Sequence of Events

[Kelvin 0]

My wife has an SSN (never used) and a drivers license from when she was here years ago on an F1. She's got all our marriage docs and her name change docs from Japan (in Japanese, so I assume we'll need translation docs too). She arrives here this weekend and I'm taking some time off work next week to get her situated.

Here in California, the DMV verifies name information with the Social Security Administration. So before we go get her name changed on her DL, we've gotta get it changed at the SSA. Easy? I hope so. I hope we can do both in one day rather than waiting for her name change to bake at the SSA for who knows how long before we go to the DMV.

Now here's the confusing part:

She won't have her EAD yet (can't file for that until her SSA records are correct), so the SSA is going to stamp her new SS card with "Legal Alien NOT allowed to work". Fine. Apparently the SSA also wants some kind of reason why a new card should be issued. Is this moot because she already has an SS number? Is DMV requirement enough of a reason? How about ability to apply for EAD? Then, I suppose she'll have to revise her information with the SSA once again when her EAD comes through?

On top of all that, I think we have to get her name change stuff sorted out before she can buy a car? Or does the dealer really care? Sure, we'd have to update the registration..

Does any of this make sense? Seems like it would be ideal if we could apply for the name change with the SSA and the EAD all at once.... but of course, they are two separate agencies & appointments. Can't have any efficiency, can we?

Or is there another sequence of events we should take?

Thanks,

KZ

[chuckandkim 0]

My wife has an SSN (never used) and a drivers license from when she was here years ago on an F1. She's got all our marriage docs and her name change docs from Japan (in Japanese, so I assume we'll need translation docs too). She arrives here this weekend and I'm taking some time off work next week to get her situated.

Here in California, the DMV verifies name information with the Social Security Administration. So before we go get her name changed on her DL, we've gotta get it changed at the SSA. Easy? I hope so. I hope we can do both in one day rather than waiting for her name change to bake at the SSA for who knows how long before we go to the DMV.

Now here's the confusing part:

She won't have her EAD yet (can't file for that until her SSA records are correct), so the SSA is going to stamp her new SS card with "Legal Alien NOT allowed to work". Fine. Apparently the SSA also wants some kind of reason why a new card should be issued. Is this moot because she already has an SS number? Is DMV requirement enough of a reason? How about ability to apply for EAD? Then, I suppose she'll have to revise her information with the SSA once again when her EAD comes through?

On top of all that, I think we have to get her name change stuff sorted out before she can buy a car? Or does the dealer really care? Sure, we'd have to update the registration..

Does any of this make sense? Seems like it would be ideal if we could apply for the name change with the SSA and the EAD all at once.... but of course, they are two separate agencies & appointments. Can't have any efficiency, can we?

Or is there another sequence of events we should take?

Thanks,

KZ

You two got married in JP I assumed? I think it's a YES.

All your Marriage Document were in English? I think this's a Yes too

She is here on a K-1 Visa? Don't see that anywhere, but assump YES

She has a SSN from her F1? I think this is a yes

She has an expired US DL? Yes.

You want to change her name.

You want to apply for EAD/AP/AOS

You want to renew her DL

You want to change her name on her SS Card

Am I missing anything else?

Ok, first thing first, if all of my assumptions are correct... you must get your Marriage Certificate translated into English. You do not need to pay money for someone to translate it... you can have your friend/family who knows JP and English really well and will have to state that they translate the document to the exact meaning of it etc.

With this Translation document, you two can go to the SSA office to have name change. No they will not issue a new SSN. Just change it to whatever your last name is. Take sometimes... 3 weeks? I'm not sure.

Now with the new SSN Card with the same number and different last name, you and her can go to the DMV for State ID or DL. The requirements

1. She HAD a SSN from her previous F1 Visa status? If yes, then no need to worry about the SSN, she has the NUMBER for life. You need to show them your marriage certificate in English.

2. DL in Cali: I found this...

Social security number (SSN) requirement[\b] http://www.dmv.ca.gov/dl/dl_info.htm#SSN

The Social Security Act allows any state to use the SSN to establish the identification of an individual. The California Vehicle Code requires the collection of the social security number.

All applicants must submit to DMV their social security number. Evidence of your social security number is required only on applications for an original commercial driver license and any request to correct a SSN that is already on the driver record data base, regardless of the class. The SSN is considered confidential and will not appear on the photo license or be encoded on the magnetic stripe. Any documents that the department is authorized to release to the public will have the SSN masked. The SSN is electronically verified with Social Security Administration while you are in the DMV office for all DL/ID card transactions, if it has not already been verified.

The only documents acceptable for SSN verification are originals of the following:

Social Security Card (cannot be laminated)

Medicare card

U.S. Armed Forces Identification Cards:

Active-DD 2

Retired-DD 2

Reserved-DD 2

Dependent-DD 173

Military separation document-DD 214

Exception to the SSN requirement:

If you are legally present in the US, but ineligible for an SSN, you are exempt from SSN requirements. However, you must still provide an acceptable birth date/legal presence document for any DL/ID card application OR provide a valid SSN.

Birth date verification and legal presence requirements

The issue of identification reliability, integrity, and confidentiality is of prime concern to all citizens. Eligibility for government services, issuance of various licenses, assessment of taxes, the right to vote, etc., are all determined through evaluations based on identification documents. It is critical that identification documents be authenticated and accurate in identifying each individual. The California driver license and ID card have been declared as primary identification documents in this state by the California legislature.

State law requires every applicant for an original California identification (ID) card and driver license to show verification of birth date and proof of legal presence within the United States to help safeguard the accuracy and integrity of departmental documents.

