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Posted (edited)

Hi
I applied for SSN and received it 2 weeks after my arrival on a K1 visa, and before getting married. I only used it to open a bank account, on the doctor's office forms and lately to file taxes with my husband (although I've never been employed since I got here)
We applied for AOS earlier this year and didn't realize I could apply for an EAD using I-765. We got an RFE and while responding to it, my lawyer included I-765 and I-131 with the RFE response.
The problem is she said it's very unusual to get an SSN without EAD but as long as it was done legally I should be fine, but I should be prepared to offer an explanation when asked. I'm still confused and worried. My SSN says "Valid for work only with DHS authorization". I didn't have an EAD but I also never used it for work since I know I can't legally work.
My biggest worry is will this cause a misunderstanding at the AOS interview and put me in trouble? Did the Social Security office make a mistake? Are people on K1 allowed to work during the 90 days?

Edited by nox5589
Posted
5 minutes ago, nox5589 said:

Did the Social Security office make a mistake?

No.

6 minutes ago, nox5589 said:

I'm still confused and worried. My SSN says "Valid for work only with DHS authorization".

It's all fine since you were eligible to be assigned a SSN: https://secure.ssa.gov/poms.nsf/lnx/0110211530 See the "K-1" row

7 minutes ago, nox5589 said:

Are people on K1 allowed to work during the 90 days?

There technically is the (a)(6) EAD category but no one applies for it because a fee is required for that category and the expiration for that category must match the K-1 I-94 expiration (so with the long processing times it would be paying USCIS and still not getting the (a)(6) EAD).

Posted
8 minutes ago, HRQX said:

No.

It's all fine since you were eligible to be assigned a SSN: https://secure.ssa.gov/poms.nsf/lnx/0110211530 See the "K-1" row

There technically is the (a)(6) EAD category but no one applies for it because a fee is required for that category and the expiration for that category must match the K-1 I-94 expiration (so with the long processing times it would be paying USCIS and still not getting the (a)(6) EAD).

Thank you so much for the detailed info

8 minutes ago, powerpuff said:

~Moved from AOS K1/K3 Forum to SSN Forum - SSN’s are discussed here~

Your lawyer is misinformed. It’s actually strongly recommended for K1 holders to apply for an SSN as soon as they arrive in the US and before they marry or file for AOS. K1 visa holders are eligible to get an SSN, so no, the social security office didn’t make a mistake. You will not need to explain yourself to anybody regarding this and you’re certainly not in trouble. 

Thank you, I'm already stressed with the RFE and your answer helped a lot

Filed: Citizen (apr) Country: Germany
Timeline
Posted (edited)

The text on the card is completely normal for your situation. You can get it removed after you received your greencard.

 

I would honestly watch that lawyers work a little bit closer if she's saying things like that.

Edited by Letspaintcookies
Filed: AOS (apr) Country: Canada
Timeline
Posted

You did good! No issues getting it before as long as you wait for your EAD to work. 
 

The SSN office messed up my application and I ended up not being able to get mine. Lol I called and called almost everyday about it and no one got back to me or said we’re waiting on DHS IT Didn’t know anything about the mistake made until after my I-94 expired. 
 

it’s been annoying not having my SSN 😒 waiting for my EAD now 😒

Filed: Citizen (apr) Country: Morocco
Timeline
Posted

So, there is a 60-day period out of the 90-day fiance visa period that is the time to file for a Social Security Card as a K-1 Visa Holder: After 14 days of entry, which would give plenty of time to get married. Within 75 days of entry.May 29, 2020

 

 

Posted
17 hours ago, Diane and Chris said:

Why do you have a lawyer at this point?  Seems like you two could file the paperwork yourselves and save headaches and money. 

 

It's our second RFE and we wanted to be careful.

Thank you everyone for your time and input, we're feeling much more confident now.

 
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