SS# and work: K-1 question...

[ameriken]

Ok, Jie received her SS# card today. As I remember, from the www.SSA.gov website, they said

"The K-1 symbol on your immigration document indicates that you are the fiancee of a U.S. citizen and you are eligible to work. We, therefore, can assign you a number and card so that you can work."

I assumed that once she got the # and the card, she can work. However, on her SS card they typed the following:

"VALID FOR WORK ONLY WITH DHS AUTHORIZATION"

Did I miss something, or did they miss something? Is there another step now? Shouldnt she already be eligible according to the SS website?

[FuManChu]

My understanding is that you need SS# AND EAD for a K1. The basis would be (a)(6).

---

JEff posted this on AAC a short time back and gave me permission to copy it here. It is one of the best overviews I've seen.

 

 

With regard to applying for EA

- A K1 is EA while they are in K1 status. But, unless they entered at JFK

(or possibly a few other POEs) they will not have an EAD to document

it. If they want to have an EAD they need to apply for it, and they do so

on the basis of (a)(6).

- A K2 is not EA. If a K2 wants to be EA (or just have an EAD) they also

need to apply. While they are in K2 status they apply on the basis of (a)

(6).

- K3 and K4 are not EA. If they want to be EA (or just have an EAD)

they need to apply. If they have not applied for adjustment of status,

they applu on the basis of (a)(9).

- Any Kx who has applied for adjustment of status and who wants to be

EA (or just have an EAD) needs to apply, and they do so on the basis of

©(9).

 

With regard to applying for a SS card,

- A K1 who is still in K1 status, and has more than 14 days in status

remaining, may apply for and be issued a SS card. The SSA does not

need to see an EAD as evidence of status, they will accept the I-94 as

evidence with confirmation either from the SAVE data base or paper

inquiry to the USCIS.

- K2, K3, and K4, since they are not EA incident to status, must obtain EA

(and with it an EAD) in order to apply for and be issued a SS card.

Confirmation required via either the SAVE data base or paper inquiry to

the USCIS.

 

With regard to employment,

- All Kx (and many other classes of aliens) are required to show an

employer an EAD. Unlike the SSA, for K1s an emplyer cannot accept an

I-94 indicating a person's K1 status as evidence of EA.

 

I think that's an accurate high-level summary of the various aspects of

employment authorization for K visa entrants.

 

For reference, an employer must fill out an I-9 on each person they hire. Here are the links to the I-9 and the employer's handbook.

[Randy W]

The K-1 DOES provide work authorization from the DHS, but only for 90 days. Many employers will not hire with a time expiration.

[david_dawei]

ken... You completely swallowed the Visa FAQs up and have deservedly rested a while from that...

 

The dessert being served now to you is the AOS FAQ...

 

see these two questions:

Q. We have a SSN card with a stamp 'Not authorized to work', but the work status has changed with AOS ?

Q. Can someone explain the SSN cards that are possible to get ?

 

Edited March 25, 2006 by DavidZixuan (see edit history)

[ameriken]

Ok, let me get this straight. For a K1 visa, this should be done within 90 days of entry:

 

Based on the FAQ, if the EAD is not given at POE, go to SSA for the SSN. When the DHS (formerly INS) prints "you need EAD" on your SSN, then file an AEA to get an EAD from the CIS, for me, the NSC. If I send the AEA before AOS, then, OMG....the EAD is only temporary and cannot be renewed.

 

Therefore, it is better to send the AEA with the AOS to the CIS, meaning the 765 with the 485 and the 864 (another AOS) to the CIS (the NSC), so she can not only get the AOS but an EAD which will last until she is a USC.

Edited March 25, 2006 by ameriken (see edit history)

[Randy W]

PDQ - AOK. But I think the EAD some hjave reported stamped on the I-94 at JFK is also only good for 90 days. Is this correct?

 

And get the SSN first (K-1) regardless.

The AOS and EAD do not need to wait for the SSN.

[frank1538]

Ok, let me get this straight. For a K1 visa, this should be done within 90 days of entry:

 

Based on the FAQ, if the EAD is not given at POE, go to SSA for the SSN. When the DHS (formerly INS) prints "you need EAD" on your SSN, then file an AEA to get an EAD from the CIS, for me, the NSC.  If I send the AEA before AOS, then, OMG....the EAD is only temporary and cannot be renewed.

 

Therefore, it is better to send the AEA with the AOS to the CIS,  meaning the 765 with the 485 and the 864 (another AOS) to the CIS (the NSC), so she can not only get the AOS but an EAD which will last until she is a USC.     

201878[/snapback]

Give the man a cigar and, quick, bring the straight jacket.

 

Just remember this. Between the expiry date on the I-94 date and her approval for the green card, she'll need an EAD to work.

