... in response to Travel Girl, posted by Michael B on Nov 20, 2005Michael,
You are correct that the article contained erroneous information about obtaining an SSN while here on a K-1 visa. It is a common misconception that you can’t work on a K-1 visa and a big part of the reason is ignorance of their own policy on the part of many SSA employees.
The law specifically allows a K-1 visa holder to work and they are eligible for a restricted SS Card if they apply within 75 days or so of arrival. Even though the SS Card will say that it’s valid for work only with DHS authorization like Chris F pointed out, the work authorization is automatically implied for K-1 (not K-2, K-3, or K-4) visa holders during the first 90 days of their stay. After 90 days, they will need to apply for an EAD Card (I-765) as part of their Adjustment of Status.
Another problem is that many employers are not aware of the implied work authorization for K-1 holders, and they may be reluctant to hire them. I have heard of some K-1 visa holders who were issued temporary EAD Cards, valid for the first 90 days, at their local CIS office at no charge.
I would recommend that all K-1 visa holders apply for an SS Card within the first week or so of arrival if they have any intention of working. They will need to have a new SS Card issued after the marriage, but it’s a fairly simple process and unlike immigration services, it’s free.
Ray