Alvena Ferreira

Betastar wrote:
> Looks a lot better to me. I want to echo John's sentiments about having nothing but the
> utmost respect for you and all you do. But I also didn't want to stay quiet about
> something I felt may be wrong - especially since your pages are used as a resource by
> so many.
>
Listen, from the bottom of my heart, PLEASE let me know when you think that I have posted
something which is incorrect...people's lives are depending on this information, to my
thinking. I don't mind being correct one bit...been wrong several times in my life thusfar
and expect to err several more times before I die <hehe>. alvena
http://www2.apex.net/users/thehydes

Jonathan_ATC

K-1's will ALWAYS need an EAD in order to work. The SS card with NO stipulation would just
be an accident by SSA. But this rarely, if ever happens. Until one has a green card, one
MUST have a valid EAD in order to work past the initial first 90 days.

Getting the SSN is in NO WAY a substitute for filing for the 1 year EAD. It matters not
what the card says or doesn't say. An error by SSA does not constitute employment
authorization by INS.

Considering that even after we got the green card SSA refused to remove the wording from
Che-Ning's card...they told us that the green card was her current work authorization.

But regardless, it is a disservice to tell people that they can work past the 90 days just
because they have a SS card with no wording on it. It simply is not true.

--
Jonathan _/ _/ _/ _/ K-1 Fiance Visa Immigration through to Adjustment of Status
http://clik.to/getk1 K-1 & Adjustment of Status Links Page http://clik.to/K1andAOSLinks
Newsgroup FAQ http://www.k1faq.com Arnaldo and Alvena's Fiance Visa Page
http://www2.apex.net/users/thehydes/ Immigration and Naturalization Service
http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For reliable
advice, please consult with a professional immigration attorney.}

> "John" wrote:
> >
> > As I've said in another posting/thread - I don't believe we can conclude that any
> > K-1'er can obtain employment based on the SSA memo that has recently come to light. We
> > can only conclude the memo guarantees the
K-1
> > holder a social security number. While I would love to see the outcome
of
>
> OK, just a question (to anyone who just recently got the SS card by presenting the SS
> memo to SS office or after SS office reviewed their
memo)
> When you/your spouse got the SS card, did you get a SS card that had "valid for work
> with INS authorization only" or did you get a card that just was a plain old ordinary SS
> card? If you got the SS card with no "ins validation" comment on it, then you don't need
> an EAD...read the I-9 form, page 3, regarding documents that establish ability to work:
> http://www.sba.gov/sbaforms/doji9form.pdf
>
> According to that document, (if I am reading it correctly) IF you have a plain old
> ordinary SS card AND some form of picture ID, you can work, no questions asked.
>
> alvena

Jonathan_ATC

moot point.

But regardless of your vocabulary skills, WE ARE STILL saying that one needs the EAD AFTER
THE 90 days are up IF ONE WANTS TO WORK. Period. As I recall, you didn't want your wife to
work, so therefore no need for an EAD. Period.

--
Jonathan _/ _/ _/ _/ K-1 Fiance Visa Immigration through to Adjustment of Status
http://clik.to/getk1 K-1 & Adjustment of Status Links Page http://clik.to/K1andAOSLinks
Newsgroup FAQ http://www.k1faq.com Arnaldo and Alvena's Fiance Visa Page
http://www2.apex.net/users/thehydes/ Immigration and Naturalization Service
http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For reliable
advice, please consult with a professional immigration attorney.}

> Interesting question. I asked the same thing back in Aug/Sept,(I am sure the Grinch can
> search the archives for it), because my wife received her card with out the "valid for
> work with INS authorization only" stamped on
> it. She had the 90 day stamp on her I-94.
>
> I figured that since she had a regular SS card she would not need the EAD. I asked the
> NG back then if she need the EAD anyway and the answer was
yes.
> Then when I tried to reason the fact that it would not really be necessary and we could
> save 200-300$ (back then we though we had to wait 30-36
months
> for the AOS) everyone started to question my integrity. My have times changed.
>
> Anyway it is a mute point for us since the AOS is 1 Mar 01.

Jonathan_ATC

You must have read a response I didn't. Whatever, it is incorrect. One DOES need the EAD
if one wants to WORK after the initial 90 days.

--
Jonathan _/ _/ _/ _/ K-1 Fiance Visa Immigration through to Adjustment of Status
http://clik.to/getk1 K-1 & Adjustment of Status Links Page http://clik.to/K1andAOSLinks
Newsgroup FAQ http://www.k1faq.com Arnaldo and Alvena's Fiance Visa Page
http://www2.apex.net/users/thehydes/ Immigration and Naturalization Service
http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For reliable
advice, please consult with a professional immigration attorney.}

