Marriage after arrival on k-1

[Chris Knouse 3]

Okay, We live in Dallas Texas and my fiance has arrived in the US ( 3 weeks now ) do we need to apply for a SSN for her and her son to get married? I have read the site and if we apply first then get married and then turn around and and apply again with the name change. Is this correct?

Anyone know?

[Dave-n-Oksana 49]

Okay, We live in Dallas Texas and my fiance has arrived in the US ( 3 weeks now ) do we need to apply for a SSN for her and her son to get married? I have read the site and if we apply first then get married and then turn around and and apply again with the name change. Is this correct?

Anyone know?

Chris,

You don't need the SSN to get married but it does come in handy when trying to add her name to Bank accounts and utilities. With her being here 3 weeks, you should still apply for her SSN so that you already have it when she gets her EAD from the AOS. Once her I-94 expires you will have to wait for that before she can start working.

Also some ESL programs require a valid SSN before you can register for the classes.

You cannot apply for a SSN for your son until he gets an EAD (If old enough to work) or his Green card, though you can apply for a Tax ID from the IRS for filing purposes.

Dave

Edited October 19, 2010 by Dave-n-Oksana

[Dave&Roza 748]

Okay, We live in Dallas Texas and my fiance has arrived in the US ( 3 weeks now ) do we need to apply for a SSN for her and her son to get married? I have read the site and if we apply first then get married and then turn around and and apply again with the name change. Is this correct?

Anyone know?

You should not need a SSN to get married. They may ask for it and if you have one you include in on the marriage license application (check your local county to make sure of the actual requirements as they vary state by state and county by county within a state too).

Since your fiancee has been in the USA for over 2 weeks I would go to yor local SSA office and apply of a SSN. Fill out the SS-5 form and bring in all required documents. See this link: http://www.ssa.gov/ssnumber/. Do not let them tell you that you must come back. If they cannot find your fiancee in the system have them check the SAVE database. If they still cannot find you fiancee and refuse to give you a SSN, ask for a supervisor. Do not let them submit an immigration verification (form G-845) with the UCIS. If they want to do that just say, "No thank you" and leave. Find another SSA office and hope they are better trained. You might want to print this document out and take it with you to prove that a K-1 is authorized for a SSN. http://www.fosterquan.com/content/documents/govt_websites/SSEmploymentAuthorizationNonimmigrants.pdf.

Good luck as dealing with the SSA is hit and miss as to whether you succeed in getting the number or not.

Dave

[baron555 934]

Okay, We live in Dallas Texas and my fiance has arrived in the US ( 3 weeks now ) do we need to apply for a SSN for her and her son to get married? I have read the site and if we apply first then get married and then turn around and and apply again with the name change. Is this correct?

Anyone know?

Her son, assumed to have come into the US on a K-2 visa, will not be eligible to obtain a SSN until he has either his EAD or GC in hand. The K-1 can apply for the SSN now and you should. I would suggest obtaining it now and redoing it later if you want to change names.

[JoannaV 174]

States vary. Virginia does not require SSN to marry. Some states do require it but you can fill in a form to waive that requirement. (ie if you don't have it you don't need it.) Others, and I think Texas is one of them, DO require an SSN. Doesn't make much sense to me, but that seems to be the case.

You should be able to apply for an SSN after 3 weeks, so go down and try. It may take a couple of weeks to receive. Then you will still have time to get married before she has been here 90 days.

[Gary and Alla 3,694]

Yes and no. You do not need an SSN to get a marriage license. SOME states and jurisdictions USED to require it but that was negated by court order in 2008. You SHOULD have had a SSN in her hand 2 weeks ago. She needs it for lots of other things. Get it. IF she changes her name after marriage, then file for the GREEN CARD in that name. AFTER she has the GREEN CARD go back to SS and change her name. There is no new application and the number will never change. There is no hurry in changing the name, do it when you want after she has her green card.

[slim 1,525]

Go apply now. Get married in a few weeks. A few weeks after that, apply for name change. Send in your AOS app. Done.

[norrin 3]

I live in Spring, TX near Houston, and no here you don't need a SS# they just want ID and for you to sign an affidavit saying you are free to marry and are not doing it under duress small one page form you both sign. I would apply for SS# right away and later after you are married go with your Marriage certificate and get the name changed. DO NOT wait until your I-94 expires or they won't let you do anything until you get the greencard. Later you will also have to go back and get the "work with DHS authorization.." removed. SS# is good to have for many reasons (Bank accounts, Drivers License needs two forms of ID, credit cards, working when you get the EAD,).

[1HappyGuy 45]

I agree with the others. Apply for SSN now and don't worry about a need to get married with SSN. I can tell you that it is much smoother AOS if you already have a SSN for your wife. In this country, you do not exist unless you have that number.

[slim 1,525]

In this country, you do not exist unless you have that number.

Pretty soon you won't exist unless you have the RFID chip in your wrist.

[Turboguy 6]

My view on this is that it is really important to get the social security number now and before you get married. Once she has been here a few weeks and gets in the system she is eligible for the SS # and can get one with little problem. Where you can get into serious problems by waiting is when you apply for AOS they really like to see comingling of finances, things like a joint checking account for one. You can not get a joint checking account without the Social Security number. Where the catch 22 comes in is that AOS will be more complicated without the SS number and once she goes out of status she can't get the SS number until after she gets the AOS.

Make it easy on yourself and get it now.

[ryna 132]

My view on this is that it is really important to get the social security number now and before you get married. Once she has been here a few weeks and gets in the system she is eligible for the SS # and can get one with little problem. Where you can get into serious problems by waiting is when you apply for AOS they really like to see comingling of finances, things like a joint checking account for one. You can not get a joint checking account without the Social Security number. Where the catch 22 comes in is that AOS will be more complicated without the SS number and once she goes out of status she can't get the SS number until after she gets the AOS.

Make it easy on yourself and get it now.

Correct me if I am wrong, but I thought that was at the Removal of Conditions (ROC) phase? You can AOS as early as the day you arrive (as long as you get married and have the certified marriage license to send) and not many people have co-mingled much of anything at that point.. But, I agree, the sooner, the better for getting the SS#.

[Turboguy 6]

Correct me if I am wrong, but I thought that was at the Removal of Conditions (ROC) phase? You can AOS as early as the day you arrive (as long as you get married and have the certified marriage license to send) and not many people have co-mingled much of anything at that point.. But, I agree, the sooner, the better for getting the SS#.

You are correct that you probably won't get the removal of conditions without proof of comingling of funds but they still like to see as much as possible at AOS. I am sure they would not turn down an AOS application that didn't have a joint checking account but it will definately be a plus.

[baron555 934]

You are correct that you probably won't get the removal of conditions without proof of comingling of funds but they still like to see as much as possible at AOS. I am sure they would not turn down an AOS application that didn't have a joint checking account but it will definately be a plus.

We didn't send in any front-end loading with our AOS documents, had generated tons of comingling documentation and never got an interview and had AOS approved.

[Turboguy 6]

You got lucky. We had the AOS interview from hell that went on for two hours and asked everything in the world. Perhaps that is a little of why I am in favor of doing all you can. Our ROC was a breeze with no interview and the 10 year card sent right out.

One way or the other it is better to get the SS # when it is easy to get and early since you never know what needs you might have.