K-1 Visa with no SS number

[Philiran 0]

Hi,

I (US citizen) married my Iranian fiance on Nov 7 (successfully obtaining the K-1 Visa through several hoops because of his nationality) but were unsuccesful in getting a SS number. In fact, we didn't know that he was eligible to obtain the SS number until we came across a discussion via VisaJourney.com and now SSA will not grant him one because his 90 days expires on Saturday.

One of the reasons we waited to apply for a SS is because on the SSA website, they didn't state anything about a K-1 Visa but I came across info for foreign-born individuals married to US citizens - in this case, we would need our marriage certificate. Unfortunately, we got married in GA (we live in VA) and marriage certificates aren't available for sale until 30-40 days after the event. In short, I contacted the county office yesterday and they haven't even recorded our wedding yet, despite it being well over 40 days from Nov. 7. So now my questions are:

(1) Can I send a copy of our marriage license to USCIS for AOS? I don't know when our marriage certificates will get to us, despite me paying $40 for same day air.

(2) Can my husband work in the US without a SS? I know that K-1 visa holders are eligible to work but how will it work for employers without a SS card?

I'm stressing because my husband's 90 days are coming up on Saturday and I'd like to file the AOS before his 90 days. Any advice would be greatly appreciated!

- SBR

[YuAndDan 153]

Moving this to AOS forum.

1) A photo copy of marriage cert is required for AOS, a marriage license just says you CAN marry, the certificate says you ARE married.

2) SSN is NOT work authorization, EAD or Green-card IS. Will have to wait for green-card or EAD card (I-751 filed with I-485) Once have EAD or GC can apply for SSN.

[Harpa Timsah 13,258]

If you file after the 90 days, that is okay, but you have to marry before the 90 days (sounds like you did). You will have to wait for a copy of your marriage certificate.

He will have to wait for his EAD (which is a part of the AOS package) to get a SSN, and to work. That's no problem really; you don't need a SSN to apply for AOS.

He'll have to sit tight without a job for a few more months. Maybe he can volunteer somewhere. Good luck.

[YuAndDan 153]

As long as marriage took place within the 90 days you should be fine, many who marry close to the 90 day mark have to file outside the 90 day mark due to having to wait for a marriage cert.

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

[Philiran 0]

Thanks for the advice! What if we receive the marriage certificate in the beginning of Jan but his 90 days expires on Dec. 19th? Won't we be in immigration violation? I thought we needed to file before the 90 days are up! We should've just gotten married at the court in VA instead of having an elaborate ceremony in GA with family...waiting to get copies of a marriage certificate is a pain.

I spoke to a lawyer (not a practicing immigration lawyer but worked on some immigration cases a while back) and she suggested sending a copy of the marriage license (the license was completed by our pastor) with a cover stating that the county has not yet recorded our marriage. She also said to include copies of the request for marriage certificate and mailing label. Would this be a good idea?

[Deputy Purple 1,294]

You can file for AOS after the 90 days on his I-94 has expired. He will be out of status but that is forgiven/overlooked for spouses of US Citizens.

You should do it within a reasonable amount of time though....

I would not send them a packet that is missing obvious things like the marriage certificate) when waiting a few weeks won't hurt your petition.

Edited December 15, 2010 by Bob 4 Anna

[YuAndDan 153]

Thanks for the advice! What if we receive the marriage certificate in the beginning of Jan but his 90 days expires on Dec. 19th? Won't we be in immigration violation? I thought we needed to file before the 90 days are up! We should've just gotten married at the court in VA instead of having an elaborate ceremony in GA with family...waiting to get copies of a marriage certificate is a pain.

I spoke to a lawyer (not a practicing immigration lawyer but worked on some immigration cases a while back) and she suggested sending a copy of the marriage license (the license was completed by our pastor) with a cover stating that the county has not yet recorded our marriage. She also said to include copies of the request for marriage certificate and mailing label. Would this be a good idea?

No violation, just be considered to be out of status and an overstay, which will be not an issue. An overstay of more than 6 months is an issue only if traveling before getting green-card, you should have filed AOS long before that becomes an issue.

http://www.uscis.gov/files/form/i-485instr.pdf

You can always try, but expect an RFE for a copy of marriage certificate.

