Married in the US on a K-1 Visa, confused about what comes next

[TheViking85 1]

Hello, I'm hoping to get some solid (preferably with links of sources to the original info) information on what to do next.

I entered the US on a K-1, December 20th and got married Jan 6th, I'm trying to get everything together to actually file for AOS before the 90 day period is up, regarding this I have a couple of questions.

1: On a different forum I was advised to apply for an SSN as soon as possible, after the marriage took place, and before the I-94 expires, however, reading through the instructions for applying for an SSN, it appears I'm not eligible to get one until I file an I-765 (EAD, work permit) as I'm not legally allowed to work yet, is this true?

Should I apply for an SSN now (would be useful as far as attaining a state drivers license, bank accounts and getting onto my wifes medical insurance) or do I have to wait until the EAD is approved or some other time in the future? If not now, when do I apply for an SSN? On the other forum it sounded like it was very important to apply for the SSN now, before the I-94 expires.

2: How long does it take for the EAD to be approved, this is particularly important if I have to wait for this to apply for a SSN. I'm located in Dallas, TX is that has anything to say.

3: I think the officer at the POE took my copy of the DS-3025, I have however obtained a copy from the doctor who performed my medical. The DS-3025 is checked as Vaccine history complete, will I still need to go to a CS to get parts of the I-693 done? Note that I had all my vaccines done before entry, and my history is complete.

4: Is there any other important info I appear to have missed? It's a little hard to keep track of everything and any useful, current info or links to government sites is greatly appreciated.

I hope you don't ignore me just cause I'm new to the forum, .

[YuAndDan 153]

1) K-1 should apply for SSN prior to marriage and within 76 days or so of entry. The whole reason K-1 can apply for SSN and the other K-Visas cannot is so that the K-1 can apply for a marriage license, some states comply very strictly to a federal law and wont issue a marriage license to a person without a SSN. Some SSA offices give a hard time applying for a SSN after a marriage.

2) EAD can take upwards of 4 months to approve. EAD must be filed for WITH, or AFTER filing AOS, not before.

3) An I-693 may or may not be requested, if DS-3025 is completed correctly many say sending a copy of DS-3025 with petition works fine, other times IF USCIS has a problem with it they will request you to get the vaccinations record transferred to an I-693.

4) Study the AOS guide, and FAQ links above.

[Barbara J 115]

Hello, I'm hoping to get some solid (preferably with links of sources to the original info) information on what to do next.

I entered the US on a K-1, December 20th and got married Jan 6th, I'm trying to get everything together to actually file for AOS before the 90 day period is up, regarding this I have a couple of questions.

1: On a different forum I was advised to apply for an SSN as soon as possible, after the marriage took place, and before the I-94 expires, however, reading through the instructions for applying for an SSN, it appears I'm not eligible to get one until I file an I-765 (EAD, work permit) as I'm not legally allowed to work yet, is this true?

Should I apply for an SSN now (would be useful as far as attaining a state drivers license, bank accounts and getting onto my wifes medical insurance) or do I have to wait until the EAD is approved or some other time in the future? If not now, when do I apply for an SSN? On the other forum it sounded like it was very important to apply for the SSN now, before the I-94 expires.

2: How long does it take for the EAD to be approved, this is particularly important if I have to wait for this to apply for a SSN. I'm located in Dallas, TX is that has anything to say.

3: I think the officer at the POE took my copy of the DS-3025, I have however obtained a copy from the doctor who performed my medical. The DS-3025 is checked as Vaccine history complete, will I still need to go to a CS to get parts of the I-693 done? Note that I had all my vaccines done before entry, and my history is complete.

4: Is there any other important info I appear to have missed? It's a little hard to keep track of everything and any useful, current info or links to government sites is greatly appreciated.

I hope you don't ignore me just cause I'm new to the forum, .

Everything YouAndDan said you will be right.

You can apply for SSN 2-3 weeks after marriage. We waited and I went in I was in the system and applied for it in my married name as well. If you have issues you can always go to another SS office. Had no problems at all as like you I needed it for our bank accounts and medical. Can't get my drivers license till I have GC in my state of Georgia.

Edited January 12, 2011 by Barbara J

[TheViking85 1]

Thank you both for replies, is there anywhere that the info on SSN regarding a K-1 visa is explained? Either USCIS or SSN website? I haven't managed to find it.

1) K-1 should apply for SSN prior to marriage and within 76 days or so of entry. The whole reason K-1 can apply for SSN and the other K-Visas cannot is so that the K-1 can apply for a marriage license, some states comply very strictly to a federal law and wont issue a marriage license to a person without a SSN. Some SSA offices give a hard time applying for a SSN after a marriage.

