Question

[zack]

I am planning to surprize my fiance this Christmas by informing her that we are going to Hawaii in early February. We are getting married in mid December. Her fiance visa expires on January 6th. My question is this:

A US Government-issued photo ID is required to board a US airline. In early February, my wife-to-be will have an expired fiance visa but a marriage license and several Colombia IDs. Perhaps we will bring proof that the forms have been mailed. Is this enough ID to board the plane? One would think that they would be understanding and not so "by the book" in there thinking but I have heard horror stories of people not being able to board a plane because their drivers license expired.

I did some research and found that after we marry she can have a social security number in 10 days and a US Government ID several days later. A drivers license will take longer. If what they say is true I then we shouldn't have a problem but I want to hear the opinions of some of you here who have been through this.

Thanks in advance,

Zack

[Jeff S]

A Colombian passport will work as an ID. There's no immigration status proof requirements to fly within the US.

- Jeff

[zack]

My travel agent said that a US Government-issued photo ID is required to board a US airline, one that hasn't expired. Maybe she doesn't know what she's talking about.

[Ray]

Zack,

I don’t see why they wouldn’t accept a valid passport as I.D., but I would check with the airlines to be sure.

Assuming that your fiancée arrived here in early November(?), she could have applied for a Social Security Card right after her arrival. Why don’t you take her to any SS office and help her apply now? She can have the card modified later after you are married. She has about 75 days to apply for the SS Card after arrival as a K-1 and then after that she will need to wait until she either gets her Green Card or a work permit.

I don’t know which “US Government ID” you are talking about when you say she can get that several days later unless you are talking about a state issued ID card. After you are married and she files the AOS petition, she can also apply for a work permit (no additional fee) with Form I-765. That will give her an official government picture ID card, allow her to work, and also double as evidence of her legal immigration status. The I-765 work authorization may take about 60-90 days to process.

Ray

[Ray]

Zack, here's a question to ask your travel agent.

How do foreign tourists, businesspeople, etc, board connecting flights or travel between US cities when they arrive here?

I can't believe that they would be required to apply for and receive a US government issued picture ID card before boarding their connecting flight.   

[zack]

Ray,

I'm really starting to question this travel agent. She told me that she called American Airlines herself and they didn't know the answer to that question (?) I'll just call them myself. The point you bring up is a good one and I'll ask her that.

Regarding her SS#, I visited the social security department twice and they said that she cannot apply for a SS number until we are married. That's why she hasn't applied for it yet. I believe that the "Governmant ID card" is a state issued ID card.

I'm just going to go ahead and book the vacation for early February. I highly doubt we will have problems.

Thanks for your input.

Zack

[michaelb]

This is from the SS web site. Print it out out.

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_faqid=576

Now go back to the SS office and show it to the idiot in the window idiot who doesn't know their his job. If he persists in being an idiot, demand a supervisor.

[william3rd]

an unexpired foreign passport IS a government issued ID-just not our government. Valid for identification of the party carrying it, though.

[Ray]

Regarding her SS#, I visited the social security department twice and they said that she cannot apply for a SS number until we are married.

Zack,

Unfortunately, the Social Security offices are manned by idiots that don't know their own policy. It is actually quite common for K-1 fiancees to be told they aren't eligible for a SS card.

You should demand to speak with a stupidvisor and you should bring copies of their policy to refresh their memory.

A K-1 DOES NOT have to be married and DOES NOT require work authorization (EAD Card) from DHS to apply for a SS Card and to work legally during the first 90 days after arrival.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500#c1

Ray

[zack]

Ray, Michealb, William 3rd,

Thanks for your help. I hate when someone acts like they know what they're talking about when they don't- ie my travel agent and those at the SS office. If one isn't sure about something just say it! One will appear more intelligent admitting that he doesn't know something than to lead someone down the wrong path with untrue information.

Zack

[william3rd]

Glad to answer your ID question. Good luck.

Make sure that the plane ticket matches the name on the international passport exactly.

[drm64]

Zack,

I had the same question when taking my wife to Las Vegas last month. We are married but she is here on her expired K-1. Her change to permanent resident is in the works but I didn't want any trouble at he airport either. I asked our lawyer about taking our latest docs with us. She said it wasn't necessary. She said all airport staff is going to look at is does the name and picture on the visa match the name on the airline ticket. We had no problems.

[Gator]

She can fly on her passport for ID.  My wife uses her Colombian cédula and/or passport all the time in the USA even though she has a US Passport-some kind of national pride I guess. never had a problem-that what all foreign visitors do.

The Social Security Manual of Operations states that a K-1 visa holder is a "legal alien not authorized to work". The only really acceptable documentation remains the EAD card, regardless of the 'Employment Authorized' stamp received at the port of entry.Technically, the K-1 Visa is a nonimmigrant visa. If the K-1 Visa holder does not marry the U.S. citizen in 90 days, he or she must leave the U.S., negating the need for a Social Security Number. Therefore, prior to marriage within the 90 day period, the INS and Social Security Administration do not know whether the K-1 Visa holder will in fact marry and become an alien with an immigrant intent. After marriage does take place, the Adjustment of Status process I (AOS) includes requesting an Employment Authorization Document (EAD) which then becomes the action point for obtaining the Social Security number.

