[Kleinml13 0]

Oh that makes sense!

Again, thank you so much.

I swear some new question pops up every day, there are so many tiny details to consider.

[Adil & Jeanne 296]

SSNs are also used to file federal income tax returns. If you need to file a federal income tax return, but have not yet obtained a SSN, you can apply for an Individual Taxpayer Identification Number (ITIN). For more information on ITINs,

this allows spouse to add you to IRS returns in the spring / spouse will fill out a W 7 / it can only be applied for at this time

information is on this site

https://tingenwilliams.com/2015/can-i-get-a-social-security-number-with-a-fiance-visa/2403

and at IRS site