Edited December 15, 2010 by YuAndDan

[Philiran 0]

Thanks - yeah, I know that if we submit the AOS packet without the actual certificate, we would most definitely get an RFE, which would lead to undue delays. I'm just worried about the lack of status...and since my hubby is Iranian, there might be more scrutiny on our case(?). I wish the folks in GA would be a lot quicker - hopefully, the cert will be mailed next week.

All the same, wouldn't it be better to get an RFR than be out of status?

[YuAndDan 153]

Thanks - yeah, I know that if we submit the AOS packet without the actual certificate, we would most definitely get an RFE, which would lead to undue delays. I'm just worried about the lack of status...and since my hubby is Iranian, there might be more scrutiny on our case(?). I wish the folks in GA would be a lot quicker - hopefully, the cert will be mailed next week.

All the same, wouldn't it be better to get an RFR than be out of status?

I would simply note on cover letter delayed filing due to having to wait for a marriage cert.

Again I would not worry about a short period of out of status.

Be thankful this was not Hawaii, I hear they can take a LONG time to issue a cert.

[Philiran 0]

Ok - that makes me feel a lot better! Thanks a lot for your advice!

[Deputy Purple 1,294]

Ok - that makes me feel a lot better! Thanks a lot for your advice!

Actually, if you want a detailed list of the Pros/Cons of delaying AOS filing see my post here.

If you're worried about moving around locally until you can file then it would be a good idea for him to keep his passport (with the K1 & I-94) and a copy of the Marriage License on him when you're out & about. I don't know if the area where you live does check Immigration Status as most border areas do so it may not even be a concern.

Again I doubt a few weeks would even be an issue, it's not like USCIS is going to send ICE looking for a K1 entrant when they've got other more pressing matters [unless someone reports him out of spite and makes him sound dangerous].

[Philiran 0]

Ok - two questions: I thought K-1s don't need EADs to work; therefore, couldn't he work without an EAD and SS number? A colleague at work mentioned getting a tax identifier number but don't know anything about it. She said that some folks in her community get this to work while their paperwork is getting processed.

Also, even though he had a medical exam (brown envelope surrendered at POE) - should we fill out form 693 and attach a copy of his vaccination/yellow card?

[SunDrop 59]

Ok - two questions: I thought K-1s don't need EADs to work; therefore, couldn't he work without an EAD and SS number? A colleague at work mentioned getting a tax identifier number but don't know anything about it. She said that some folks in her community get this to work while their paperwork is getting processed.

Also, even though he had a medical exam (brown envelope surrendered at POE) - should we fill out form 693 and attach a copy of his vaccination/yellow card?

You thought wrong. About 18 months ago, they stopped issued temporary EADs at the last few POEs that still did them. Nobody can work without a SSN. K1s are NOT permitted to work without an EAD.

The tax identifier number is something that you would apply for if he doesn't have a SSN when you file your 2010 tax return.

You shouldn't fill out the I-693. You need to get a Civil Surgeon to transcribe his vaccination history into the correct section, and sign confirming his vaccinations are up to date and complete. The CS will need to see the vaccination/ yellow card.

The brown envelope contained more than just his medical. You technically can submit his DS-3025 from his medical abroad, as long as it's less than 1 year old and the Panel Physician stated that the vaccination history was complete. Some people have been encountering problems with their medicals being 'lost' and the envelope openers not understanding that K-1ers have already completed their medicals. Most folk are now erring on the side of caution and at least getting their vaccination history transcribed onto the I-693.

[Philiran 0]

Thanks but we never opened the brown envelope and everything was surrendered to CBP at the POE. All we have is his yellow vaccination certificate. Also, in looking at other posts (via other discussions) it seems the whole 693 process is quite confusing! Since he had a medical exam in June 2010, he doesn't need to file the 693, right? And what is DS-3025? Is that the brown envelope?

[Philiran 0]

Also, our GA marriage license is signed by the officiant attesting to our wedding on November 7, 2010 - it just hasn't been recorded by the county.