Guest triumphrev Posted February 24, 2005 Report Share Posted February 24, 2005 I'm still confused about getting/needing EAD. I'm in San Francisco, anyone have any experience with filling at the immigration office here. How long to get an EAD?Is it worth it?About how long till we can get real docs. for her to work? She's only been here for a couple of weeks. So haven't gotten married yet. Just starting all the AOS paper work.Thanks Link to comment
warpedbored Posted February 25, 2005 Report Share Posted February 25, 2005 Ummmm you have to get married to file AOS. EAD varies from city to city hopefully someone who lives there will post. Link to comment
lele Posted February 25, 2005 Report Share Posted February 25, 2005 Did she get an EAD stamp at SFO when she arrived? If so, that is the best you can do until you file for AOS. What I recommend is filing for AOS and the EAD at the same time. Good Luck! Link to comment
frank1538 Posted February 26, 2005 Report Share Posted February 26, 2005 I'm still confused about getting/needing EAD. I'm in San Francisco, anyone have any experience with filling at the immigration office here. How long to get an EAD?Is it worth it?About how long till we can get real docs. for her to work? She's only been here for a couple of weeks. So haven't gotten married yet. Just starting all the AOS paper work.ThanksAs others have said, the time to get an EAD varies from place to place. Temporary 90 day EADs aren't worth it - just go ahead and apply for the EAD with the AOS. Oh, and one other thing - unless your fiancee plans on working underground, the EAD is a real document, along with the SS card. She will need both to work legitimately in the US, at least initially, until she become a legal permanent resident. Link to comment
Razbre Posted March 1, 2005 Report Share Posted March 1, 2005 I am just as confused...but Yunling says that I am always that way anyways....we did the 'usual' routine of pretty much everyone else here and had to visited a couple SS offices before she could get her SS card. that should be arriving in a couple weeks....OK...MY question is....we will marry soon and start her AOS, she has no real plans of working until she gets her green card. Will we still need to file an EAD with her AOS? Or when she gets her green card, she will be able to work without having to file the EAD? And the same for her daughter...her daughter is K2, so I know we need an EAD for her to get a SS card right now, but if we wait for green card for her as well, can we get a SS card for her without the EAD? Link to comment
frank1538 Posted March 1, 2005 Report Share Posted March 1, 2005 OK...MY question is....we will marry soon and start her AOS, she has no real plans of working until she gets her green card. Will we still need to file an EAD with her AOS? Or when she gets her green card, she will be able to work without having to file the EAD? And the same for her daughter...her daughter is K2, so I know we need an EAD for her to get a SS card right now, but if we wait for green card for her as well, can we get a SS card for her without the EAD?A legal permanent resident (green card holder) doesn't need an EAD to work legally in the US, but an LPR will still need an SSN to work. The SSN card is likely to be the same type of card a USC gets (no legend saying "VALID FOR WORK ONLY WITH DHS AUTHORIZATION"). So, if you are sure your fiancee doesn't plan on working until she becomes a legal permanent resident, maybe it's okay to forget about the EAD and also wait on getting the SSN. But, be careful here. Is is possible that she might need an SSN before she becomes an LPR, like for joint bank accounts, etc.? If so, as a K-1er, she can apply for a SSN within the first couple of months or so of her arrival without an EAD. However, your daughter, as K-2er cannot get an SSN unless she either has an EAD first or unless she becomes a LPR. Again, the question is whether she will need a SSN for some reason before she becomes an LPR. Link to comment
warpedbored Posted March 1, 2005 Report Share Posted March 1, 2005 I am just as confused...but Yunling says that I am always that way anyways....we did the 'usual' routine of pretty much everyone else here and had to visited a couple SS offices before she could get her SS card. that should be arriving in a couple weeks....OK...MY question is....we will marry soon and start her AOS, she has no real plans of working until she gets her green card. Will we still need to file an EAD with her AOS? Or when she gets her green card, she will be able to work without having to file the EAD? And the same for her daughter...her daughter is K2, so I know we need an EAD for her to get a SS card right now, but if we wait for green card for her as well, can we get a SS card for her without the EAD?Since you mentioned you haven't gotten married yet I assume you areK-1. If your SO is going to take your last name wait until after you are married to get her SSN. That way she can fill out the application using her married name. As long as a K-1 has been in the country less than 70 days they do not need to have filed AOS or get an EAD to obtain a SSN. Take a certified copy of your marriage license with you to the SS office along with her passport. In her passport there will be the I-94 and her visa. These are the only 3 documents you will need to get a SSN. It is important to get a SSN before your AOS interview because you will need documents like joint bank account statements to prove you are living together as man and wife. Without a SSN you can't put her on your bank account. Some SSA employees aren't as up to speed on the law for K-1 as others. You may need to go to more than one SSA office before you find one knowledgeable enough to give you one. Other than that she does not need an EAD to file AOS unless she is in hurry to get a job. She just won't be able to work until her green card comes.Good luck Link to comment
Razbre Posted March 2, 2005 Report Share Posted March 2, 2005 yes...we K1....ahhhhhhhhhhhh....although I have not seen the marriage license application yet...(I will be picing up the app this friday...) it seems that all the references I have seen is requiring an SS number for her as well on the marriage application.She just got a notice today in the mail that the SS administration got her paperwork and are checking the info she gave with the 'proper' departments to make sure the info is valid. said it should be about 4 weeks. Link to comment
warpedbored Posted March 2, 2005 Report Share Posted March 2, 2005 There is one catch 22 in your situtation that I overlooked earlier. Th K-2 child. I am not 100% sure on this but I believe in order for the Child to get a SSN you will have to file an EAD. I wouldn't bother though unless the child's school requires one. Link to comment
Trigg Posted March 2, 2005 Report Share Posted March 2, 2005 100% correct. A k2 child must ahve EAD to get SSN--been there done that. Some cruel irony that a child who is not old enough to work in America must get an authorization to work. Confuses me how our give can authorize and act that they have deemed to be ilegal????????????????? Link to comment
Razbre Posted March 2, 2005 Report Share Posted March 2, 2005 so your saying even with green card and being LPR, K2 still needs EAD? Link to comment
Razbre Posted March 2, 2005 Report Share Posted March 2, 2005 very good.....thanks for all this info...definately clears my poor clouded mind up some...Can't see any near reason for her daughter needing a SS number before the end of the year....mainly to be able to claim her on income taxes... Link to comment
warpedbored Posted March 3, 2005 Report Share Posted March 3, 2005 Don (as usual) is correct. If your K-2 child needs a SSN before receiving the green card then you must file for an EAD. If the K-2 child does not need a SSN then wait for the green card. An EAD however is not necessary for the K-1 to get a SSN unless they wait until after 70 days of being in country. Link to comment
Shanghai Meetup Posted March 3, 2005 Report Share Posted March 3, 2005 general guide: http://www.visajourney.com/forums/index.php?pg=k1k3ead Link to comment
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