If your current name no longer matches the name on your birth date/legal presence document, see "True Full Name" and "How to Change Your Name" for more information.

Only the original or a certified copy of one of the following documents is acceptable:

US Birth Certificate

US Certificate or Report of Birth Abroad

Federal Proof of Indian Blood Degree

INS American Indian Card

Birth Certificate or passport issued from a US Territory

US Passport

US Military Identification Cards (Active or reserve duty, dependent, retired member, discharged from service, medical/religious personnel)

Common Access Card (only if designated as Active military or Active Reserve or Active Selected Reserve)

Certificate of Naturalization or Citizenship

Northern Mariana Card

INS US Citizen ID Card

Permanent Resident Card

Temporary Resident Identification Card

Canadian Passport/Birth Certificate

Non-resident Alien Canadian Border Crossing Card

Valid foreign passport with a valid Record of Arrival/Departure (form I-94)

Certification from California Department of Corrections or California Youth Authority

Employment Authorization Card

Permanent Resident Re-entry Permit

Refugee travel document

"Processed for I-551" stamped in a valid foreign passport

Valid I-94 stamped "Refugee," "Parole or Parolee," "Asylee," or Section 207, Section 208, Section 209, Section 212d(2), HP or PIP

Immigration judge's order granting asylum

Certified court order or judgment issued from a court of competent jurisdiction.

Valid I-94 with attached photo stamped "Processed for I-551 temporary evidence of lawful admission for permanent residence"

Notice of Action (I-797 Approved Petition)

Mexican Border Crossing Card with valid I-94

With the above documents I think you should be able to show that she is qualified for DL and SSN name chagne. This issue with name change leads to a great debate among VJers, to change or not to change name before AOS. Your call, hope this helps!

[I'm Gone 60]

My wife has an SSN (never used) and a drivers license from when she was here years ago on an F1. She's got all our marriage docs and her name change docs from Japan (in Japanese, so I assume we'll need translation docs too). She arrives here this weekend and I'm taking some time off work next week to get her situated.

Here in California, the DMV verifies name information with the Social Security Administration. So before we go get her name changed on her DL, we've gotta get it changed at the SSA. Easy? I hope so. I hope we can do both in one day rather than waiting for her name change to bake at the SSA for who knows how long before we go to the DMV.

Now here's the confusing part:

She won't have her EAD yet (can't file for that until her SSA records are correct), so the SSA is going to stamp her new SS card with "Legal Alien NOT allowed to work". Fine. Apparently the SSA also wants some kind of reason why a new card should be issued. Is this moot because she already has an SS number? Is DMV requirement enough of a reason? How about ability to apply for EAD? Then, I suppose she'll have to revise her information with the SSA once again when her EAD comes through?

To be issued an SSN card with her married name she will need an EAD card. There is a possiblity to only have the name corrected on the SSN record, but not be issued a card. However, having a foreign marriage certificate in a langauge other than English makes thing a bit more complicated.

http://policy.ssa.gov/poms.nsf/lnx/0100203510#D4

RM 00203.510 Alien without Work Authorization - Nonwork Need for an SSN

4. Correcting Numident Data When a Replacement Card Cannot Be Issued

If the alien does not provide evidence of work authorization or a valid nonwork reason, explain that no replacement card can be issued.

Although a replacement card cannot be issued, the Numident can be corrected if the alien has provided documentation supporting the change (e.g., a name change).

If the alien provides documentation supporting the change, process the SS-5 to update the Numident information but suppress the issuance of a card.

----------------------------------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203210#B1

RM 00203.210 Changing Numident Name Data

For a U.S. resident, a name change based on a foreign marriage depends on the laws of the State where he/she resides. If you are not familiar with the laws permitting name change in the State of residence based on marriage, check PolicyNet to see if there is a precedent opinion concerning whether the State where the applicant lives concerning a marriage in that foreign country. If so, follow the precedent opinion concerning the acceptance of the marriage. If there is no existing legal opinion, either submit the case to the regional Chief Counsel or advise the applicant to submit other evidence of the legal name change that meets the criteria described in RM 00203.200G.2. If the State of residence recognizes the marriage, assume it applies its own State law for a legal name change because of marriage to foreign marriages also.

----------------------------------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203200#G2

2. Determine if the ID Document Has Required Information

Ask the applicant to submit one or more documents that show the person’s name AND provide:

Biographical information in addition to the person’s name that the reviewer can compare with the data on the SS-5 (e.g., date of birth, age, or parents' names) and/or

Physical information that the reviewer can compare with the applicant (e.g., physical description, photograph).

NOTE: A non-picture identity document must have the person's name as well as information that can be compared to the Numident, the applicant or other documents submitted (e.g., age, date of birth, or parents' names).

---------------------------------------------------------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203040

RM 00203.040 Reviewing SSN Evidence

3. Foreign Language Documents

If...

The applicant has no immediate need for an and the translation can be done promptly, or the foreign language document is the only evidence available.

Then ...

Have the document translated by an authorized translator and use the document as evidence.

[Kelvin 0]

Well, this is shaping up to be Yet Another Grand Fiasco that's going to keep me up late all week in research mode. I think the best thing to do is:

1. Make an InfoPass appointment asap to get the scoop from them and hopefully apply for an EAD

2. Then deal with the SSA

3. Repeat 1 & 2 ad nauseum in some order

4. Then deal with the DMV... certainly the lowest priority. We can get her a car with her existing DL and change that paper work later.

Kelvin Zero,

Once again... Lord of the Wretched