Getting a little confused, need help.

[Minu Luvs Pinu 2]

Hi Vjers,

I already got married on January 27th (Yay!), now we are starting to file for our papers. My K-1 visa expires in late March, so we have to do this quickly.

I'm trying to apply for my SSN, I came across this one question that asks what my status in the U.S. is; "Legal Alien Not Allowed To Work" or "Legal Alien Allowed To Work" or "Other". Which one do I choose?

I haven't applied for my EAD so I'm technically not allowed to work, but I'm going to be applying for my AOS. I think I know what my answer is but I wanna make sure I'm correct. Also, which important documents should I send the SS office, and can I send them a photocopy of my marriage certificate since I only have one original copy which I have to send with my AOS application.

I appreciate your help, thanks in advance!

Minu.

[Minu Luvs Pinu 2]

I think I answered my own question, it's Legal alien allowed to work.

[Pooh Pee 1]

I had the same situation. Instead of going back and forth with paperwork. We decided to apply for the EAD then get the SSN. My wife is not going to work anytime soon. So we can wait a few months. You can get many things done before getting your SSN.

[pocheros 101]

It is legal alien allowed to work. Your SSN will say "valid for work with DHS authorization" DHS meaning your work permit/EAD.

I had the same situation. Instead of going back and forth with paperwork. We decided to apply for the EAD then get the SSN. My wife is not going to work anytime soon. So we can wait a few months. You can get many things done before getting your SSN.

I do not recommend waiting. Your SSN will be necessary for health insurance, for opening a bank account, for all sorts of things. It is extremely useful to have. Additionally, the SSN must be applied for within 76 days of your POE (the expiration date on your I-94 minus two weeks.) If you miss the deadline then you have to wait until you get your EAD or green card. DO NOT WAIT!

Copy and pasted from one of my old posts, some SSN tips:

1. Print off this memo http://www.k1k3.com/stuff/SSNMemo.pdf and bring it with you in case they try to deny her a SSN. As long as her I-94 is valid she is entitled to an SSN, but sometimes the SSA officers don't know that.

2. Check off "legal alien allowed to work," keeping in mind that she is actually only allowed to work when she has an EAD or her green card.

3. The SSN is delivered through certified mail, so if her name is not registered with the mailbox yet make so include "Care of <husband's name>" or something along those lines, else they'll return it.

4. It is advisable to wait about 10 days after your fiancee's entry into the US before applying for a SSN since she needs to be updated in the system. However, in my case I waited 14 days and when I applied I still wasn't in the system. This is okay but if you go ahead with the application at that point be aware that it may take a little while for them to get the SSN to your wife because they have to send a request to USCIS to verify her. In my case it took 4 weeks until my SSN appeared in the mail.

5. Make sure to apply within 76 days of her POE!

6. If you're going to put your wife on a health insurance plan you might have to do it within a certain period of time of your marriage (most often 30 days) and she may also need an SSN in order to do it. You'll want to double check on that to make sure you're not too late In my case I received the SSN one day too late an wasn't able to go on health insurance right away

Edited February 11, 2012 by pocheros

[Inky 1,111]

The K-1 visa expired the day you used it to enter the USA. You go by the I-94 expiration which is 90 days.

There is no reason to hurry up - you can file AOS any time you are able to file it. There is no requirement to file AOS in a certain time, the only requirement was to marry within the 90 days after entry.

[SF2007 48]

Yes it is Legal alien allowed to work. And by the way, the fact you married your fiance is irrelevant for SSN purpose. When I applied for mine I found this guide very useful: http://www.visajourney.com/content/ssn. I applied prior to the wedding and had no issues with it.

As Inky said, your visa was void on entry. You can wait to file for AOS but I would recommend you do not wait too long. Unless you get an EAD/AP combo card or your GC, you can't re enter the U.S. That means no trip abroad, no visiting relatives & family, etc.

I agree with Pocheros; you should get your SSN asap. It is needed in some states to trade in your driver's license and most banks and some insurance companies require it. If you want to be added to your spouse's utility bills, you will need one too. Applying quickly also means you can start gathering evidence for a potential green card interview. But in the end, up to you. You can go on with your life without one for a little while.

Good luck!

[Kathryn41 3,205]

The EAD is also a useful piece of US identification that you can use to prove your legal status in the US and qualifies as government issued ID. Sometimes the AOS takes a while to come and the EAD is almost always received relatively quickly. Even if you don't intend to work, file for the EAD - there is no extra charge and it is a very useful piece of identification to have.

Edited February 13, 2012 by Kathryn41