status after you send in AOS paperwork is what?

[Ready to do it 101]

I assume I am posting in the correct forum. I sponsored my fiance to come to the US on a K-1 visa. She arrived in late November 2011. The I-94 date in her passport is Feb 27, 2012. Questions...

1) We are going tomorrow to have her apply for a Social Security Card. I have read on www.ss.gov that she cannot get a SS card without a govt letter showing she needs one. I assume the website is wrong as I have read in the instruction guide on visajourney to fill out ss-5 and print out a website and take that to them.

2) It appears that it takes up to 2 weeks to get the social security card in the mail. So we should have it by Feb 23, 2012. Are the requirements of her K-1 visa to simply "marry" by Feb 27 or do we actually have to have the orignal marriage certificate by Feb 27, 2012 or do we actually have to send in all the AOS paperwork by Feb 27, 2012?

3) We would like to go to Vegas and get married. It appears that a Social Security number is required to get married in Vegas... which means we won't be leaving for Vegas until at least Feb 24, 2012 (because that's 2 weeks and a day after applying for SS card). So assume we get married on Feb 26, 2012 or Feb 27, 2012, is that ok? I assume we will get back to Texas around March 1, 2012... can I work on the AOS paperwork when we get back? Is there a certain date it is all due by?

4) After getting married, it'd be great to go to SS office again with the Marriage Certificate to change her name to my last name, but I assume she will not be able to as her I-94 will then be expired. This ultimately means she won't be able to go get a driver's license either. Is there anything that will show she is actually her legally? I.e. Once her I-94 expires, she won't have a driver's license, nor GC, nor anything other than a marriage certficate and a social security card in her maiden name. Is that the way it will be for the next 3-4 months or do they send you something to temporarily prove you are "legal" or working on status adjustment?

5) Should we maybe go and get a state ID card after we go get a social security number tomorrow so she will at least have some sort of unexpired US document?

6) We'll fill out the form for her to be able to travel or work at the same time we fill out the AOS forms, but I'm not really too concerned with that. What I am concerned with is... potentially having to wait 4 months for her to get a driver's license or any sort of ID card showing she's not illegal.

[Moomin 292]

Is an SSN required for your fiancee in your state to get married?

1 - you don't have to bring a document however K1 is unknown to some offices. There's a link to which document to bring, from VJ. I'll see if I can find it.

2 - Yes, can take less or more to have it at your doorstep. You're required to get married within those 90 days. The AOS paperwork can wait if your want to. As long as you can prove(with the cert. copy of your marriage certificate you submit with AOS) that you indeed married within 90 days of POE, then all is good.

3 - Are you sure about this? It's the state known for drive-through weddings, especially for foreigners. I would've assumed your fiancee's passport is fine as proof of your date of birth, and ID.

Here's the Nevada law(I took out a bit of it, tiny letters in that document. Lots of them), you have a translated birth cert. already, that was required at embassy, maybe you kept a copy to play it safe(less reading to be found on http://travelnevada.com/things-to-do/weddings/?t=gov&utm_source=State-of-NV-Web-site&utm_campaign=gov&utm_medium=Internet ):

"(a) A driver’s license, instruction permit or identification card issued by this State or another state, the District of Columbia or any territory of the United States.

(b) A passport.

© A birth certificate and:

(1) Any secondary document that contains the name and a photograph of the applicant; or

(2) Any document for which identification must be verified as a condition to receipt of the document.

Ê If the birth certificate is written in a language other than English, the county clerk may request that the birth certificate be translated into English and notarized.

(d) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States.

(e) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.

(F ) Any other document that provides the applicant’s name and age. If the applicant clearly appears over the age of 25 years, no documentation of proof of age is required."

http://leg.state.nv.us/nrs/NRS-122.html

Edited February 9, 2012 by moomin

[Andy and Pui 16]

1. You can get a SSN# up to two weeks before your I-94 expires. Some people have a problem getting the SSN# after they are married and then apply for it.

2. You just have to marry before the I-94 expires.

3. I do not think the benifcary needs a SSN# to get married in Vegas. click on the Acceptable Identification link and you will see they just need their passport. http://www.clarkcountynv.gov/Depts/clerk/Services/Pages/MarriageLicenses.aspx

4. After you are married and then file for AOS you will receive your NOA1 for AOS. Keep a copy of the NOA1 and that is your proof that you are filing the paperwork.

