Lucy NY

I understand that you can apply for EAD once u enter on K1 - clearly it takes time for it to come through after getting your SSN but once married - do you have to re apply for another EAD once u apply for adjustment of status?!

meauxna

You are eligible, as a K-1, to apply for an EAD based on that status. It can only be valid for the length of that status, which is 90 days in length.
The EAD application takes roughly 90 days to fulfill. You can not work until you have the card in your hand. There is a fee for this EAD application.

When you are married, and apply for your Adjustment of Status, you can apply for an EAD in that category. That EAD is valid for one year. It also takes 90 days to receive the card. There is no additional fee for this application.

AOS applications have recently been approved in 90 or so days for many people.

AOS approval trumps EAD; the Green Card removes the need to have the EAD.

Does that answer your question (and then some?)

Noorah101

The EAD and SSN are not linked. The best way to get both accomplished is:

About 10 to 14 days after you enter the USA on your K-1 visa, go to the SS office and apply for your SSN. As a K-1 visa holder, you don't need an EAD to do this. Just your passport, K-1 visa, and I-94. If you wait too long to apply for the SSN (past your 76th day in the USA), then you will need your EAD to get this done. That's why it's best to apply about 10 to 14 days after arrival. It takes about 2 weeks to get your SSN in the mail after applying.

After you get married, you will be filing AOS. Part of the AOS paperwork is the application for EAD. You don't need a SSN to get an EAD. It takes about 90 days to get the EAD in the mail after filing AOS.

Once you have your EAD in hand, you do not need to do anything else with your SSN.

However, after you have your Green Card in hand, you'll want to apply for a replacement SS card so they can remove the "valid for work only with DHS authorization" legend from the SS card.

Rene

Lucy NY

Ok thanks for all the pointers and help.

So to be honest, there is no point filing for EAD until your married and apply AOS - at least that way its an all in one fee

Rete

You got it. I admire your desire and resolution to understand the entire process of what you need to do from the start of the K-1 Fiancee Visa through the adjustment of status after marriage. It can be daunting but it is a process that is taken in steps and if looked at on the whole it makes for a lovely graphic design

By reading the AOS link in the wiki and I believe it is prominent at the start of the forum, you can at least get a handle on what needs to be done. I would suggest, however, that you leave questions until you have gotten to that point, or at least closer to, the time when you will file for AOS. Don't overload yourself with facts since to do so will only muddy your thinking.

You're doing great, btw, in your research and understanding.

jimandtina2008

Hi, Just saw this this morning about the SSN.......we waited til after we got married (to save name changes) and applied for my SSN on 29th June (just 19 days after arrival on k1) and we were told that I had no valid reason to get a Social Security Number as I had no right to work. We were told that we had to reapply once the AOS/EAD had been processed and approved. I was however given a letter of ineligibility to assist with other applications that might require a SSN, such as Drivers licence. By the way, passed my road test yesterday so am off to the SOS today (hopefully) to get my temporary driver's licence!!!!!

Unfortunately, having no SSN means that I cannot open a bank account, or even be put on Jim's account yet. Luckily his employers were happy enough with the Marriage Certificate so that I could be added to his company benefits and medical insurance.

Has anyone else had problems like this?

Tina

Lucy NY

Thank you Rete - thats very kind

I just wish to have this processed mapped out in my mind, my partner is in the middle of buying our first house and so this paperwork management is down to me which im totally cool with but do not wish to bu**er this up

Moving to a different country is daunting and all this information is so daunting but I am a very organised person by nature so I feel better if I know what lies ahead of me, even when over into the states as technically thats just the start of it! And I want to be able to integrate into american life straight away so that requires driving, new work etc etc so I feel im im prepared for the paperwork now it may make adjusting easier for me

I will wait though until we have approval that I actually get going on the paperwork. I take it my fiance ( the petitioner) recieves the NOA1 & NOA2? And do they notify you in writing?

Thanks for all your help

ian-mstm

Whoever told you that was an idiot. A K-1 does have the right to work and SSA's own manual verifies that. You should go back to SSA and ask to speak to a supervisor.


Sorry, that is clearly wrong. You do not need a SSN to open a bank account. Ask to speak to a supervisor. What you do need is proof of your identity, and your non-US passport provides that proof. If the bank insists that having a SSN is their policy, I suggest you take your business elsewhere - and let them know about it... and perhaps your local newspaper as well.

Ian

country_canuck

there are some (rare) occasions where even though the EAD fee is included in the 485 fee, the applicant is required to pay this fee a second time. Kind of off track here since it won't likely apply to this applicant, but I had my application for EAD returned asking for payment even though I had already paid for it in the 485.

Cheers!

ian-mstm

If you say this happened to you, then I accept that it did. However, you should not have had to pay for an EAD separate from the I-485 fee. Did you include proof of your I-485 filing with the I-765? If you had, you should not have had to pay again. Water under the bridge now... so, just curious.

Ian

Rete

We ran into this problem back in 1998 with a new American from Jamaica who worked at the local SSA office. We simply left and went to another office in another town and got the SS card.

It is my understanding that you can be put on the account and your social security number entered when you receive it.

Noorah101

Yes, both the NO1A (receipt of I-129F) and NOA2 (approval of I-129F) come to the petitioner via regular mail.

Rene

Noorah101

Not all SS employees behind the window know all the rules. And sometimes you get a SS employee who believes the K-1 becomes invalid, or your status changes somehow after marriage (which is not true). The employee was wrong, you WERE eligible for a SSN at that time. I would try another office, or that that office on a different day and ask for a supervisor.

Although I have to say I didn't like dealing with SS. After following the advice on this forum to ask for a supervisor, I did that, and the employee behind the window just kept saying no! Hard to speak with a supervisor when I can't get past the first guy at the window. Ugh. I just let it go at the time, it wasn't anything urgent...it wasn't the first SSN so I wasn't too worried. I just went back later and got what we needed accomplished eventually.

Rene

Lucy NY

Thanks - just so that I know what to expect

jeffreyhy

A SSN - or ITIN - may be required for an individual bank account, in order for the bank to do reporting that my be required by the IRS. Definitely required if the account is interest bearing, because the bank does have to report interest earned to the IRS.

For a joint account only 1 of the parties may need to have a SSN (or ITIN). The bank may need someone to report the account against, but it doesn't need everyone.

Regards, JEff