Social Security Application Process

[Fettman 0]

Does the initial application have to happen before the wedding? I know I should wait two weeks after her arrival to apply, however, our wedding will occur about one week after that. It seems silly to apply and then have to go back and get her name changed on the card, but if that is the case then silliness it is.

Also, what did you all use for your form of other identification when applying, i.e. identification besides the passport?

Thanks!

- Steven

[payxibka 10,045]

Does the initial application have to happen before the wedding? I know I should wait two weeks after her arrival to apply, however, our wedding will occur about one week after that. It seems silly to apply and then have to go back and get her name changed on the card, but if that is the case then silliness it is.

Also, what did you all use for your form of other identification when applying, i.e. identification besides the passport?

Thanks!

- Steven

If you apply before and the card is issued in her current name, you can wait until greencard is issued to change the name, because you are going back to the SSA anyways.

Passport, K-1 visa & I-94 is all we had to provide.

[akdiver 3]

Does the initial application have to happen before the wedding? I know I should wait two weeks after her arrival to apply, however, our wedding will occur about one week after that. It seems silly to apply and then have to go back and get her name changed on the card, but if that is the case then silliness it is.

No. She can apply for an SSN whenever she wants, or not at all.

My wife (fiance at the time) applied for one the day after she arrived here. No problems.

As for ID used - she used her passport and the state ID card that she got at the previous stop.

Edited September 4, 2008 by akdiver

[payxibka 10,045]

No. She can apply for an SSN whenever she wants, or not at all.

Almost, A K-1 needs to apply sometime between day 1 and day 76 of entry or wait until EAD or greencard...

[akdiver 3]

Almost, A K-1 needs to apply sometime between day 1 and day 76 of entry or wait until EAD or greencard...

Almost, A K-1 may apply any time between day 76 and EAD. However, being approved is a different matter entirely.

[Turboguy 6]

I have gone through this twice. Yes, you can apply the day she arrives but she won't be in the system and they have to hold the application until she is in the system. If the crew at your local SS office is as on the ball as our local office it is not worth it. Wait the two weeks until she is in the system.

My wife came in through JFK and got the EAD stamp on her I-94 which saved a lot of confusion at the SS office. A K-1 visa holder automatically has EAD but without the stamp it is a harder sell. With my first Fiancee I printed out the SS letter ruling covering this but still it was not easy going. If you don't do it before day 76 then you have to wait until she gets her EAD as part of the AOS process. She is out of status and not eligable to apply for a SS number at that stage. In our case we were not allowed to do a name change until after the EAD. We had the number but could not convert it to her married name, really stupid.

Yes, with a quick marriage you would save a trip to the office for a name change. There could be a small risk of some issues of a different name than on the I-94 but I doubt it would come up.

My experiences with the SS office left me underimpressed. I think we had about 10 trips getting everything done including about 4 or 5 where they lost all the paperwork. With one or two of those they called us to come in and when we got there could not find any records of anything and we had to start over.

[Brad and Vika 129]

Good information here It looks like application after marraige, but before day 76 (for a K-1 holder) solves both problems?

[Fettman 0]

Good information here It looks like application after marraige, but before day 76 (for a K-1 holder) solves both problems?

Yes, thanks for all the responses and advice, it also sounds to me that I can wait until after our marriage to avoid having to do the name change thing.

[tanyaru 3]

Good information here It looks like application after marraige, but before day 76 (for a K-1 holder) solves both problems?

Yes, thanks for all the responses and advice, it also sounds to me that I can wait until after our marriage to avoid having to do the name change thing.

That is if you are not planning to work before EAD. You can only apply for SSN before getting married becouse once you do you are no longer a fiancee of USC so your visa is done and you can only apply as wife with EAD.

[payxibka 10,045]

That is if you are not planning to work before EAD. You can only apply for SSN before getting married becouse once you do you are no longer a fiancee of USC so your visa is done and you can only apply as wife with EAD.

This is wrong. What matters is your immigration status as granted to you upon admittance to the USA, not your marital status that may have changed post admittance. Once you are admitted on K-1 status you remain K-1 status until you adjust your status (with an I-485 application)...

Do you happen to work for the SSA? Because this is the same information that they try to say, but when shown the rules they are proved wrong time and time again.