5. If you go tomorrow and get a state ID or a drivers license they will expire when the I-94 expires.

6. Use the NOA1 from your AOS to she proof you are filling out the paperwork and you are in the process of getting your greencard.

I suggest getting married very soon and then filing for AOS. Hopefully I answered your questions. Good luck and congratulations on your upcoming marriage.

I guess moomin replied sooner then I could. Good luck OP.

Edited February 9, 2012 by Andy and Pui

[Moomin 292]

She won't be able to get a driver's license regardless of changing her name or not, both state ID, learner's permit/driver's license expire the same day it says on the i-94. With luck, you'll run down to SSA tomorrow, they send SSN fast, go to DMV/BMV and they'll issue a state ID. Filing AOS soonish equals driver's license sooner.

Which state are you in? I had to get SSN before applying for state ID but they flashed my wildcard in front of me having my husband to "vouch" for me with an affidavit so he was the one providing 4 documents of this and that while I only had to submit passport and ssn. It's state dependent.

When submitting the AOS you'll get a NOA1. That's the piece of paper proving she's in the US not illegally. You can't really use it for much other than if she happens to run into someone with authority to ask her for her immigration status. I basically only keep a copy of my passport and visa on me, nothing more at this point.

Edited February 9, 2012 by moomin

[Ready to do it 101]

Thanks for all the replys. It appears that perhaps one doesn't have to have a SS# to marry in Vegas... so we will go ahead and go get her SS card today or tomorrow and not worry about whether it arrives in time to go to Vegas. We'll then go get married and fill out AOS paperwork.

Last 2 questions...

1) Since we are getting married basically the day before the I-94 date and then filling out AOS paperwork a few days after I-94 expires, there will be no time to change name on social security card before I-94 expires. Thus I assume she will simply have a SS card with her maiden name on it until the AOS is approved. I assume this because since the I-94 will be expired I assume she will not be able to go to SS office with her marriage certificate and have this changed. Not a big deal, but is this correct?

2) Under my scenario is it correct to assume that she will not be able to get a Texas driver's license until after AOS is complete? Or can she get a driver's licence with an expired I-94, NOA1 from AOS, and a social security card that has her maiden name on it?

Thanks

[Harpa Timsah 13,258]

I wouldn't put so much fuss into the SS card. It doesn't matter if her name on it is different for a while. Keep in mind that the SS office won't issue a SSN if there is less than 2 weeks left on her I-94.

Edited February 9, 2012 by Harpa Timsah

[Lainie B 465]

Thanks for all the replys. It appears that perhaps one doesn't have to have a SS# to marry in Vegas... so we will go ahead and go get her SS card today or tomorrow and not worry about whether it arrives in time to go to Vegas. We'll then go get married and fill out AOS paperwork.

Last 2 questions...

1) Since we are getting married basically the day before the I-94 date and then filling out AOS paperwork a few days after I-94 expires, there will be no time to change name on social security card before I-94 expires. Thus I assume she will simply have a SS card with her maiden name on it until the AOS is approved. I assume this because since the I-94 will be expired I assume she will not be able to go to SS office with her marriage certificate and have this changed. Not a big deal, but is this correct?

2) Under my scenario is it correct to assume that she will not be able to get a Texas driver's license until after AOS is complete? Or can she get a driver's licence with an expired I-94, NOA1 from AOS, and a social security card that has her maiden name on it?

Thanks

1) That's what happened to me (and most people who change their name when they get married, unless they marry early enough to change it at the SS office at least two weeks before the I-94 expires). It wasn't a big deal, except I couldn't get a drivers license under my married name because DMV had to verify my name in the SS database. Since I couldn't get a drivers license until I got my EAD it didn't matter much, just everything had to occur in the following order - get EAD-change name at SS office-get drivers license. I wouldn't file tax return until it is changed though.

2) There is a thread in the "moving here" about getting a drivers license in TX that might help: http://www.visajourney.com/forums/topic/287256-can-a-k1-get-a-texas-drivers-license/