SSN after marriage and before EAD right?

[AFQuaid 18]

I've been seeing alot of confused posts lately where people have been saying you need EAD authorization BEFORE you can attempt to apply for a SSN.

I was under the impression (going by a k-1) you go...get married, apply for SSN, recieve, apply for AOS + EAD/+ AP too.

Or am I getting confused with a social security card and a social security number? Can somebody explain to me please?

Fiona

[shalz 0]

Well, For K-1 Visa, You don't have to wait for an EAD Authorization. You can just go to a SSA office and apply for a SSN.

I've been seeing alot of confused posts lately where people have been saying you need EAD authorization BEFORE you can attempt to apply for a SSN.

I was under the impression (going by a k-1) you go...get married, apply for SSN, recieve, apply for AOS + EAD/+ AP too.

Or am I getting confused with a social security card and a social security number? Can somebody explain to me please?

Fiona

[jeeleebee 0]

ok, first off, social security number and card technically refer to the same thing...when your application is processed you get a card with your number on it (in the mail)

as you can see from my timeline, i applied for my social security number after marriage and got it (but it wasnt easy)...i was refused at first because i was applying under my married name, which obviously does not match the name on my visa/passport (K-1)...there are several posts here on SSA procedures which i had to print out and bring with me on the second attempt, and after consulting with a supervisor, my application was accepted

i think the easier way is to apply before marriage under your maiden name, then do a name change after marriage...and this is where the EAD comes in...you need to bring it with you and a certified marriage certificate in order to change your name and get a new card

anyhow, that's what i know. you might want to go to the nearest SSA office and inquire.

Hope this helps!

I've been seeing alot of confused posts lately where people have been saying you need EAD authorization BEFORE you can attempt to apply for a SSN.

I was under the impression (going by a k-1) you go...get married, apply for SSN, recieve, apply for AOS + EAD/+ AP too.

Or am I getting confused with a social security card and a social security number? Can somebody explain to me please?

Fiona

[gag54611 1]

Hi Fiona,

If you don't apply for your social security card before you get married, my understanding is that you will need the EAD BEFORE you will get the social security card/number. So, you need to apply for AOS and EAD as soon after you get married as possible if you want to work fairly soon after the marriage.

If, however, you applied for and received a social security card before you got married, in your maiden name, then you will need your marriage certificate and EAD in your married name in order to get a new SS card (same number) with your married name on it.

Best of luck,

G

[AFQuaid 18]

Wow ok, sounds like we're in for a rough road.

So it's arrive in the US, apply for SSN in maiden name, get married, apply for AOS+EAD, recieve EAD authroization, change name, bring marriage certificate + EAD authorization to SSA office for a new SSC/SSN?

Fiona

[C_S 0]

Hi, you don’t need EAD to apply for social security number, as long as you apply for the SSN before your I-94 expire. I think that the easiest way is: wait 2 weeks after your arrive, apply for SSN in your maiden name. Get married, go back to SSA with your marriage certificate and passport and apply for name change (this must be done at least 2 weeks before the day I-94 expires, otherwise you will need the EAD). At this moment (after marriage) you can apply for AOS, EAD and AP. This is what I’ve done.

Simonne

[I'm Gone 60]

An individual with K-1 status applying for a work authorized SSN must present evidence to establish his or her age, identity and current lawful employment authorized status.

An individual needs to provide at least two documents as evidence to establish age, identity and current lawful employment authorized status.

SSA will not assign an SSN or issue a card to an individual that is within 14 days of his or her alien status expiring. Until the 76th day after entry an individual with K-1 status only needs to provide an unexpired I-94 showing current K-1 status to establish employment authorized status for SSN purposes.

RM 00202.115 Form SS-5 Item 3 — Citizenship:

http://policy.ssa.gov/poms.nsf/lnx/0100202115

B. PROCEDURE - ANSWER TO ITEM 3

2. Legal Alien Allowed to Work

The applicant should check this block if he/she alleges to be a lawfully admitted alien with work authorization.

Once, an individual with K-1 status has been in the United States 76 days he or she will need another document, i.e. I-551, I-688B or I-766 to establish employment authorized status for SSN purposes.

RM 00203.500 Employment Authorization for Nonimmigrants:

http://policy.ssa.gov/poms.nsf/lnx/0100203500#C1

RM 00203.410 Evidence of Alien Status for an SSN Card for an Alien Lawfully Admitted for Permanent Residence:

http://policy.ssa.gov/poms.nsf/lnx/0100203410

Suggest that individuals apply for a corrected SSN card to update the SSN record when there has been a name change due to marriage.

