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Filed: Country: Turkey
Timeline
Posted

My fiance entered the United States in April under a K1 Visa. We were legally married today (well today is when all the paperwork was turned in). We were planning on applying for her SSN today to get her married name on it... and so she could work but apparently because we're now married her K1 status is gone and now we have to apply and wait for her EAD which could take 4-6 months? I guess I misunderstood all of this when I was reading about it.

Please tell me I'm wrong and she'll be able to work and get a SSN prior to the EAD. She's dying of boredom sitting at home all day now while I'm at work.

Posted

You can apply for a SSN as long as the I-94 stamp is still valid and is not within 2 weeks from expiring. A SSN will unfortunately not be able to get her a job though as you do have to wait for the EAD to come through. The EAD can take up to 90 days to come through, mine took 77 days. If after 90 days has passed and she does not get her EAD she can apply for an interim EAD at your local USCIS office. Im afraid she is gonna be bored for a while!

LONDON TO CALIFORNIA ....

K1

May 5th 05 - K1 petition sent to CSC

August 23rd 05 - Visa Approved!!!

AOS and EAD

December 5th 05 - AOS and EAD sent

December 16th 05 - NOA's received for both AOS and EAD

December 31st 05 - Receive letter for AOS interview

February 6th 06 - AOS Interview - APPROVED

February 16th 06 - Biometrics Appointment

February 22nd 06 - EAD Approved via e mail

February 27th 06 - EAD card in mail!!!

March 6th 06 - Got a job!

March 17th 06 - Green Card Approval via e mail

March 18th 06 - 'Welcome to America' letter arrives

March 24th 06 - Green Card Arrives!

"Never believe that a few caring people can't change the world.

For indeed, that's all who ever have."

Filed: Country: Turkey
Timeline
Posted

So the fact that she's no longer my fiance but my wife isn't a problem but she won't be able to work?

Any suggestions to help her pass the time? lol Guess I better hurry up and get cable!

Also, according to this site:

https://s044a90.ssa.gov/apps10/poms.nsf/36f...b4?OpenDocument

K1 Visas are listed as: Aliens Work Authorized Without Specific INS Authorization

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.

Posted

As far as I know she can apply for ssn if her I-94 is still valid. If not then you might have to wait till she recieves her EAD. Mine took about 7 months and now i am still waiting on ssn. Things for her to do might be reading, or something along that line. Does she have a hobby?? Anything like that. Just find stuff to pass the time. I wish you the best of luck.

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Filed: Timeline
Posted
My fiance entered the United States in April under a K1 Visa. We were legally married today (well today is when all the paperwork was turned in). We were planning on applying for her SSN today to get her married name on it... and so she could work but apparently because we're now married her K1 status is gone and now we have to apply and wait for her EAD which could take 4-6 months?

Attention: Government Mumbo Jumbo Alert

At which SSA office did the geniuses tell you this? At the very least she can apply in her maiden name if she hasn't been here 76 days or more. Whether she can apply with the married name is going to depend on if the marriage certificate has her age or date of birth.

SSA will not assign an SSN or issue a card if her status has expired or is within 14 days of expiring.

K-1 status is good for 90 days, so that only gives her 76 days to be assigned an SSN and issued a card. After that time she will need an EAD or I-551 card to establish authorization to work. Before that time the I-94 showing K-1 status is the document that establishes authorizationto work for SSN purposes.

The status/documents of all aliens must be verified before SSA will assign an SSN and/or issue a card and the 14 day limit applies even if she passes the 76th day while waiting for her status to be verified.

The SSA office will try to verify her status through the SAVE system while she is in the office. If they can't, they will send a form G-845 to immigration for manual verification. This could delay the assigning of an SSN and/or issuing a card for weeks and some times months.

If the SSA office does send the G-845, suggest that she go back to the SSA office no more than once a week with your documents to (1) ask them to check SAVE again (2) ask if they sent a G-845 (3) if yes, did it come back (4) after 30 days ask if they have followed up on the G-845 by calling or sending another mark "second request."

