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My wife (K-1, married, pre-AOS) is applying for a SSN for school and other purposes. I read some discussions about this and it seems there are a couple of choices as to how to proceed this. Some people have gotten SSN before or without EAD, and other people get EAD first then apply for SSN. I would like to know pros and cons of each approach. Appreciate your inputs.

 

Calaf & Turandot

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We applied for Jingwen's SSN after she got her EAD. She was K-1, but we decided to wait on the SSN for two reasons. First, she wasn't planning on working any time soon and second, I didn't want an SSN that said "not valid for employment". If you apply for an SSN before you receive the EAD, you'll have to apply for a replacement card if you want to work, so I figured having to deal with SSA once was more than enough. Here's the link on having to apply for a replacement card: http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf...ldyBjYXJk&p_li=

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If you apply for an SSN before you receive the EAD, you'll have to apply for a replacement card if you want to work

Not true. The SSN card is an SSN card. If going to work, an employer needs to make sure you are either a citizen or have authorization to work. The green card or EAD is the proof of right to work - not the SSN card.

Just going by what the website said:

 

My SSN card does not permit me to work, but I now have permission. What do I do?

 

Question

When I first applied for a Social Security card, I was issued a card that says, "Not Valid for Employment" and I now have permission to work from the Department of Homeland Security (DHS). Will I be issued a different number, or will I have to apply to adjust my current number?

 

Answer

If you are now a U.S. citizen or if the Department of Homeland Security (DHS) has granted you a change in status which changes your work status in the U.S., you need to apply for a replacement card. Your replacement card will have the same number as your current card.

 

To apply for a replacement card, you need to complete Form SS-5 which is available for download at http://www.socialsecurity.gov/online/ss-5.html. Or you may obtain Form SS-5 by calling 1-800-772-1213 or visiting your local Social Security office.

 

You will need to submit Form SS-5 with evidence of your identity and proof of your U.S. citizenship or current authorization to work from the DHS. Your immigration document may be acceptable as evidence of both your identity and authorization to work in the United States. All documents must be either originals or copies certified by the issuing agency.

 

We cannot accept photocopies of documents. We need original documents or copies certified by the custodian of the record. Notarized copies are also not acceptable.

 

If you’re a noncitizen, we must verify your documents with the Department of Homeland Security (DHS) before we issue a replacement SSN card. We will issue the card within two days of receiving verification from DHS. Most of the time, we can quickly verify your documents online with DHS. If DHS can’t verify your documents online, it may take several weeks or months to respond to Social Security's request.

 

For more details, please see the answer to the Frequently Asked Question, How is SSA protecting Social Security numbers?

 

We suggest that you take your application and immigration documents to your nearest Social Security office rather than mail them. You can find that office at: http://www.socialsecurity.gov/locator/.

 

You're right in that the SS card is not needed to work, but what concerns me is whether there will be appropriate credit to your SS history if the SSA's records show you as having a card that is not valid for employment.

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Hello all,

 

Because I do a fair amount of hiring from time to time, I am very familiar with the I-9 requirements regarding this subject. In order for your K-1 applicant to work, she needs an EAD card, or a SSN card without the "Not Valid For Employment" stamp. But in order to get the normal SSN card, you must have the EAD card first (at least that's what we were told in Calif). If you apply for the SSN card first, you will get the "Not Valid For Employment" stamp SSN card, which does not allow you to work. And since the EAD card is only good for a year, you must reapply for the normal SSN card and be able to submit it to your employer BEFORE the expiration date of your EAD card, or you have to apply for an extension to your EAD card which I believe is somewhat costly. So it's entirely up to you as to how you want to proceed. There are pros and cons to both methods. In some instances you can use the "Not Valid For Employment" SSN card for identification, such as opening a checking account, tax purposes, etc. However, for tax purposes you can also request a Taxpayer Identification Number which you will need if your wife (or K-2 minor under 15-1/2) does not have a SSN. But the EAD card is also great for ID as it has a photo on it as well, and it does allow her to work (the I-9 requirement is the EAD card and a current passport) as soon as she receives it, even though you must apply for the normal SSN card as soon possible afterwards in order to receive it before the EAD expires.

 

Good luck!

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Bing's SS card has the not valid to work without authorization stamp on it. I guess since she now has her green card we should go back down and get a replacement card without that on there. Thanks for the info Frank.

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Thanks for all your info; especially coming from your experiences, they are all useful for how we decide to handle this process. I feel getting "EAD then SSN" seems to be the more standard way, but I can also see a situation where one needs a (non-employment) SSN for a tax return or other ID purposes in a hurry (SSN->EAD->replacement). Thanx a bunch.

 

Calaf & Turandot

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