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| SSN and EAD made easy | Rate Topic |
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| Posted: Monday September 25th, 2006 05:01 am |
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1st Post |
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dwfunk Member 
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ahhh, so your new honey is worried about legally getting to work as quickly as possible when she arrives here to be with you in the US. You've looked at the government websites and it's all so confusing. You've attempted to search the 'archives' of those mega forums and get gobble-dee-goop, and you are tired of wading through all the "i feel for you's" and the "we're here for you's" and the sigs that have all those stupid silly litte bunnies, and birdies, and frillies that designate some timeline to who-knows-what and you've waded through pages and pages of this "stuff" and haven't found a cognizant answer yet, and you are still lost and wondering!! Maybe you are wondering why the POE's have stopped issuing EAD's and why is JFK the only POE issuing on the spot EAD's and you've been frustrated by all this confusion. Well so has my Natalia and I. This business of only getting an EAD upon arrival at JFK is complicating the homecoming travel plans. The length of time before approval and the hassles of getting an EAD locally, before or after AOS is over whelming and frustrating. Well fret no more. What I'm about to tell you has existed for several years now. (at least since Sept. 2000 from what I can find!!) It's also why POE's have "stopped" issuing EAD's. What has happened is that the left hand does not know what the right hand is doing and so all of us are confused by the inconsistent behavior of our mighty Uncle Sam. You might possibly need to print the government documents and websites that I am about to give you. If you have to make a trip to the SSA office you may encounter a clerk who doesn't know this information, so you will then need to politely, and I mean politely ask for a supervisor and politely request they verify their own rules and thus get you and your honey fixed up. First of all, when she fills out her DS-230, be sure and have her answer questions 33a and 33b. DHS will then share her info with the SSA. These 2 questions on the DS-230 seem to imply that 2 weeks after she arrives, so will her brand new SS card and SSN, but maybe not. Now, upon arrival, do not worry about getting an EAD, it is not required, and actually was never required for the last several years, but the enabling legislation makes it sound as if it's needed. Here is what shows getting an EAD for K-1's is not needed: Most of your problems with getting a SSN that is work authorized lies with the SSA. Here is their policy on how this is handled. https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500#C2 please note the following quotes taken from this page: "The Department of Homeland Security (DHS) determines whether an alien can work in either employment or self-employment in the U.S. Under certain circumstances, DHS authorizes nonimmigrants to work. Some nonimmigrant aliens have employment authorization by virtue of their alien classification." I'm not going to quote everything, you can read the whole page, but I will quote the portions that hi-light our K-1 process. "Required evidence for employment authorization is either a Form I-94, Arrival/Departure Record, showing a class of admission that indicates the person can work without specific DHS authorization (RM00203.500C.1.) or an employment authorization document (EAD) (Form I-766 or I-688B)." Getting the EAD's, either one of the two Forms or getting a Stamp has been problematic, but for K-1's is not necessary. The I-94 will show arrival in the US, and will show visa classification of K-1. Now this next quote found here: https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500#c1 is extremely important. "The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD." Please note the the SSA's emphases in the above statement on the SSA's page. There are certain alien class's who are authorized to work in the US WITHOUT getting specific authorization from DHS. They then go on to say the I-94 will NOT have the DHS EAD stamp and that they will generally NOT have an EAD of any kind. Then they list those classes of aliens who meet this criteria: and listed amongst many others is: K-1 Fiance(e) of US citizen The DS-230 implies that a number will be assigned, and will be work authorized, and will be sent within 2 weeks of arrival in the US and will be sent to the permenent address listed. But, upon arriving here, within the first several days, give your local SSA office a call and see if the number has in fact been assigned. It might not be assigned yet, in which case you go to your local office with her, she presents her birth certificate, with translation of course, and passport, with translation of info page, and she will get a number. This is where you may have to request a supervisor. Fill out form SS-5, but don't get upset if they don't take it. They have a lot more information in their computers than you might be comfortable with. They won't generate a number on the spot, those are generated from some other central location. She'll get a phone number to call in a day or two to get the new number, and the local office will give her a receipt that she can show to an employer who needs "documentation" i.e. the actual SSN card while she waits for the actual card to show up, in about 2 weeks. You will need to ask for an EAD for any K-2's that might accompany your Honey. You will do that at your local USCIS office. You might want to start this right away if you have a new step-teenager, so as to be prepared when and if (s)he wishes to get a part-time job. ---- David & Natalia Republic of Texas/Moscow, Russia 16th World Spacemodeling Championships
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