[david_dawei]

ken...  You completely swallowed the Visa FAQs up and have deservedly rested a while from that...

 

The dessert being served now to you is the AOS FAQ...

 

see these two questions:

Q. We have a SSN card with a stamp 'Not authorized to work', but the work status has changed with AOS ?

Q. Can someone explain the SSN cards that are possible to get ?

 

201859[/snapback]

Take the green card back to SS and they will issue a new one without the 'authorized to work....' stuff.

201866[/snapback]

Don.. your no fun !

 

I was going to make him search around for this

 

Only thing that Ken missed to do within 90 days is to get married !

 

maybe he's a little busy these days...

[Jonathan]

Ok, let me get this straight. For a K1 visa, this should be done within 90 days of entry:

 

Based on the FAQ, if the EAD is not given at POE, go to SSA for the SSN. When the DHS (formerly INS) prints "you need EAD" on your SSN, then file an AEA to get an EAD from the CIS, for me, the NSC.  If I send the AEA before AOS, then, OMG....the EAD is only temporary and cannot be renewed.

 

Therefore, it is better to send the AEA with the AOS to the CIS,  meaning the 765 with the 485 and the 864 (another AOS) to the CIS (the NSC), so she can not only get the AOS but an EAD which will last until she is a USC.     

201878[/snapback]

Oh man! This is the first time I read this, and I feel like I'm looking at a foreign language with all these unknown abbreviations.

 

Jonathan is now confused...

 

Not quite at AOS part yet, but will have to go through this soon too.

[Dogderf]

So the upshot is what??? My wife received her SS card as soon as we went to the SS office (prior to our marriage). So can she work or not? We applied for the EAD with the Adjustment of Status package. Plus, do I need to apply for a new card for her now that we're married and she has taken my last name?

 

 

Fred

[NY-Viking]

So the upshot is what???  My wife received her SS card as soon as we went to the SS office (prior to our marriage).  So can she work or not?  We applied for the EAD with the Adjustment of Status package.  Plus, do I need to apply for a new card for her now that we're married and she has taken my last name?

 

 

Fred

203380[/snapback]

Your wife can work as soon as she gets the EAD card in the mail. You'll have to do biometrics and fingerprints before that, and you'll get an appointment notice telling you what to do. If you don't get the card within 3 months of receiving the receipt notice of your EAD application, you can go down to the local office and get temporary EAD allowing her to work.

 

She should apply for a new SS card with her new name to avoid any problems at work, taxes, etc. It's easy and free:

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf...php?p_faqid=251

 

Once she gets her green card, she'll want to apply again to get the work restriction taken off the card.

 

EDIT: On looking a bit further through the SS website, I think she may have difficulties changing her name on a new SS card UNLESS her I-94 has not expired yet. If her I-94 has expired, she'll have to wait until she gets the EAD or the green card to apply for the change. (I think ...)

Edited March 31, 2006 by NY-Viking (see edit history)

[frank1538]

So the upshot is what???  My wife received her SS card as soon as we went to the SS office (prior to our marriage).  So can she work or not?  We applied for the EAD with the Adjustment of Status package.  Plus, do I need to apply for a new card for her now that we're married and she has taken my last name?

 

 

Fred

203380[/snapback]

It is clear that a K-1 visa holder, still in status, does not need an EAD to obtain a Social Security card if applied for within a certain timeframe. There is some uncertainty regarding whether a K-1 visa holder actually needs and EAD to work.

 

Ken's fiancee's SS card has a "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" stamp on it, and I don't think this is in error.

 

As much as I would like to think that Randy's post that the K-1 visa, itself, is sufficient documentation, I'm not so sure.

 

When you look at the I-9 Handbook For Employers ( http://uscis.gov/graphics/lawsregs/handboo...20handbook' ), it seems fairly clear that USCIS does not consider the K-1 visa or notation of K-1 on the I-94 as proper documentation unless the I-94 has an "employmennt authorized" stamp on it which I think NY POE still provides. Also, when you look at the listing of visa categories that don't require anything else other than the classification, they all relate to employer specific classifications which a K-1 is not.

 

Granted, the I-9 handbook hasn't been updated in quite a while, but it does post date the K-1 visa category, so one would have to assume that the K-1 status was considered.

 

Further, this information bulletin suggests that a K-1 visa holder needs an EAD in order to verify employment eligibility to an employer: http://www.ilw.com/immigdaily/news/2004,0615-eib108.pdf

 

So, I think FuManChu and NY-Viking are right when they say that a K-1 visa holder needs an EAD in order to be able to document employment eligibility to an employer.

 

On the question of what to do with a Social Security card when there is a name change, take a look at: http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf...li=&p_topview=1