Fiance is here on K-1 whats next

[Lisa and Ian 7]

Have those folks waiting for DHS confirmation gone in to the SSA office before they've been in the US for 10 days? If so, I'm not surprised they had trouble confirming their status.

We waited 2 weeks after my fiance's arrival, visited the SSA office, and they still didn't have him in the system. We had to wait a couple of weeks, then the DHS and SSA systems had interfaced and the card was ordered.

[Kathryn41 3,205]

Let's all try to keep things calm and polite here. The problem here is that everyone has their own experiences and those experiences are in conflict with each other and with the way things are supposed to work.

I hear what both sides are saying and recognize that everyone has had their own experience in going through this process. There is actually merit on both sides of this discussion. While technically you can apply for a SSN anytime up to about 2 weeks prior to the I-94 expiring, there are many VJers who have experienced problems getting a SSN after marriage. The problem isn't so much that you are not allowed to do this, rather it is because the training at most SSA offices is insufficient and many staff don't understand the immigration process so they apply a ruling without fully understanding it.

When you apply for a SSN the name is checked with immigration to verify that the individual qualifies for a SSN. This is called the SAVE system. The name that you use when entering the US is the name that is in the SAVE system. So, if you apply in your maiden name there is no problem, as long as you apply before the last 2 weeks of the I-94 date. Now, a marriage certificate is considered a legal name change document in most states (but not all) so the individual should still be able to get the SSN as they have proven their identify with the I-94 and have shown a legal name change.

Some SSA staff, however, are saying that the married name must also match, failing to recognize the marriage certificate as a legal name change document, which means that no SSN is issued until after USCIS updates the SAVE system to show the married name - which happens after the AOS or EAD is approved and the new name is in the system. Some VJers have escalated their applications for SSN to supervisory levels with the same results and have had to get Senators and Representative offices involved in order the get the SSN issued. In a number of cases, the time taken to go through all of these extra hoops because SSA staff don't know the correct process for the K-1 applicants has meant that the time frame has expired - that it has taken more than the 90 days allowed on the I-94 to get things straight and in those cases, there is now no dated legal document to prove status and the SSN are again denied. These individuals have had to wait until they received their EADs or their green cards.

So, ideally yes, you should be able to apply after marriage as long as the I-94 is still valid with more than 2weeks left on it and get the SSN. The reality is that this doesn't always happen. The easiest route is, therefore, to apply for a SSN in your maiden name about 10 days to 2 weeks after your arrival (even if you get married), get the card, and then update the name change with the marriage certificate. Yes, it involves an extra trip to SSA but it is a lot less hassle for many in the long run.

My personal opinion is that it is better to get the SSN sooner rather than later. Some VJers have found that they cannot be added to a spouse's health insurance plan without a SSN; others have had difficulty opening bank accounts, and a number of states will not issue a Driver's License unless you have a SSN. There are many good reasons to get the number early, and as we all enjoy less hassle in our lives, it makes sense to do that in the way that produces the least potential for problems.

Edited February 8, 2010 by Kathryn41

[TracyTN 237]

We waited 2 weeks after my fiance's arrival, visited the SSA office, and they still didn't have him in the system. We had to wait a couple of weeks, then the DHS and SSA systems had interfaced and the card was ordered.

Which is why I said later in that post that you can have them submit a manual verification. The SSN guide here on VJ also mentions that.

Clearly the system is not perfect and one size does not fit all; but there is no SSA rule that says K1ers cannot get an SSN prior to marriage. You simply have to make them do their jobs - or be content to wait until you have either EAD or your GC from DHS (although waiting that long sometimes presents its own set of problems, as Kathryn mentions).

[MRStee 19]

We applied for my hubby's SS # 2 wks and 2 days after his arrival.

Received it a week and a half later. "Valid for work only with DHS authorization"

We got married on 12/26

I changed my name on my SS # 2 wks after marriage...

No problems

[heis 0]

Ma'am/sir:

What am I supposed to do if my I-94 is invalid? But I am married already and not yet applying for AOS.

Pleae answer me...am now here in GA! Some problems came out so I ned advice!

Thnks GBU

[Rebecca Jo 1,962]

Really - nothing has changed at all in the last six years (or more) as regards the timing and method for K1 to obtain a Social Security number.

There's always been SS employees who don't know the rules. Probably always will be.

And there's always been Vj members who give bad advice. Probably always will be.

And........there SHOULD be Vj members who (when they do make a mistake) own it publicly, and learn from it.

And so it goes.