Regarding this: How do I fill out the SSN application? Do I check the box that say Immigrant, no work permit? If they do give me a hard time getting an SSN, seeing as I'm already married, how do I proceed? Can I, worst case, simply wait for the AOS to be approved, I mean, I find it strange if I more or less blew my only way of getting an SSN, f you catch my drift. Or should I just try another SSN office, like Barbara suggested?

Again, thanks for any and all info.

[YuAndDan 153]

Thank you both for replies, is there anywhere that the info on SSN regarding a K-1 visa is explained? Either USCIS or SSN website? I haven't managed to find it.

Regarding this: How do I fill out the SSN application? Do I check the box that say Immigrant, no work permit? If they do give me a hard time getting an SSN, seeing as I'm already married, how do I proceed? Can I, worst case, simply wait for the AOS to be approved, I mean, I find it strange if I more or less blew my only way of getting an SSN, f you catch my drift. Or should I just try another SSN office, like Barbara suggested?

Again, thanks for any and all info.

In the VJ Guides: http://www.visajourney.com/content/ssn

You did not blow your only way to get SSN, you can get one After getting a green-card or EAD card. SSA needs evidence that you are authorized to work before they issue a number, exception is K-1 which in some parts of the USA need SSN to get married.

[TheViking85 1]

In the VJ Guides: http://www.visajourney.com/content/ssn

You did not blow your only way to get SSN, you can get one After getting a green-card or EAD card. SSA needs evidence that you are authorized to work before they issue a number, exception is K-1 which in some parts of the USA need SSN to get married.

Forgive me if I'm a bit slow here, but according to the info in the links you provided, it appears I can apply for one ASAP, even if I'm married, by simply bringing with me my passport, with valid K-1 visa and my I-94 (still well within it's valid period, does not expire until March 19th) and an additional form of identification (drivers license should suffice).

The reason why I'd like to do this now and not wait the odd 4 months to a year the rest of the application will take (though coming from Norway, everything's gone extremely smooth so far, I was only interviewed at the POE for about 5 minutes, and waited roughly 15 minutes), I'll need the SSN for a variety of reasons, working is not one of them, partly because of the job market these days (who'll hire a foreigner, right?) and partly because it's no problem for me to wait until I get the EAD, as I'll primarily attend university anyway.

Again, if I'm misunderstanding something, please correct me.

Lastly, will it count against me any time in the future if I unsuccessfully try to attain a SSN right away? I'm considering attempting this tomorrow, as my wife is going there to get her name changed to mine anyways. (Btw, when my wife, the petitioner for my K-1 Visa changes her name to mine, will this cause any problems regarding the AOS etc? Should we add on any additional paperwork to verify this is still the same person or do they see the logic in her taking my name? Or would you simply advice against doing so for the time being?)

[YuAndDan 153]

Forgive me if I'm a bit slow here, but according to the info in the links you provided, it appears I can apply for one ASAP, even if I'm married, by simply bringing with me my passport, with valid K-1 visa and my I-94 (still well within it's valid period, does not expire until March 19th) and an additional form of identification (drivers license should suffice).

The reason why I'd like to do this now and not wait the odd 4 months to a year the rest of the application will take (though coming from Norway, everything's gone extremely smooth so far, I was only interviewed at the POE for about 5 minutes, and waited roughly 15 minutes), I'll need the SSN for a variety of reasons, working is not one of them, partly because of the job market these days (who'll hire a foreigner, right?) and partly because it's no problem for me to wait until I get the EAD, as I'll primarily attend university anyway.

Again, if I'm misunderstanding something, please correct me.

Lastly, will it count against me any time in the future if I unsuccessfully try to attain a SSN right away? I'm considering attempting this tomorrow, as my wife is going there to get her name changed to mine anyways. (Btw, when my wife, the petitioner for my K-1 Visa changes her name to mine, will this cause any problems regarding the AOS etc? Should we add on any additional paperwork to verify this is still the same person or do they see the logic in her taking my name? Or would you simply advice against doing so for the time being?)

Then visit SSA and apply for a number, if you get the run-around ask for a supervisor, or visit another office.

Also when wife takes you name she can apply for a replacement card with new name on it. But in your case it makes no difference married or unmarried when getting the number.

I have seen some simply tell the SSA office not married yet or apply for SSN in maiden name in cases of lady applying for SSN when they get the run-around.