> How could you NOT get that idea from Alvena's response?
>

> > For those who do not wish to work but need a SSN for various other
> reasons,
> > the memo does indeed provide an alternative to the EAD.
> >
> > I do not believe ANYONE was saying that the memo and getting a SSN was a substitute
> > for the EAD. "John", where did you get that idea from
Alvena's
> > response?
> >
> > --
> > Jonathan _/ _/ _/ _/ K-1 Fiance Visa Immigration through to Adjustment of Status
> > http://clik.to/getk1 K-1 & Adjustment of Status Links Page
> > http://clik.to/K1andAOSLinks Newsgroup FAQ http://www.k1faq.com Arnaldo and Alvena's
> > Fiance Visa Page http://www2.apex.net/users/thehydes/ Immigration and Naturalization
> > Service http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For
> > reliable advice, please consult with a professional immigration attorney.}

> > > In article <#oMWpY4iAHA.338@cpmsnbbsa09>,

> > > > As I've said in another posting/thread - I don't believe we can conclude that any
> > > > K-1'er can obtain employment based on the SSA memo that has recently come to
> > > > light. We can only conclude the memo guarantees the K-1 holder a social security
> > > > number.
> > > ...
> > > >I feel telling any K-1 holder that they can obtain employment based solely on the
> > > >content
of
> > > > this memo is not only misleading, but just plain wrong - at least until we have
> > > > some understanding what prompted the SSA to issue the memo. It would be a
> > > > different story if the memo was issued by the
INS.
> > >
> > > I've been thinking the same thing. While the SSA says that people can get a SS# with
> > > a K-1 because the K-1 means they are allowed to work for the 1st 90 days (or
> > > something to that effect - I don't have the SSA memo in front of me) I would not
> > > take it as a substitute to
getting
> > > the EAD. SSA and INS are two very seperate and distinct agencies, and I wouldn't
> > > take something the SSA says to be in agreement with the INS's policies.
> > >
> > > I think the two are completely different issues, and that perhaps the SSA memo was
> > > more to the effect of letting people get a SS# before getting the EAD, rather than
> > > instead of getting the EAD.
> > >
> > > There's a reason they stamp those cards "Valid for work only with INS Authorization"
> > >
> > >
> > > Betastar
> > >
> > >
> > >

> >
> >

jeffreyh1

RJ,

It's turning out that you and your wife have been the exception to every rule - ADIT pic
accepted showing glasses, ADIT pic accepted showing earrings, SS card received without the
work authorization stamp.

In the case of the SS card, since it takes a consious act of someone to stamp the card
with the 'work authorization required' logo, it is reasonable to expect that there may be
times when an SS worker may neglect to do it. I think it's further reasonable to expect
that just because some SS worker has made an error, the affected immigrant does not
become exempted from the laws that require Employment Authorization from the INS in order
to hold a job.

Congratulations to your wife on the unexpectedly quick AOS interview, and good luck to the
both of you at it. Please don't bring back any horror stories!

Regards, JEff there are no stupid questions, but there are a lot of inquisitive idiots
--------------------------------------------------------------------
In article <[email protected] k.net>,

> Interesting question. I asked the same thing back in Aug/Sept,(I am
sure
> the Grinch can search the archives for it), because my wife received
her
> card with out the "valid for work with INS authorization only" stamped
on
> it. She had the 90 day stamp on her I-94.
>
> I figured that since she had a regular SS card she would not need the
EAD.
> I asked the NG back then if she need the EAD anyway and the answer was
yes.
> Then when I tried to reason the fact that it would not really be
necessary
> and we could save 200-300$ (back then we though we had to wait 30-36
months
> for the AOS) everyone started to question my integrity. My have times changed.
>
> Anyway it is a mute point for us since the AOS is 1 Mar 01.
>
>

--

RJLiles

I used mute because I wanted the use mute. Has nothing to do with vocabulary skills.

I also say "Piece of pie" and "easy as cake".

But I guess one can not exhibit their individual traits here without someone saying
something about it.

But if you wish to go there, on your speeding analogy it is "I sped today" not "I speeded
today". Or "I was speeding today".

> moot point.
>
> But regardless of your vocabulary skills, WE ARE STILL saying that one
needs
> the EAD AFTER THE 90 days are up IF ONE WANTS TO WORK. Period. As I
recall,
> you didn't want your wife to work, so therefore no need for an EAD.
Period.
>
> --
> Jonathan _/ _/ _/ _/ K-1 Fiance Visa Immigration through to Adjustment of Status
> http://clik.to/getk1 K-1 & Adjustment of Status Links Page http://clik.to/K1andAOSLinks
> Newsgroup FAQ http://www.k1faq.com Arnaldo and Alvena's Fiance Visa Page
> http://www2.apex.net/users/thehydes/ Immigration and Naturalization Service
> http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For reliable
> advice, please consult with a professional immigration attorney.}

> > Interesting question. I asked the same thing back in Aug/Sept,(I am
sure
> > the Grinch can search the archives for it), because my wife received her card with out
> > the "valid for work with INS authorization only" stamped
on
> > it. She had the 90 day stamp on her I-94.
> >
> > I figured that since she had a regular SS card she would not need the
EAD.
> > I asked the NG back then if she need the EAD anyway and the answer was
> yes.
> > Then when I tried to reason the fact that it would not really be
necessary
> > and we could save 200-300$ (back then we though we had to wait 30-36
> months
> > for the AOS) everyone started to question my integrity. My have times changed.
> >
> > Anyway it is a mute point for us since the AOS is 1 Mar 01.
> >
> >
>

Sue

..Considering that even after we got the green card SSA refused to remove the
> wording from Che-Ning's card...they told us that the green card was her current work
> authorization.