The applicant may submit either:

-- One legal name change document showing both the old and new names

(e.g., a court order for a name change or a marriage document). The

document must also show either (1) a description or photograph of

the person or (2) biographical information that can be compared with

the Numident data; or

-- When the name change document does not show either a photograph of

the person or biographical information that can be compared with the

Numident data, then, in addition to the name change document, the

applicant must also submit two acceptable identity documents. One

of the submitted identity documents must show the old name (the name

on the latest SSN record) AND the other submitted identity

document must show the new name (the name to be shown on the

corrected SSN card). The identity documents submitted must show

either a photograph of the applicant or provide biographical

information that can be compared with the Numident (SSN record)

data.

In all 50 U.S. States (this means the 50 States, Washington, D.C., Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana Islands, and American Samoa) the bride may take her husband's last name (surname or family name) as her new last name. (EXAMPLE: Jane Doe married John Jones and she may change her name to Jane Jones.)

Interim Guidance: If the bride wants to take her husband’s last name, accept the marriage document as a legal name change for the bride if the new name can be derived from the marriage document; even if the marriage document only shows each partner’s first names, the bride’s prior surname and husband’s surname.

Note: For a marriage document or marriage record to be acceptable as an identity document it must show, in addition to the applicant’s name, either the applicant’s age, date of birth or parents’ names and the marriage document alone can be accepted as evidence of identity for both the old and new names when it meets this standard.

When issuing immigration documents, the Department of State and Department of Homeland Security issue them in the person’s legal name. The legal name is also generally the name in which the foreign passport was issued.

When an alien applies for an SSN card, SSA presumes the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change (e.g., marriage) that occurred after the immigration document was issued.

This is in addition to proof of current lawful employment authorized status.

You can find detailed information regarding changing SSN record (Numident) data on the SSA Website at:

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

When requesting an SSN card, the documents presented, as evidence must be either originals or copies certified by the issuing agency. SSA will not accept uncertified or notarized photocopies as evidence.

“If the applicant has no immediate need for the SSN and the translation can be done promptly or the foreign language document is the only evidence available; have the document translated by an authorized translator and use the document as evidence.”

“If the applicant has a pressing need for an SSN, and evidence other than the foreign language document is available; request other evidence and process the application without the foreign language document.”

RM 00203.040 Reviewing SSN Evidence:

http://policy.ssa.gov/poms.nsf/lnx/0100203040#B3

GN 00301.340 Authorized Translators Defined:

http://policy.ssa.gov/poms.nsf/lnx/0200301340

If a foreign-born person has the foreign birth certificate (BC) in his/her possession or can easily obtain a copy, he or she must submit it as proof of age. When a person is foreign-born, a BC may not exist, may not have been recorded shortly after birth, or the probative value of the document may not be high. In these situations, SSA can accept alternative evidence of age in order of probative value. The alternative evidence of age may be less than a year old, e.g., a DHS document or passport.

You can find detailed information regarding evidence that establishes age on the SSA Website at:

http://policy.ssa.gov/poms.nsf/lnx/0100203110

The documents acceptable as evidence of identity are now based on three factors: (1) the applicant’s age, (2) the applicant’s citizenship/alien status, and (3) the relative probative value of documents.

Any document used to establish identity must meet the following criteria:

-- The document provides information the reviewer can compare with the

data on the form SS-5 (e.g., the person's name, as well as age, date

of birth, or parents' names) and/or

-- The document provides information the reviewer can compare with the

applicant (e.g., physical description, photograph).

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

However, the acceptability of an identity document must be evaluated on a case by case basis by the office processing the application, taking into consideration the applicant's situation and exploring what evidence is available for the person.

You can find detailed information regarding evidence that

establishes identity on the SSA Website at:

http://policy.ssa.gov/poms.nsf/lnx/0100203200#E6

SSA will not accept an application filing receipt or notice of action as proof of current lawful employment authorized status.

Take the required documents to the nearest Social Security office. Individuals age 12 or older applying for an original SSN and card must apply in person at one of our offices.

You can obtain the address and directions to the nearest Social Security office from the Social Security Office Locator, which is available on the Internet at:

http://www.ssa.gov/locator

Normally, an SSN card should be received in the mail within two weeks after the application and document(s) have been received and verified.

When an alien requests an SSN or replacement/corrected SSN card, SSA will verify his or her documents and current status with the appropriate Bureau of the Department of Homeland Security. If verification is not available through the Systematic Alien Verification for Entitlements (SAVE) system, SSA will send Form G-845 for manual verification.