------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203720

RM 00203.720 Verifying Immigration Documents

------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203735

RM 00203.735 Requesting Online (Primary) Verification By SAVE

-----------------------------------------------------------------------------------------------

After having waited at least 30 days and your local SSA office doesn't

seen concerned about following up on the G-845 she can try contacting

the SSA Regional Office (RO) responsible for your state:

http://www.ssa.gov/pressoffice/natlpocontacts.html

Refer them to this:

http://policy.ssa.gov/poms.nsf/lnx/0100203740

RM 00203.740 Requesting Additional (Manual) Verification By DHS

B. PROCEDURE – HOW TO REQUEST MANUAL VERIFICATION

STEP 6

DHS should respond to SSA within 15 federal work days after receiving the Form G-845. If DHS does not respond within 15 federal work days from the receipt of the G-845 from SSA, follow-up with the DHS, USCIS Immigration Status office. (Allow 15 days plus five additional federal work days of mail time for the G-845 to be received at and returned from DHS.

Follow local practice to follow-up with DHS. Some SSA offices have an arrangement with the DHS, USCIS office to telephone for the follow-up contact; other SSA offices send a copy of the original G-845 annotated “second request.”) If the DHS response is still not received within 15 federal work days after the follow-up contact (if the follow-up is by mail allow five additional federal work days of mail time for the G-845 to be received at and returned from DHS), make a second follow-up contact. If the DHS response is not received within 15 federal workdays (again, if the follow-up is by mail, allow five additional federal work days of mail time for the G-845 to be received at and returned from DHS), after two follow-ups, contact the RO. Also report to the RO any trend that shows a serious deviation by DHS from the above time frames. The RO will consult with central office.

----------------------------------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203001

RM 00203.001 Evidence Required for an SSN Card

C. POLICY - EVIDENCE FOR AN ORIGINAL OR NEW SSN

1. Work Authorized SSN Card

An alien allowed to work must provide evidence establishing age, identity and work authorized lawful alien status.

-----------------------------------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203500

RM 00203.500 Employment Authorization for Nonimmigrants

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 lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from DHS. The alien's I-94 will not have the DHS employment authorization stamp and the alien will not have an EAD.

K-1 Fiance(e) of U.S. citizen

-----------------------------------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203210

RM 00203.210 Changing Numident Data

Marriage document or marriage record to be acceptable as an identity document it must show, in addition to the new name, the person’s age or DOB or parents’ names.

a. Bride Takes Groom’s Last Name

In all 50 U.S. States (this means the 50 States, Washington, D.C., Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana Islands, and American Samoa) the bride may take her husband's last name (surname or family name) as her new last name. (EXAMPLE: Jane Doe married John Jones and she may change her name to Jane Jones.)

Interim Guidance: If the bride wants to take her husband's last name, accept the marriage document as a legal name change for the bride if the new name can be derived from the marriage document; even if the marriage document only shows each partner's first names, the bride's prior surname and husband's surname.

C. Procedure - Immigration Document as Evidence of Legal Name

When issuing immigration documents, the Department of State and DHS issue them in the person's legal name. The legal name is also generally the name in which the foreign passport was issued.

When an alien applies for an SSN card, presume the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change (e.g., marriage) that occurred after the immigration document was issued.

----------------------------------------------------------------------------------------------------------------------------

If they can verify her through SAVE with the maiden name this should stop them from sending the G-845 when applying with the married name:

http://policy.ssa.gov/poms.nsf/lnx/0100203735

RM 00203.735 Requesting Online (Primary) Verification By SAVE

E. PROCEDURE—ONLINE SAVE QUERY RESPONSE INFORMATION DOES NOT AGREE WITH IMMIGRATION DOCUMENT

1. Name

e. Applicant Has Changed His/Her Name But SAVE Query Response Shows Old Name

In some cases, the applicant may have changed his/her name after DHS issued the immigration document (e.g., he/she has married and is now using the spouse’s last name) but does not present an immigration document showing the new name. In these cases, the DHS system reflects the new name only when the person provided the name change information to DHS and requested to have his/her immigration record changed to show the new name.

When the SAVE query response shows the old name that is shown on the immigration document presented and not the new name on the identity document presented, do not consider this a name discrepancy for enumeration purposes. See RM 00203.200 when the applicant presents an identity document in the new name that is more recent than the immigration document to determine if the identity document is acceptable. Tell the applicant he/she must report the name change to DHS so that DHS can update its records.

NOTE FROM ME: Procedure tells the SSA office to tell you to report the name change to DHS, not that the application can't be processed.

