A Fiance Visa holder may apply for a US Social Security Card after (1) entering the United States on a K-1 Fiance Visa and (2) marrying the Petitioning US Citizen.
Social Security Administration (SSA) recognizes a K-1 I-94 as a valid lawful entry record that permits employment. However, specifically for K-1s, the best time to apply is about 2 weeks after entry into the US as this would allow the government “SAVE” system to be up-to-date at your SSA Visit. Moreover, specifically for K-1s, the I-94 expires after 90 days of entry and SSA will refuse to accept the I-94 if it expires within 14 days.
So, there is a 60-day period out of the 90-day fiance visa period that is the time to file for a Social Security Card as a K-1 Visa Holder:
The answer to this common question can be a little complicated.
In short, No, a social security card does NOT in of itself allow employment.
A K-1 Visa Holder is able to work after USCIS issues an Employment Authorization Document (EAD Card). The Social Security Card issued on a K1 Visa (and an accompanying marriage certificate) will state that DHS Authorization is required. DHS authorizes employment in the I-765 Employment Authorization Application.
Although a K1 can apply for Employment Authorization prior to Adjustment of Status, an Employment Authorization Document under the K1 Visa or A6 Category would be valid for a few weeks and would expire on the 90th day of the K1 Validity Period. This A6 filing would cost a few hundred dollars and generally is never pursued.
Frequently, a K1 would apply for Employment Authorization under adjustment of Status or C9 Category. This application is a little slow to process, but is free with an I-485 Green Card Application and is valid for 2 years once approved.
Yes, the marriage certificate is not in the above list of required documents. However, if you wish to change your name to the married name, a marriage would be required. It is common to change your last name after marriage in the United States.
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The post How can a K1 Visa Holder get a US Social Security Card? appeared first on Fickey Martinez Law Firm.
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