K1 - SSN - AOS Timing

[albopower 0]

Hi All,

My wife entered the U.S. with K1 VISA on April 4, 2010. Her i-94 was stamped valid until July 4, 2010. We applied for her social security in her maiden name in the middle of April. We received the SS card in the mail, in her maiden name, near the end of April. We got married May 1, 2010. We received our marriage certificate from NY State on May 25, 2010. On May 28, 2010 I went back to the SS office with my wife to change her name to her married name.

A few days ago we receive a note from the SS office that they can NOT issue her an SS card in her married name because her i-94 is now expired. I guess it took them forever to process her name change application and now its too close to her i-94 expiration date to issue a new SS. I went down to the SS office with her today and they said I have to go to NY City - 20 Federal Plaza to get her VISA extended, then I can get her name updated. (The SS employee there also accused her of being illegal- great).

I have been following the K1 Process Flowchart on this site throughout my whole process. Everything has gone very smoothly. I was waiting for her SS number to be established in her married name prior to submitted our AOS application.

What should I do? Can I submit the AOS forms now and all this SS nonsense will be straightened out?

Thanks for any help.

[moroccogirlny 100]

Hi All,

My wife entered the U.S. with K1 VISA on April 4, 2010. Her i-94 was stamped valid until July 4, 2010. We applied for her social security in her maiden name in the middle of April. We received the SS card in the mail, in her maiden name, near the end of April. We got married May 1, 2010. We received our marriage certificate from NY State on May 25, 2010. On May 28, 2010 I went back to the SS office with my wife to change her name to her married name.

A few days ago we receive a note from the SS office that they can NOT issue her an SS card in her married name because her i-94 is now expired. I guess it took them forever to process her name change application and now its too close to her i-94 expiration date to issue a new SS. I went down to the SS office with her today and they said I have to go to NY City - 20 Federal Plaza to get her VISA extended, then I can get her name updated. (The SS employee there also accused her of being illegal- great).

I have been following the K1 Process Flowchart on this site throughout my whole process. Everything has gone very smoothly. I was waiting for her SS number to be established in her married name prior to submitted our AOS application.

What should I do? Can I submit the AOS forms now and all this SS nonsense will be straightened out?

Thanks for any help.

You can submit the AOS forms, you will not have any problem. Just be sure to list her married name on the AOS. Once she gets her GC you can go to SS and have the name changed.

[Gary and Alla 3,694]

Hi All,

My wife entered the U.S. with K1 VISA on April 4, 2010. Her i-94 was stamped valid until July 4, 2010. We applied for her social security in her maiden name in the middle of April. We received the SS card in the mail, in her maiden name, near the end of April. We got married May 1, 2010. We received our marriage certificate from NY State on May 25, 2010. On May 28, 2010 I went back to the SS office with my wife to change her name to her married name.

A few days ago we receive a note from the SS office that they can NOT issue her an SS card in her married name because her i-94 is now expired. I guess it took them forever to process her name change application and now its too close to her i-94 expiration date to issue a new SS. I went down to the SS office with her today and they said I have to go to NY City - 20 Federal Plaza to get her VISA extended, then I can get her name updated. (The SS employee there also accused her of being illegal- great).

I have been following the K1 Process Flowchart on this site throughout my whole process. Everything has gone very smoothly. I was waiting for her SS number to be established in her married name prior to submitted our AOS application.

What should I do? Can I submit the AOS forms now and all this SS nonsense will be straightened out?

Thanks for any help.

Wait until she has her green card or EAD , THEN change her SS card. The name on the card is of no consequence. Do not worry about it until she has her gren card or EAD. The number never changes and that is all that matters. The SS card is not needed for AOS. File the AOS in the name you want the card to be printed in (married name). SS card is not an issue.

FWIW, I LOST my SS card more than 35 years ago and have never needed it since. The name could be "santa clause" and it wouldn't matter. The NUMBER is what is important.

Edited July 20, 2010 by Gary and Alla

[albopower 0]

Thanks for the responses.

I guess I was interpreting the Flow Chart too literally. Now I even see there is a note next to the AOS step that says it can be done at anytime after she enters the country. I already have it put together. I will do a final check and drop it in the mail asap.

My question is, her K1 expired on May 24, 2010. And her i-94 expired on July 4, 2010. If I submit the AOS packet now, will the fact that her K1 and i-94 are expired introduce any delays? I will ofcourse include our marriage certificate in our AOS packet that has our date of marriage as May 1, 2010.

Thanks

-Victor