Edited September 5, 2008 by fwaguy

[Brad and Vika 129]

That is if you are not planning to work before EAD. You can only apply for SSN before getting married becouse once you do you are no longer a fiancee of USC so your visa is done and you can only apply as wife with EAD.

This is wrong. What matters is your immigration status as granted to you upon admittance to the USA, not your marital status that may have changed post admittance. Once you are admitted on K-1 status you remain K-1 status until you adjust your status (with an I-485 application)...

Do you happen to work for the SSA? Because this is the same information that they try to say, but when shown the rules they are proved wrong time and time again.

OK then, to clarify, if a K-1 holder applies after marriage, but before day 76, the name is correct and she can work?

[payxibka 10,045]

That is if you are not planning to work before EAD. You can only apply for SSN before getting married becouse once you do you are no longer a fiancee of USC so your visa is done and you can only apply as wife with EAD.

This is wrong. What matters is your immigration status as granted to you upon admittance to the USA, not your marital status that may have changed post admittance. Once you are admitted on K-1 status you remain K-1 status until you adjust your status (with an I-485 application)...

Do you happen to work for the SSA? Because this is the same information that they try to say, but when shown the rules they are proved wrong time and time again.

OK then, to clarify, if a K-1 holder applies after marriage, but before day 76, the name is correct and she can work?

They are eligible to apply for a SSN..... SSN by itself is not work authorization.

[akdiver 3]

OK then, to clarify, if a K-1 holder applies after marriage, but before day 76, the name is correct and she can work?

Yes. However, she may run into some issues. My understanding is as follows:

1). A K-1 can work the moment she steps into the country, with or without a stamp in her passport. However, this right expires 90 days after she enters the country.

2). The social security card she will get when she applies based on her K-1 visa will be stamped "valid only with DHS authorization". May employers believe this means she must have an EAD card. This is not correct. The K-1 visa itself gives her the authorization, but almost no employer will accept it as such. Odds are good that even with the social security card, she will be out of luck with most employers until she gets the EAD.

3). She can't apply for an EAD until you apply for AOS.

4). It is very likely that EAD will take 60 days or more to receive after applying. By law, they have to issue it within 90 days, otherwise you can go to your local USCIS pitstop and demand the passport stamp.

So, all things considered, although a K-1 CAN work with just an SSN, the odds of actually being able to are low and he situation will not get any better until 60-90 days after you apply for AOS. This is one reason why it is advantageous to get married as soon as possible after she enters the country. The sooner she does that, the sooner she can apply for AOS and EAD and the sooner she can get her ### to work.

FWIW, she can apply for the SSN the day she arrives. Even if she is not "in the system" they will put in the info and wait for verification and your card will show up in the mail in a week or two. That's what we did - it worked out fine. I don't see any advantage at all to waiting, for the purpose of getting into the system or avoiding the name change issue. Going back for the name change issue is really no more complicated from the office point of view than going in there the first time with a marriage certificate. It's a fairly routine transaction, changing one's name at the social security office. If you're concerned about getting her to work as soon as possible, better to get in there as soon as possible.

FWIW, my sweetie wanted to work as soon as possible, but didn't bother seriously looking for a job until she was notified that EAD was on the way. Then she took a job within a week, and found a really good job in about a month. Prior to this, she volunteered in the local library for 25 hours/week or so, just to get out and about, give her something to do, and start building a local reference for when she did apply for jobs.

Edited September 5, 2008 by akdiver

[payxibka 10,045]

3). She can't apply for an EAD until you apply for AOS.

Yes you can... It is under class A 6 instead of C 9

K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent--( a)(6 ). File your EAD application if you are filing within 90 days from the date of entry.

This EAD cannot be renewed. Any EAD application other than for a replacement must be based on your pending application for adjustment under ( c)( 9).

[akdiver 3]

Yes you can... It is under class A 6 instead of C 9

K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent--( a)(6 ). File your EAD application if you are filing within 90 days from the date of entry.This EAD cannot be renewed. Any EAD application other than for a replacement must be based on your pending application for adjustment under ( c)( 9).

Yes, but it will expire after being in the country for 90 days (same as your K-1 visa). Given that it takes some 60 days to issue, even if you apply the day you get here, it will only be useful to you for about 30 days or so. At which time, you'll have to quit whatever job you may have found - unless you apply for AOS and associated EAD and receive that second EAD before then. Given the time lines, delays and costs, it's not worth the bother.