Adjustment of Status & Getting an SSN

[Chris&Lainey 2]

Hi!!

First of all Thank You in advance for you time and reading this post. My fiancee and our son have received their visa last week and they will be arriving here in the US early next month.

So having said that, I have been busy gathering all the AOS forms and making plans once they both arrive here. In addition, I am a little bit confuse nor not sure how to go about this plan:

First, Our plan is to get the wedding done, then apply for her first new SSN with her new last name, now having said that, would this plan cause any problem with Social Sec. Admin. when she apply's for her SSN with her new last name since it will be different from the last name on her visa? or Would it be better first to apply for SSN before the wedding then change her last name to SSA.

Second, does the K-1 category eligible to work in the US using a I-94 only while awaiting for the EAD or does she even need a EAD? since under this SSA rule: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

(please click the link if you like to see the article) K-1 is eligible to work in the US.

I appreciate any response and concerns.

Thank you so much VJer's

Edited February 27, 2012 by Chris and Lani

[Moomin 292]

It depends on the specific SSA you go to. Some are pretty stubborn about not changing the name, others fly through without any issues whatsoever. What state/country are you in? Help to know so others from the same area might give you better info.

Also, you can email SSA if you have any problems. Some VJ members had luck after emailing. A K1 isn't a common visa for them to see at some locations so the staff is not aware of that rule always. Sometimes it helps going to a different SSA.

No, K1 holders are only allowed to work with work authorization. SSA get their information from DHS, DHS are the ones that have a say in work permits. The SSN will say something like "valid for work only with DHS authorization".

Personally, I preferred applying for SSN, then getting married and back to change the name afterwards.

[Wally G! 58]

It depends on the specific SSA you go to. Some are pretty stubborn about not changing the name, others fly through without any issues whatsoever. What state/country are you in? Help to know so others from the same area might give you better info.

Also, you can email SSA if you have any problems. Some VJ members had luck after emailing. A K1 isn't a common visa for them to see at some locations so the staff is not aware of that rule always. Sometimes it helps going to a different SSA.

No, K1 holders are only allowed to work with work authorization. SSA get their information from DHS, DHS are the ones that have a say in work permits. The SSN will say something like "valid for work only with DHS authorization".

Personally, I preferred applying for SSN, then getting married and back to change the name afterwards.

:thumbs:

[milimelo 4,580]

Moving to AOS from family based visa as OP's fiance is arriving on K-1.

[Chris&Lainey 2]

We're in Seattle WA. thanks you for the reponses so far!

[Moomin 292]

http://www.visajourney.com/forums/topic/296376-eligibility-to-be-assigned-a-social-security-number/

This is basically worst case scenario; having to wait until EAD/greencard to get SSN, however email SSA if you encounter any problems - at least you now have a plan b and some more knowledge in case you end up with a stubborn employee The OP is from WA.

Edited February 27, 2012 by moomin

[VanessaTony 3,567]

Yes getting the SSN in her maiden name first would be best (if possible). Many people have encountered issues when trying to get a SSN after marriage for many reasons.

No a K1 needs an EAD to work. Yes a K1 is "work authorised" in that a K1 can GET work authorisation prior to AOS (whereas visitor visas for example cannot) and therefore requires a SSN to work. That's why the card says "valid with DHS authorisation".

[tokyobelle 2]

just basing it on my experience, i applied after i got married and i brought my passport and marriage certificate with me. i think as long as you apply within the 90 days of the I-94's expiration, it should be good. i just wrote my maiden name under alias or other known name.

[gary9891 10]

Yes getting the SSN in her maiden name first would be best (if possible). Many people have encountered issues when trying to get a SSN after marriage for many reasons.

No a K1 needs an EAD to work. Yes a K1 is "work authorised" in that a K1 can GET work authorisation prior to AOS (whereas visitor visas for example cannot) and therefore requires a SSN to work. That's why the card says "valid with DHS authorisation".

This is what we did. Get her SSN 7-10 days after entry in the US in maiden name. After marriage AND before her I-94 expires get the card changed to her married name (takes 5 minutes).

If you wait until marriage to go for the SSN, the SSN office will usually wait until you AOS to give her a card. Getting her a card early will make things easier for taxes, jobs, bank accounts etc.

Edited February 27, 2012 by gary9891

[SF2007 48]

You need to apply no later than 14 prior to your I-94 expiration date. I certainly recommend getting a SS in her maiden name and change it later. Makes it much easier to gather proof for an eventual AOS interview.

Edited February 27, 2012 by SF2007

[Chris&Lainey 2]

Thank You All for you great and informative responses! I think we'll definitely get her a SSN first before

the wedding!

Thank You All!