bequibar wrote:

    > Originally posted by Mattias Hembruch
    > >
    > > But.. K1s already HAVE EAD from the moment they enter, don't
    > > they? So, why
    > > would they need the ability to get an SSN without EAD?
    > >
    > > Mattias
    > I'm a k-1 and I failed to get my EAD at POE (my fault, I didn't remember
    > to request it).
    > From the reading I've been doing yesterday and today I understand it's
    > not that big a deal if you get an I-94 with a K-1 annotation stamped on
    > it, which I have. Now I can apply for my SSN that allows me to work.

You can be assigned a work authorized SSN based on K-1 status without an EAD
card up until you have been in the U.S. for 76 days. After 76 days you need
an EAD card.

    > Also from the reading I've done I found out that without EAD you can apply
    > for a not-allowed-to-work SSN, so for Gigiola, the answer is yes, you can
    > get a SSN without EAD and you need not work.

Unless you are eligible for Social Security benefits, the option of being
assigned a nonwork authorized SSN is out the widow for aliens.

RM 00203.510 Alien without Work Authorization - Nonwork Need for an SSN

http://policy.ssa.gov/poms.nsf/lnx/0100203510

I am not a lawyer and never really wanted to be one either. LOL

imkimmy wrote:

    > Originally posted by Gigiola
    > > When/if I eventually get to USA it would be unlikely I would work.
    > > Now don't blast me! I'm not lazy .. I'm old !!!
    > >
    > > Is it possible to get a SSN without applying for EAD?
    > You could get an ITIN (Individual Taxpayer Identification Number)
    > instead of a SSN. This is what you would use for tax purposes and you
    > can put the ITIN number on your bank accounts. I don't see why you
    > couldn't use the ITIN for a license as well.
    > Kimberly

Well SSA has agreements with 21 states to verify SSN, name and date of
birth info used on driver's license applications, so if you live in one of
those states and enter an SSN that starts with "9", it ain't going to
fly. I would assume that the other states are wise to no SSNs having
been assigned that start with "9".

Dear Bequibar,
my experience is - I live in North Carolina - that they have NOT given me a SSN. I came here with K-1 and got married all right, but they just looked into my passport and then they had a look into their lists what to do with a K-1 person, and they told me flat out that I could not get any SSN before I have the EAD.

I'm not sure if they were 100% correct with that info. So far I did not have the energy to go to a different Soc. Sec. office in town and find a different guy with a different list on his desk.

By the way I don't think you would have gotten the EAD stamp even if you had asked them at your POE. They are pretty greedy nowadays with that. Well, asking would not have hurt, either. I had assumed that they don't issue it any more, full stop, according to the experiences of many others. So I had not bothered to ask about it.

Let's see.
Hanna

Siddartha wrote:

    > Originally posted by bequibar
    > > I'm a k-1 and I failed to get my EAD at POE (my fault, I didn't
    > > remember to request it).
    > >
    > > From the reading I've been doing yesterday and today I understand
    > > it's not that big a deal if you get an I-94 with a K-1 annotation
    > > stamped on it, which I have. Now I can apply for my SSN that allows
    > > me to work.
    > >
    > >
    > Dear Bequibar,
    > my experience is - I live in North Carolina - that they have NOT given
    > me a SSN. I came here with K-1 and got married all right, but they just
    > looked into my passport and then they had a look into their lists what
    > to do with a K-1 person, and they told me flat out that I could not get
    > any SSN before I have the EAD.

I would say that since you applied after you were married, the office was
right. Had you applied before getting married, they would have been wrong
if you hadn't been here over 76 days. Even after you were married you might
have still been assigned the SSN if you applied in your maiden name and
didn't say anything about being married.

http://policy.ssa.gov/poms.nsf/lnx/0100203500

RM 00203.500 Employment Authorization for Nonimmigrants

C. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION

The following policy applies to employment authorization by class of
admission.

1. Aliens Work Authorized Without Specific INS Authorization

The following lists nonimmigrants, by alien classification, who are
authorized to work in the U.S. without specific authorization from INS. The
alien’s I-94 will not have the INS employment authorization stamp and the
alien will not have an EAD.

K-1 Fiance(e) of U.S. citizen

bequibar wrote:

> From the reading I've been doing yesterday and today I understand it's
> not that big a deal if you get an I-94 with a K-1 annotation stamped on
> it, which I have. Now I can apply for my SSN that allows me to work.

Mattias and Bequibar:
Getting an SSN is not all you need to work on a K-1. K-1s DO need an EAD
(which is rarely given out at the POEs anymore) in order to work for
the first 90 days they are here. After that, K-1s need a one-year EAD,
which is only available based on filing for AOS after marriage.

K-1s are technically authorized to work incident to status - however,
employers are not allowed to accept the I-94 without the work auth as
proof of eligibility to work. They must satisfy the requirements of the
I-9 form, which will accept the following as proof of your work eligibility:

"Unexpired foreign passport with I-551 stamp or attached INS Form I-94
indicating unexpired employment authorization."

http://www.immigration.gov/graphics/.../files/i-9.pdf

Unless you meet this (or another of the list of clauses), you can't work
without work auth/EAD.

I think this gets confusing because the SSA, which decides whether or
not you can have an SSN, has one set of rules for K-1s, which refer to
their "authorized to work" status. But the office that decides whether
or not you can work is not the SSA - it's the USCIS/BCIS/INS. And they
say that unless you can provide the documents to meet the I-9 form, you
cannot work. I hope that makes sense. Kristin

Mattias,

Overuse of acronyms and forgetting where they came from.

EAD is employment authorization document. A K1 is employment authorized (EA), but few K1s obtain an employment authorization document (EAD) on entry.

Regards, JEff

well, in all honesty i'm not freaking out over the lack of the ead stamp because we'll probably marry before the 3 months are over and i will not work before we marry.

we are looking at schools for my daughter to transfer to after this mess with her visa expiration date, looking for a 2 bedroom apartment, sorting out all sorts of paperwork and the upcoming move, so, it makes little sense for me to strap myself to a 9 to 5 when we have so much to get done in so little time. when all is in its place, then i'll start looking for a job... and it looks like all will be in its place around the time we file for aos.

on the ssn - i went to the philly ss office today and applied for my number. they did not need my birth certificate or any one of the multiple id's i brought. they just took photocopies of my passport, my k1 visa and the i-94, the application, and told me it will take anywhere from 4 to 8 weeks because immigration hadn't yet uploaded my info into the system. they said i would get a receipt by mail saying they're processing me and then i'd get my card with my number. that was it.

http://k1.exit.com/AOS.html