[Ray]

The Social Security Manual of Operations states that a K-1 visa holder is a "legal alien not authorized to work". The only really acceptable documentation remains the EAD card, regardless of the 'Employment Authorized' stamp received at the port of entry.Technically, the K-1 Visa is a nonimmigrant visa. If the K-1 Visa holder does not marry the U.S. citizen in 90 days, he or she must leave the U.S., negating the need for a Social Security Number. Therefore, prior to marriage within the 90 day period, the INS and Social Security Administration do not know whether the K-1 Visa holder will in fact marry and become an alien with an immigrant intent. After marriage does take place, the Adjustment of Status process I (AOS) includes requesting an Employment Authorization Document (EAD) which then becomes the action point for obtaining the Social Security number.

Gator,

If you would have clicked the link in my post above, you could have read that the Social Security Policy Operations Manual states that a K-1 fiancée indeed IS authorized to work without any EAD. Note that K-2, K-3, and K-4 are NOT authorized to work without an EAD Card.

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 DHS Authorization
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.
.
.
.
K-1   Fiancé(e) of U.S. citizen

It doesn’t matter if the fiancée marries or stays in the U.S. or not. Immigration law clearly authorizes the K-1 class to work during the valid period of their visa (90 days).

Practically speaking, if the government did require a K-1 to obtain an EAD card before obtaining an SS Card and gaining legal employment, the time lag in obtaining the EAD (typically 60-90 days?) would effective deny them the opportunity to work as the law authorizes them to do. Therefore, the requirement for K-1's to obtain an EAD before obtaining an SS Card was waived.

Also, if a K-1 does apply for and obtain an EAD Card during the 90-day effective period of their visa, subsequently marries and applies for adjustment of status, the EAD would expire at the end of the 90-day period and they would have to apply for a new EAD based on their new status (awaiting adjustment processing).

Also note that the K-1 fiancée is only authorized to work without an EAD during the first 90 days of arrival and the SS Card issued to a K-1 should reflect the fact that Homeland Security work authorization is required after the 90-day visa validity period but can be readily updated to a new card after the fiancée shows a valid EAD and proof of marriage for the name change.

Also, because of the requirement for SSA to validate the alien's status with DHS, they may not process a K-1 for an SS Card during the last 15 days or so of the 90-day validity.

Ray

[william3rd]

Ray is right. . . . . .

It is not the issuance of the SS card that controls.

[utopiacowboy]

My question to Ray would be if a K-1 seeks employment without an EAD how do they show that they are authorized to work in the US? Do you know of any K-1s who were able to work without an EAD? I think you are correct insofar as the law is concerned. As a practical matter however I doubt that many K-1s are able to get work without an EAD. I had read that the only POE that would give a work authorization to an entering K-1 was JFK but that they have since discontinued this practice.

[Ray]

Good question cowboy.

I don’t have any recent info on that, but some members here have reported that their fiancée was able to work while under K-1 status before they married. I think Dave H was one of those if I remember correctly. I think early employment before AOS is not an issue with the vast majority of fiancées so the problem doesn’t come up all that often.

I have also heard of other fiancées who were able to obtain a SS Card but had some problems convincing a prospective employer that they were eligible to work. The Social Security Card for a fiancée usually has the notation “VALID FOR WORK ONLY WITH DHS AUTHORIZATION”. With the SS Card, a valid passport, and an unexpired I-94 indicating K-1 status, the fiancée is authorized to work by CIS but that fact is not known by many employers. Form I-9, which you complete at the time of hire, is a little vague on the document requirements for a K-1.

I think larger employers tend to be much more knowledgeable of immigration work policies than most small employers. The smaller employers often don’t know the law, just as many SSA employees aren’t aware of the law on K-1 work authorization.

Some fiancées have reported that their local CIS office was able to issue them a temporary EAD card at no charge, with expiration coincident with the end of their 90-day status period, so they could work. If an employer is hesitant to hire a fiancée without an EAD Card, I would recommend making an InfoPass appointment with your local CIS office to ask for a temporary EAD so you can work

The other problem to consider is the “gray” area between the end of the 90-day visa validity and the issue of an EAD Card. Again, many larger employers may accept an application receipt for the I-765 EAD application until the Card is issued so the employee can continue working without interruption.

The EAD application often takes 90 days or more to process. It was nice in the old days when you could get an EAD the same day by filing in person at your local immigration office. If you don’t get an approval (or disapproval) within 90 days of application receipt, the local CIS office can issue you a temporary card.

I guess the bottom line is that a fiancée who is persistent and willing to spend the time and energy to fight their way through the red tape can find a way to work legally before adjusting status.

Ray

[william3rd]

FYI- we have been seeing C9 EAD about 30-40 days after filing at the lockbox.

Also FYI- it is unlawful to refuse to hire someone based on the pending termination of their work authorization. Enforcement? Isnt usually an issue because it is never clear cut and seldom reported. Remedies- not too much.

[Ray]

William,

30-40 days is a good improvement, but still that's about 40-60 days you are effectively denied the right to work.

If you are eligible for a driver's license, it's funny how the California DMV can issue an interim license in an hour or so and they don't charge anywhere near the $340 CIS filing fee for an EAD. Why can't CIS figure it out? Every time CIS dreams up some new procedure to "streamline" the process, it just means higher fees and longer processing times.

Do you know how long a6 category is taking to process? CSC processing time shows 11 weeks.

[william3rd]

havent been following a6. All my cases have been c9 AOS. The new AOS filing fee is inclusive for EAD and AP so we will just have to see.