  • 2 weeks later...
Filed: Country: Turkey
Timeline
Posted

My wife just got her SSN. She came over on a K1 visa but the card is noted as "Valid for work only with DHS authorization" which I believe to be a mistake. Am I correct in assuming this or did I missinterpret something?

Taken from the post below:

1. Aliens Work Authorized Without Specific DHS Authorization

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from DHS. The alien's I-94 will not have the DHS employment authorization stamp and the alien will not have an EAD.

K-1 Fiance(e) of U.S. citizen

-----------------------------------------------------------------------------------------------------------------------------

Filed: Country: Turkey
Timeline
Posted

My wife just got her SSN. She came over on a K1 visa but the card is noted as "Valid for work only with DHS authorization" which I believe to be a mistake.

She was issued the correct card. She can apply for an unrestricted card once she has an I-551 stamp or card.

How does she obtain that? I've never heard of a I-551.

Filed: Timeline
Posted

My wife just got her SSN. She came over on a K1 visa but the card is noted as "Valid for work only with DHS authorization" which I believe to be a mistake.

She was issued the correct card. She can apply for an unrestricted card once she has an I-551 stamp or card.

How does she obtain that? I've never heard of a I-551.

Because everyone calls it a Green Card.

Posted

My wife just got her SSN. She came over on a K1 visa but the card is noted as "Valid for work only with DHS authorization" which I believe to be a mistake.

She was issued the correct card. She can apply for an unrestricted card once she has an I-551 stamp or card.

How does she obtain that? I've never heard of a I-551.

Because everyone calls it a Green Card.

and it's not even green anymore

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Filed: Timeline
Posted

My wife just got her SSN. She came over on a K1 visa but the card is noted as "Valid for work only with DHS authorization" which I believe to be a mistake.

She was issued the correct card. She can apply for an unrestricted card once she has an I-551 stamp or card.

How does she obtain that? I've never heard of a I-551.

Because everyone calls it a Green Card.

and it's not even green anymore

http://www.uscis.gov/graphics/aboutus/hist...icles/green.htm

Why Isn't the Green Card Green?

Filed: K-3 Visa Country: Canada
Timeline
Posted

Hello,

I feel your wifes pain with the boredom issue. Due to me not being able to work yet my husband and I have to live with his parents which is very hard after we were both living on our own for 5 years. My husband just went back to school after being in the marines so we have almost no income until I get my EAD. So I'm kinda dealing with boredom and parents in law at the same time 24/7 :(

Here are some suggestions for filling up the time:

Join Netflix if you like movies

Possible join some kind of activity you like? I do ballroom dancing on Saturdays

Go to the library...lots of books to check out if you like reading. They also do activities like scrabble afternoons, book clubs, etc at our library

I also like to do scrapbooking. I am working on our wedding album now

Does your wife like computer games at all? I also like to play roller coaster tycoon to fill the time

Hope this helps a little and good luck on a quick EAD!

K3 Timeline

Oct. 12 2005 Applied for K3 (Day 1)

Jan. 9th 2006 Received packet 3 (Day 89)

Jan. 19th 2006 Sent back packet 3 (Day 99)

March 20th 2006 Received packet 4 (Day 159)

April 20th 2006 K3 Appointment in Montreal (Day 190)

April 21st 2006 Received K3 (Day 191)

April 22nd 2006 Arrived in Florida!!!!! (Day 192)

EAD Timeline

May 3rd 2006 Chicago receives my application (Day 1)

May 8th 2006 NOA received (Day 5)

May 22nd 2006 Biometrics appointment letter received (Day 19)

June 3rd 2006 Biometrics complete (Day 31)

June 13th 2006 EAD card received in Mail!!!!!!!!! (Day 41)

June 13th 2006 Applied for SSN (Day 41)

July 13th 2006 SSN card arrives in the mail (Day 71)

AOS Timeline

Oct. 30th 2006 Sent in our paperwork to Chicago (Day 1)

Nov. 11th 2006 NOA Received (Day 12)

Nov. 13th 2006 Touched (Day 14)

Nov. 18th 2006 Biometrics taken (Day 19)

Dec. 14th 2006 Case transferred to California (Day 45)

Dec. 31st 2006 File arrived in California (Day 62)

Jan. 20th 2007 Touched (Day 82)

May 8th 2007 Case trasnferred to National Benefits Center (Day 190)

May 16th 2007 Case arrived at National Benefits Center (Day 198)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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