Sarah

Hello people!
When I filed out my K1 application forms I had already been offered a job in the states so in the space where they ask if you plan to work and where you plan to work I filled in where I had the job offer. My POE was through JFK I assumed I'd be given an EAD but was so intimidated by the angry and unhelpful, immigration officers when I landed in JFK that I forgot to ask them about the EAD. I'm assuming now that I will not have one. Can I get a social security number without an EAD? I was married 3 weeks ago and I start work next week. my employer is getting a bit worried. What do I do next? Please please give me some advice!
Thank you thank you thank you!
Sarah

Hypertweeky

Hey Sarah

I have heard around here that K1's should apply for the SSN BEFORE they get married.. because if you don't you lose the condition of fiancee and can't apply for the SSN.. Correct me someone if I am wrong.
How do you plan on start working next week? You have no SSN and no EAD, even if you got the EAD stamp you would need the SSN, can't work without the SSN.

ian-mstm

I'm afraid there may not be any good news here. Once you've been admitted at the PoE, there's no going back for documents. And, even if you got the EAD there's still no guarantee that SSA would have accepted it without some other form of documentation from USCIS. That said, some states will let you get a SS# to fulfill other requirements - drivers license, etc., but it may be stamped "not valid for employment without USCIS authorization" (or something similar).

I suggest you file for Adjustment of Status, EAD and Advance Parole immediately. Even if you were to file tomorrow, it may still take 90 days to get the EAD and might take longer. You can not work without a SS# even if you have an EAD. Good luck.

Ian (and Sheila)

---------------------------------------------------
Timeline:

Mailed I-129F: November 28, 1997
K-1 interview in Montreal: March 27, 1998
Married Sheila: May 23, 1998
Filed for AoS: June 15, 1998
AoS interview: February 20, 2001
Received PR status: March 4, 2001
Applied for Citizenship: December 8, 2003
NoA: Priority date - December 11, 2003
Fingerprinted: January 20, 2004
Citizenship Interview: May 5, 2004 – Passed
Oath Ceremony: June 11, 2004 – and the journey is over!

Sarah

Is there any way that my passport could have been stamped anyway seeing as I put that I had a job to go to on my forms?
I haven't got my passport to hand so I'll have to inspect it when I get home.
Apart from that what shall I do to get my SSN ? I had a SSN two years ago when I was over here working on a J1 which is how I met my hubby anyway I'm assuming that that SSN will have expired by now. Should I just file my AOS papers and wait until I get my SSN? I'm SO confused!! And to think - I imagined things would get easier with the paperwork once I was over here and married!!

Sarah

Hypertweeky

Hey Sarah

Check to see if you got the temporary work stamp on your passport. If You haven't got it, this is what you have to do:
File your EAD application along with form I-485 (Adjustment of status form) and I-131 (Advance of parole, travel document that allows you to leave the country while AOS is pending.. if you leave the country without it you won't be allowed in).
You can't file for the EAD separately, it has to be based on a AOS pending application.

Like we said before.. if you do not get the SSN you are not eligible to work even if your EAD has been approved.
K1's are eligible to apply for SSN upon entry.. so I don't know if you will be able to apply for it since you are no longer a K1.. sorry!
Hopefully someone will chime in and help.
Good Luck.. and hey take a deep breath ok??

Sarah

Oh arse, and to think everything I had done up until now had been all correct and now I fall at the last hurdle..
If I wen tdown to my Social Security office do you think they could let it slide or something? I guess not huh? I wish I'd applied before I got married I just completely forgot.
*deep breath*
Oh social security numbers! Why are they so difficult !

ian-mstm

If you had a SSN you still have one - at least, the number will always remain the same regardless of your status. If all you need is the EAD, you may have a slightly easier time than someone who needs to secure both an EAD and SSN. If your passport was not stamped, file your AoS and EAD ASAP. Without both, I'm afraid you won't be able to work. I sympathize with your frustration.

Ian (and Sheila)

---------------------------------------------------
Timeline:

Mailed I-129F: November 28, 1997
K-1 interview in Montreal: March 27, 1998
Married Sheila: May 23, 1998
Filed for AoS: June 15, 1998
AoS interview: February 20, 2001
Received PR status: March 4, 2001
Applied for Citizenship: December 8, 2003
NoA: Priority date - December 11, 2003
Fingerprinted: January 20, 2004
Citizenship Interview: May 5, 2004 – Passed
Oath Ceremony: June 11, 2004 – and the journey is over!

thing1

SSNs do not expire...EVER. Once an SS number is attached to you, it is yours for life. Dig up your old SSN. You'll need it.

The good news is, you already have an SSN.

The bad news is, you have to tell your employer you won't be able to start work until you have an EAD or your green card.

Good luck!

Epitomee2000

Please check your passport thoroughly. My husband was unsure that he received a temp ead stamp in his passport until we went through it together. JFK was his POE in Sept..

lairdside

Good catch. Also, it IS legal to work without an SSN if you are authorized for employment and have APPLIED for an SSN.

Rete

Social Security cards do not expire. It is yours for life.