Hmm, just want to add that my daughter received an SSN card issued with the 'valid for
work only...' wording after she had I-551 (shown at the SS office while applying for
card). (My other daughter's and my card did not have this wording). Before we could
complain, her green card arrived. We called SS office, explained to them card was wrong,
they sent a new one and told us to throw the wrong one away, they were happy to do it, no
need to visit office, they acknowledged they had made mistake with the original card. Just
depends on the office and the person I suppose..

Betastar

K-1's will ALWAYS need an EAD in order to work. The SS card with NO
> stipulation would just be an accident by SSA. But this rarely, if ever happens. Until
> one has a green card, one MUST have a valid EAD in order to work past the initial first
> 90 days.

The question still remains "What about the first 90 days?"

I still think they wouldn't have a 90-EAD card if there was no need for one because of
this SSA memo. But obviously there's still a lot of different interpretations of this.

Betastar conservative when it comes to immigration issues

sine nomine

""John"" wrote:

: As I've said in another posting/thread - I don't believe we can conclude that any K-1'er
: can obtain employment based on the SSA memo that has recently come to light. We can only
: conclude the memo guarantees the K-1 holder a social security number. While I would love
: to see the outcome of someone trying to get employment based on the memo, I fear they
: will be denied when the employer can't find the box to check from list A, B, or C on the
: I-9 form.

i was under the impression that the ssa memo stating that a k-1 has the right to work for
90 days would mean that the i-94 the k-1er has would be considered an i-94 valid for work,
as mentioned on the i-9.

--
sine | deb whose spouse came in on a cr-1 so is just guessing

\John\

Looks good to me Alvena. If we're lucky, maybe further research will prove we don't need
the 90 day EAD after all.

I only wish I had taken the time to read your AOS page before we went to Tampa to get the
temporary EAD, we either would have gone during the week before we got married or at least
not wasted our time. Hmmmm, on the other hand, if we had gotten the EAD before we married
- then we might not know about EM#154, yet.

Regards, "John"

> Someone, please do me a favor...re-read my EAD and SS pages and see if I have made the
> appropriate corrections... http://www2.apex.net/users/thehydes/AOS.html
>
> alvena

\John\

You and I are in agreement. Still, I see a real opportunity here to make the lives of
incoming K-1 holders a lot easier and maybe even lightening the load on INS as well. It
would appear that INS has all but stopped doing anything about work authorization at the
POEs. When "Rose" came through Atlanta in December she was merely handed an I-765 form (an
old version at that) and told to take it to the Tampa office to get her EAD, citing it was
"too much work" for them to issue the cards. Wouldn't it be great if they just handed her
a copy of this SSA memo instead?

The real jist of this memo is that it is "common knowledge" that K1 visa holders are work
authorized - at least as far as the SSA is concerned anyway. If we can give everyone else
(especially the INS and employers) this same understanding, then the need for the 90 day
EAD would be eliminated. The net result being less work for the INS and all a K-1er would
have to do is go to their social security office with a copy of the memo, get their number
and start working.

Regards, "John"

> In article <[email protected]>,

> > K-1's will ALWAYS need an EAD in order to work. The SS card with NO stipulation would
> > just be an accident by SSA. But this rarely, if ever happens. Until one has a green
> > card, one MUST have a valid EAD in order to work past the initial first 90 days.
>
> The question still remains "What about the first 90 days?"
>
> I still think they wouldn't have a 90-EAD card if there was no need for one because of
> this SSA memo. But obviously there's still a lot of different interpretations of this.
>
> Betastar conservative when it comes to immigration issues

Betastar

You and I are in agreement.
> Still, I see a real opportunity here to make the lives of incoming K-1 holders a lot
> easier and maybe even lightening the load on INS as well. It would appear that INS has
> all but stopped doing anything about work authorization at the POEs. When "Rose" came
> through Atlanta in December she was merely handed an I-765 form (an old version at that)
> and told to take it to the Tampa office to get her EAD, citing it was "too much work"
> for them to issue the cards. Wouldn't it be great if they just handed her a copy of this
> SSA memo instead?

Now that's a load of... patooie if I ever heard any. Reinhard said it took all of about 10
minutes for them to do his card in Atlanta.

> The real jist of this memo is that it is "common knowledge" that K1 visa holders are
> work authorized - at least as far as the SSA is concerned anyway. If we can give
> everyone else (especially the INS and employers) this same understanding, then the need
> for the 90 day EAD would be eliminated. The net result being less work for the INS and
> all a K-1er would have to do is go to their social security office with a copy of the
> memo, get their number and start working.

I totally agree. I just also agree that I think this isn't the case... yet.