RM 00203.720 Verifying Immigration Documents:

http://policy.ssa.gov/poms.nsf/lnx/0100203720

Note: If the applicant has changed his/her name after an immigration document, i.e. I-94, was issued, e.g., married and is now using the married name, but has not obtained a corrected immigration document showing the new name; this is not a name discrepancy for enumeration purposes, i.e. SAVE clearance, if the applicant can provide an acceptable legal name change document to establish the new name.

The 14 day status expiration limit for assigning an SSN and/or issuing a card applies even if an individual submitted his or her application before being within the 14 day period and entered the 14 day period while waiting for his or her status to be verified.

If the SSA office does send the G-845, suggest that you go back to the SSA office no more that once week with your documents to (1) ask them to check SAVE again (2) ask if they sent a G-845 (3) if yes, did it come back (4) after 30 days ask if they have followed up on the G-845 by calling or sending another mark “second request.”

http://policy.ssa.gov/poms.nsf/lnx/0100203735

RM 00203.735 Requesting Online (Primary) Verification By SAVE

You can try calling the SSA Regional Office if you have waited at least 30 days and your local SSA office doesn't seem to be concerned about following up on the G-845

http://www.ssa.gov/otherssasites/

Refer them to:

http://policy.ssa.gov/poms.nsf/lnx/0100203740

RM 00203.740 Requesting Additional (Manual) Verification By DHS

Step 6

DHS should respond to SSA within 15 federal work days after receiving the Form G-845. If DHS does not respond within 15 federal work days from the receipt of the G-845 from SSA, follow-up with the DHS, USCIS Immigration Status office. (Allow 15 days plus five additional federal work days of mail time for the G-845 to be received at and returned from DHS. Follow local practice to follow-up with DHS.

Some SSA offices have an arrangement with the DHS, USCIS office to telephone for the follow-up contact; other SSA offices send a copy of the original G-845 annotated “second request.”) If the DHS response is still not received within 15 federal work days after the follow-up contact (if the follow-up is by mail allow five additional federal work days of mail time for the G-845 to be received at and returned from DHS), make a second follow-up contact. If the DHS response is not received within 15 federal workdays (again, if the follow-up is by mail, allow five additional federal work days of mail time for the G-845 to be received at and returned from DHS), after two follow-ups, contact the Regional Office (RO). Also report to the RO any trend that shows a serious deviation by DHS from the above time frames. The RO will consult with central office.

All cards are mailed from Social Security Headquarters in Baltimore, Maryland to the postal address provided on the Form SS-5.

You may find additional SSN and employment information on the Internal Revenue Service Website at:

http://www.irs.gov/businesses/small/intern...=129227,00.html

[Waiting in Vancouver 6]

Hi, you don’t need EAD to apply for social security number, as long as you apply for the SSN before your I-94 expire. I think that the easiest way is: wait 2 weeks after your arrive, apply for SSN in your maiden name. Get married, go back to SSA with your marriage certificate and passport and apply for name change (this must be done at least 2 weeks before the day I-94 expires, otherwise you will need the EAD). At this moment (after marriage) you can apply for AOS, EAD and AP. This is what I’ve done.

Simonne

You don't necessarily need your SSN before you get married unless the particular state/county you are planning on getting married in requires it ...

the OP could have her fiance look into this before she arrives in the US to make sure they understand the requirements for marriage ...

I didn't need a SSN before we got married in DeKalb County in Illinois but like many have said here on VJ in the past it all depends on where you're getting married ...

[meauxna 15]

Wow ok, sounds like we're in for a rough road.

So it's arrive in the US, apply for SSN in maiden name, get married, apply for AOS+EAD, recieve EAD authroization, change name, bring marriage certificate + EAD authorization to SSA office for a new SSC/SSN?

Fiona

hey Fi,

I know Mike's instructions look daunting, but trust him; these are the up to date instructions.

Apply for that SS card soon---at the least in your first 76 days in the US. As a K-1 you have a short, specific time when you can be assigned this number, and it's useful for many, many things. It DOES NOT MATTER if that card is in your maiden name. You can change it later down the road when it will be easy, or you can struggle against it and still not get what you want. I suggest the 'no-struggle' method.

Arrive, apply at SSA in the first month, get married (SS card or no--you don't need it to get married), apply AOS + EAD (changing your immigration name at the time), bring marriage certificate + EAD authorization to SSA office for a new NAME on your cared (the number remains the same forever).

You've got it perfect! When do you fly?

[AFQuaid 18]

Thanks everyone! Gotcha. Wish me luck on that lol.

Hopefully I'll be flying October 10th, still waiting on travel agent confirmation

Fiona

[I'm Gone 60]

I will be happy to explain anything you don't understand. I covered everything that's involved with applying for an SSN, but it basically boils down to showing up at an SSA office with your birth certificate, I-94 and passport.