I'm sorry you were intimidated at the POE and didn't ask for your EAD stamp. You are eligible for the one year EAD as soon as you file for your AOS and file the I-765 along with it for the one year EAD. Until that time there is nothing much you can do but wait it out. Some employers will take the risk and responsibility of letting you work with only the receipt for the EAD and your social security card/number. It is the employer that will bear the fine if discovered to have hired an employee without documentation. However, someone somewhere has found and mentioned that you have 90 days to produce the EAD after being hired and you are eligible to go to the district office 91 days after filing for an interim EAD if the one year has not arrived yet.

I'm sorry you were under the mistaken impression that the paperwork is easier after a K-1. In fact, it is far more complicated then the K-1 ever could be as there are so many variables and different petitions and applications that go along with it.

Rete

Michael D. Young

SarahUK wrote:

    > Oh arse, and to think everything I had done up until now had been all
    > correct and now I fall at the last hurdle..
    > If I went down to my Social Security office do you think they could let it
    > slide or something? I guess not huh? I wish I'd applied before I got
    > married I just completely forgot.
    > *deep breath*
    > Oh social security numbers! Why are they so difficult !

You should be able to be assigned a work authorized SSN based on your K-1
status as long as you haven't been in the U.S. for over 76 days at the time
your status is verified.

Now the part about filing for an original SSN or corrected card in your
married name was somewhat clarified up by an EM that was issued last week by
SSA, unfortunately the info was not to be shared with the public.

What I can say is if you follow:

http://policy.ssa.gov/poms.nsf/lnx/0100203210#A

and haven't been in the U.S. over 76 days, you clear SAVE in your maiden
name and the office read the EM you should be OK to get an original SSN card
or corrected card with your married name. Now if they haven't read the EM
and send a G-845 because SAVE doesn't show your married name, you're on your
own.

J Moreno

ian-mstm <member2954@british_expats.com> wrote:

    > That said, some states will let you get a SS# to fulfill other
    > requirements - drivers license, etc., but it may be stamped "not
    > valid for employment without USCIS authorization" (or something
    > similar).

SS# are completely independent of the the states...it's federal.

<http://www.ssa.gov/>

<http://ssa-custhelp.ssa.gov/cgi-bin/...td_adp.php?p_s
id=Vd2mncch&p_lva=&p_faqid=1125&p_created=10294228 21&p_sp=cF9zcmNoPTEmcF
9ncmlkc29ydD0mcF9yb3dfY250PTUmcF9jYXRfbHZsMT0zOSZw X2NhdF9sdmwyPX5hbnl_Jn
BfcGFnZT0x&p_li=>

<http://tinyurl.com/3hhq4> (for the short version)


And here's the text....
What types of Social Security cards does SSA issue?

Â
Question What types of Social Security cards does SSA issue?

Â
Answer
Â
We issue three types of Social Security cards depending on an
individual's citizen or non-citizen status and whether or not a
non-citizen is authorized by the Department of Homeland Security (DHS)
to work in the United States.

1. The first type of card shows the individual's name and Social
Security number only. This is the card most people have and reflects
the fact that the holder can work in the U.S. without restriction. We
issue this card to:

- U.S. citizens, or

- Non-citizens who are lawfully admitted to the U.S. for permanent
residence, or who have permission from the Department of Homeland
Security (DHS) to work permanently in the U.S., such as refugees,
asylees and citizens of Compact of Free Association countries.

2. The second type of card bears, in addition to the individual's name
and Social Security number, the legend, "NOT VALID FOR EMPLOYMENT." We
issue this card to non-citizens who:

- don't have DHS permission to work, but are receiving a
federally-funded benefit; or

- are legally in the U.S. and don't have DHS permission to work but,
are subject to a state or local law which requires them to provide a
SSN to get general assistance benefits.

3. The third type of card bears, in addition to the individual's name
and Social Security number, the legend, "VALID FOR WORK ONLY WITH INS
AUTHORIZATION." We issue this card to people who have DHS permission to
work temporarily in the U.S.

If you¹re a noncitizen, we must verify your documents with DHS before
we issue a SSN card. We will issue the card within two days of
receiving verification from DHS. Most of the time, we can quickly
verify your documents online with DHS. If DHS can¹t verify your
documents online, it may take several weeks or up to three months to
respond to Social Security's request. For more details, please see the
answer to the Frequently Asked Question, How is SSA protecting Social
Security numbers?

--
J. Moreno

J.B. Moreno

SarahUK <member17313@british_expats.com> wrote:

    > Apart from that what shall I do to get my SSN ? I had a SSN two years
    > ago when I was over here working on a J1 which is how I met my hubby
    > anyway I'm assuming that that SSN will have expired by now.

I don't believe SS# ever expire...of course you'll need to tell them
about your new status.

--
J.B. Moreno

ian-mstm

Thanks for the law lesson. My point, which you apparently missed, was that if you need a drivers license and live in a state that requires a SS# as a prerequisite, then you may be able to go to the SSA and apply for one - as a prerequisite for your license. I applied for and received a SS# completely independent of my immigration status. BTW, no one else seemed confused by what I wrote. Next time, you might want to take a deep breath before you post.

Ian