SS Card and Work Authorization

[yanjeff]

We applied for her SS Card today. No problems with her.
But her son (11 years old) needs work authorization before we can apply for his SS Card. He is K2.
The lady at the SS Office said that Yan can work after she gets SS # in about 2 weeks, because she is K1 attached to me.

Is this true?
I was understanding that she would need to wait 3 months for Work Authorization.
we are not complaining! She is very bored sitting at home.

[Guest Mike and Lily]

I am sorry to say that information is not correct. Her SS card will come with the statement that it's not valid for employment. She will need to wait until after you file AOS and form I-765. Once that is approved, she will be able to work.

[Don]

We applied for her SS Card today. No problems with her.

But her son (11 years old) needs work authorization before we can apply for his SS Card. He is K2.

The lady at the SS Office said that Yan can work after she gets SS # in about 2 weeks, because she is K1 attached to me.

 

Is this true?

I was understanding that she would need to wait 3 months for Work Authorization.

we are not complaining! She is very bored sitting at home.

 

My understanding is that for K1 they can work as long as their I-94 is valid. They need the EAD for long term work. The I-94 is only valid for ~3 months after entry. Than they need the EAD to be legal.

[Sebastian]

A K-1 beneficiary , not married yet, can apply for SSN and WORK legally (as a W-2 employee) prior to her being married (to you).

 

If you haven't gotten married yet, wait a bit for the SSN stuff to be processed. Once she is married, that authorization to work (from the K-1 visa) automatically expires, so she'll have to get something else once the AOS (after marriage) has completed.

 

The time slot between your marriage date and the GC being sent - you can apply for EAD at the same time you apply for the AOS.

 

It's actually easier to get a small business license once she has a SSN from her K-1, and set up a small business, than it is to ride the wave of EAD whilst waiting for the CR-1 Green Card to arrive.

 

As for her son - He'll have a SSN for certain once his Green Card is in hand (well, within 3 weeks after receiving it), if you go back to the SSA office. Whilst yer waiting, you can use his A number for any ID proof, and put 'applied' in any box asking for SSN.

 

Good Luck !

Edited May 7, 2008 by Darnell (see edit history)

[Sebastian]

I am sorry to say that information is not correct. Her SS card will come with the statement that it's not valid for employment. She will need to wait until after you file AOS and form I-765. Once that is approved, she will be able to work.

 

Mike - 'her' SS card will say that? For a K-1 , I think it's just the opposite, prior to actual marriage.

[Guest Mike and Lily]

I am sorry to say that information is not correct. Her SS card will come with the statement that it's not valid for employment. She will need to wait until after you file AOS and form I-765. Once that is approved, she will be able to work.

 

Mike - 'her' SS card will say that? For a K-1 , I think it's just the opposite, prior to actual marriage.

 

Yes, we were K-1, It said that on our card and that's what is says on all K-1's SS cards I believe. Also, the visa/I-94 is only an authorization to be in this country legally, it does not authorize employment, although I believe a few people on this board received some kind of special stamp on their I-94 at the POE to authorize employment. Somone please correct me if I am wrong.

[Randy W]

An immigration related SS card will state that it IS valid for employment "with DHS authorization".

 

This notation can only be removed after she receives the green card.

 

Many employers will hire with this and the I-797C, since it means that she should be receiving the EAD card within 90 days.

[Sebastian]

An immigration related SS card will state that it IS valid for employment "with DHS authorization".

 

This notation can only be removed after she receives the green card.

 

Many employers will hire with this and the I-797C, since it means that she should be receiving the EAD card within 90 days.

 

That was my experience too. I recall having to be a bit bullheaded with the SS person, to have her look up the regs so it WOULD be 'work authorized'. Before HS started up, it was some other thing, can't recall now, but it said 'with _____ authorization' , which made it valid for work.

[Sebastian]

I am sorry to say that information is not correct. Her SS card will come with the statement that it's not valid for employment. She will need to wait until after you file AOS and form I-765. Once that is approved, she will be able to work.

 

Mike - 'her' SS card will say that? For a K-1 , I think it's just the opposite, prior to actual marriage.

 

Yes, we were K-1, It said that on our card and that's what is says on all K-1's SS cards I believe. Also, the visa/I-94 is only an authorization to be in this country legally, it does not authorize employment, although I believe a few people on this board received some kind of special stamp on their I-94 at the POE to authorize employment. Somone please correct me if I am wrong.

 

Ya, this is where it gets messy, at the POE.

Legally, the US Customs/Immigration folk AT THE POE are required to put that stamp in the passport, but the ONLY POE that does it, still, is at JFK POE.

 

What a wonderful world it would be IF the rest of the POE's actually went back to doing their jobs, and putting the work authorization stamp inside the passport.

[Guest Mike and Lily]

An immigration related SS card will state that it IS valid for employment "with DHS authorization".

 

This notation can only be removed after she receives the green card.

 

Many employers will hire with this and the I-797C, since it means that she should be receiving the EAD card within 90 days.

 

We tried that and it didn't work for us. She had to get the actual EAD card before her employer would hire her.

[Randy W]

Yes - all K-1's are "work authorized" until the I-94 expires. The stamp doesn't provide anything that the I-94 doesn't already provide, except in the eyes of an overly-cautious employer

Edited May 7, 2008 by Randy W (see edit history)

[dnoblett]

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

 

The SS card will be marked "With DHS Auth only" this is a clue for employers to request additional evidence of work auth such as EAD stamp in passport, EAD Card, or Green-card.

 

You can get a list of required docs by reading I-9 directions.

 

http://www.uscis.gov/files/form/i-9.pdf

[Guest Mike and Lily]

This topic has been discussed in detail a number of times before. Here is the link to one of those other discussions.

 

http://candleforlove.com/forums/index.php?showtopic=9057