[Harpa Timsah 13,258]

Yes, if you have time left on your I-94 you can get a SSN (I think you need 2 weeks left). Dan was just saying there is no way to blow your chance (by pointing out additional opportunities to get it in the future), just that there is a window with the I-94 for the K-1 entrant. Remember, a K-1 is technically a Non-immigrant visa, and you have about as many rights as other non-immigrants. The one thing that a K-1 entrant is entitled to is a SSN, but there are regulations. Once you get your GC, you will be entitled to a SSN with no regulations attached. You can go any time and get it, no I-94, no status requirements, nothing. He was just pointing out that fact, if I read him correctly.

Now, with that in mind, the fact that you are married may give you some trouble at the office. The SS Office people are not well-paid, and don't know all of the immigration rules. There are a lot of reports that a SS worker will tell a K-1 who got married that they are a K-3 and that therefore they need an EAD for a SSN. This is not true, but good luck explaining it to them.

There is no penalty if they turn you away for a SSN. Also no problem if your wife wants to change her name. You will submit a copy of your marriage certificate with your AOS packet, and there are also areas to write "other names used" and "maiden name" so they can figure it out.

Good luck, and don;t let them trick you in to thinking you are a K-3 now!

[TheViking85 1]

Thank all of you so much for the info!

And thank you Harpa for clarifying!

[VanessaTony 3,567]

Thank all of you so much for the info!

And thank you Harpa for clarifying!

There is an AOS thread in my signature that has all the docs for AOS and the required attachments. Hopefully that helps you out.

You have your answers re the SSN, let us know if you have any issues.

Edited January 13, 2011 by Vanessa&Tony

[TheViking85 1]

Status update: McKinney SSA in TX have some pretty decent folks working for them! SSN was absolutely no trouble to get what so ever, the guy had it set up in less than 10 minutes and I'll get my card in two weeks. He even informed me that USCIS has my last name spelled wrong in their system, but he managed to get the right name on my Social and told me so that I can notify them of it.

All in all, an incredibly positive experience.

[Harpa Timsah 13,258]

Awesome! That's great news!

[TheViking85 1]

Awesome! That's great news!

I know right!

I have one more question though, in the County where we filed our papers, it appears that the marriage license and the marriage certificate is in fact the same document. (Verified by people at the County clerks office, locally), will this cause any problems with the USCIS as far as sending in my Marriage Certificate go? Should I get the one of the County clerk people to write a short, signed note verifying that the two are the same thing, or will the USCIS be so used to seeing this that they'll know?

[HeatDeath 430]

I know right!

I have one more question though, in the County where we filed our papers, it appears that the marriage license and the marriage certificate is in fact the same document. (Verified by people at the County clerks office, locally), will this cause any problems with the USCIS as far as sending in my Marriage Certificate go? Should I get the one of the County clerk people to write a short, signed note verifying that the two are the same thing, or will the USCIS be so used to seeing this that they'll know?

That won't cause any problem. My county does the same thing. You get a marriage license, and after the ceremony the couple, the witnesses and the officiant sign and date it, and now it's your marriage certificate. There is also, in Salt Lake county, a more certificate-y looking "marriage certificate", but the county clerk said the post-ceremony signed and dated license is the "official" license and the other one is more decorative.

Right after we got back from our honeymoon, we took the signed marriage license/certificate to the county office. They registered it while we waited and they gave us [which is to say we bought] several certified copies. I included one with my AOS packet and it was no problem at all. Approved in less than 90 days with no RFE or interview.

We never did bother filling out the decorative one. The certificate blanks on it are printed upside down relative to the watermark on the paper anyways.

Edited January 14, 2011 by HeatDeath

[TheViking85 1]

That won't cause any problem. My county does the same thing. You get a marriage license, and after the ceremony the couple, the witnesses and the officiant sign and date it, and now it's your marriage certificate. There is also, in Salt Lake county, a more certificate-y looking "marriage certificate", but the county clerk said the post-ceremony signed and dated license is the "official" license and the other one is more decorative.

Right after we got back from our honeymoon, we took the signed marriage license/certificate to the county office. They registered it while we waited and they gave us [which is to say we bought] several certified copies. I included one with my AOS packet and it was no problem at all. Approved in less than 90 days with no RFE or interview.

We never did bother filling out the decorative one. The certificate blanks on it are printed upside down relative to the watermark on the paper anyways.

Ok,thanks so much.

The one we got was actually pretty decorative, and they started using it two years ago I think. We got copies (paid for them too of course, hehe) and we have the original, it does have our names printed (we didn't sign, wasn't supposed to), the lady who issued the license signed and printed name, the JP's name both signature and printed and of course when we took it to get it registered, they signed and printed their name, all with dates, obviously.

Good to know that it'll work out, gearing up to get all of it taken care of now so.