HELP ME ON EM-00156

[JhunnieE]

Please help me how to obtain the form EM-00156....I need this for my wife's SSN. Anyone here, went thru SS with a K3 or K1 Visa? EM-00156 states that a K1 holder does not need EAD to get an SSN.

Salamat.

[Dave H]

... in response to HELP ME ON EM-00156, posted by JhunnieE on Apr 18, 2002

Hi Jhunnie,

I copied the form from Mag-Anak, as Ray had mentioned. My wife (fiancee) came on a K-1 Visa. Make sure you mention to the SS personnel that your wife is work authorized and show them the memo. Our clerk seemed puzzled, looked up the memo, then proceeded to process her application.

Dave H.

[JhunnieE]

... in response to EM-00154, posted by Dave H on Apr 18, 2002

Thank you for your reply....

my wife came here with a K3 visa. her I-94 does not have a stamp "Employment Authorized".....would that EM-00154 applicable to K3?

Thank you.

[Dave H]

... in response to Re: EM-00154  FOR K3 VISA?, posted by JhunnieE on Apr 18, 2002

Hi Jhunnie,

I see that the memo doesn't mention K-3 Visas. The I-94 should be proof enough that your wife is work authorized as with a K-1 Visa. My wife's I-94 didn't have an "Employment Authorized" stamp either. Depending on the SS employee, it may go smoothly or require talking to a supervisor. My wife's first card was lost in the mail. We had to go back and reapply. The first time it went smoothly. The second time I was arguing with everyone until I reached the supervisor's boss, who said there was no problem.

Good Luck!

Dave H.

[JhunnieE]

... in response to Good Question!, posted by Dave H on Apr 18, 2002

Just a thought: How different is K1 from K3?...I know some obvious difference, BUT why is it that K1's are authorized to work while the K3's, which are the wives of an American Citizen, are not authorized even temporarily?......

I asked the SS officer yesterday and she could not even give me a clear explanation. She told me that it does not make sense to her either.

Do you guys get it?

Thank you.

[Ray]

... in response to How Different is K1 from K3?, posted by JhunnieE on Apr 19, 2002

J,

Your wife can work but she’ll probably need an EAD from the INS. K-1 recipients can work without a permit for the term of their visa (3 months) and then they need the EAD also. The memo in question was written before the K-3 category was even passed into law, so that’s why the memo doesn’t mention K-3’s. The SSA can only follow the policies given them by the INS re. visa holders.

This is from the INS Web site:

Will I Get a Work Permit?
Persons in K-3 or K-4 status and applicants for adjustment to permanent resident status from K-3 or K-4 are eligible to apply for a work permit while their cases (Form I-130 or Form I-485) are pending. You should use INS Form I-765 (Application for Employment Authorization) to apply for a work permit. If you are in K-3/K-4 status, you must submit the application by mailing a Form I-765 along with the $100 application fee to:
U.S. Immigration and Naturalization Service
P.O. Box 7218
Chicago, IL 60680-7218
You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently. Please see How Do I Get a Work Permit? for more information.

http://www.ins.usdoj.gov/graphics/howdoi/hdiknonimm.htm

Why aren’t you busy with your second honeymoon??? :-)

Ray

[JhunnieE]

... in response to They ARE authorized to work!, posted by Ray on Apr 19, 2002

Thanks Ray.

I just thought may be the INS had issued a memo same as for K1's but was not able to update the website or something....I was just trying to avoid the $120 fee for EAD if she could get a work permit.....she should have her I-130 straightened soon...i hope.

btw, yeah we ARE still on our 2nd honeymoon....hehehehe...I just wanted to make sure that this honeymoon lasts forever...you know what i'm saying?

[Dave H]

... in response to How Different is K1 from K3?, posted by JhunnieE on Apr 19, 2002

Hi Jhunnie,

At the very least, I would think that the K-3 and K-1 would be treated the same. It seems that the SS Administration has not been brought up to date by the INS. Maybe there is a memo on the INS website. My wife's I-94 was stamped in her passport.

Dave H.

[JhunnieE]

... in response to Good Question!, posted by Dave H on Apr 18, 2002

n/t

[Dave H]

... in response to Good Question!, posted by Dave H on Apr 18, 2002


SOCIAL SECURITY

Asylees and Refugees

Are All Asylees Authorized to Work?

Yes. All individuals granted asylum are authorized to work based on that status. An asylee does not need to show an employment authorization document as proof of employment authorization when applying for an SSN card. However, some asylees may have those documents and provide them as evidence supporting their SSN card application.

The Immigration and Naturalization Service (INS) now considers aliens granted asylum to have permanent employment authorization and requests that we treat them as permanent resident aliens. This means that when an individual granted asylum submits appropriate documentation with an SS-5, we will issue an unrestricted SSN card.

Like refugees, asylees are eligible for assistance and services from the Office of Refugee Resettlement for a limited period of time starting with the date asylum is granted. Because asylees need to be enrolled in certain programs within 31 days of the date they are granted asylum, it is important that SSA assign them SSNs and issue their SSN cards quickly.

The Executive Office for Immigration Review (EOIR), a separate office from INS, also processes requests for asylum and may grant asylum.

NOTE: This does not apply to an individual who has applied for asylum or who has been recommended for asylum.

What Document Does an Asylee Need to Show to Get an SSN Card?

When an asylee applies for an original or replacement SSN card, accept as proof of alien status any of the following:

An I-94 with a stamp showing the individual is granted asylum under section 208 of the Immigration and Nationality Act (INA). NOTE: Some I-94s issued to asylees are stamped or annotated "EMPLOYMENT AUTHORIZED," and some are not. An individual who has been granted asylum does not need an annotation on the I-94 or an employment authorization document to be issued an SSN card for work purposes.

An employment authorization document (either Form I-688B showing "274A.12(a)(5)" on the face of the card under Provision of Law or Form I-766 showing "A5" on the face of the card under Category); or

An order of an Immigration Judge granting asylum under the INA. The document must be the original decision (not a copy) printed on paper stock bearing the letterhead "United States Department of Justice, Executive Office for Immigration Review, Immigration Court" and show the city where the immigration court is located.

[Ray]

... in response to HELP ME ON EM-00156, posted by JhunnieE on Apr 18, 2002

J,

There's an emergency message EM-00154 that covers the K-1 visa holders, if that's the one you are thinking of.

http://www.mag-anak-photos.com/forms/em00154.pdf

Ray