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Filed: K-1 Visa Country: Canada
Timeline
Posted

I am getting ready to head to the USA on a k-1 VISA and I will be crossing the border a day or two before the wedding. My question is, according to the timeline, you need to apply for SSN before getting married. If I skip that step, and apply for it after the wedding, can I just get a copy of it in my married name without having to get one in my maiden name first?

Maybe this has already been answered a bunch of times, but I couldn't find it in the guides.

Posted
I am getting ready to head to the USA on a k-1 VISA and I will be crossing the border a day or two before the wedding. My question is, according to the timeline, you need to apply for SSN before getting married. If I skip that step, and apply for it after the wedding, can I just get a copy of it in my married name without having to get one in my maiden name first?

Maybe this has already been answered a bunch of times, but I couldn't find it in the guides.

We got Marlene's SSN the week after the wedding, but we had to argue with them.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Filed: Timeline
Posted
My question is, according to the timeline, you need to apply for SSN before getting married. If I skip that step, and apply for it after the wedding, can I just get a copy of it in my married name without having to get one in my maiden name first?

Maybe this has already been answered a bunch of times, but I couldn't find it in the guides.

I think I recall this having been answered before. LOL

You don't need to apply before getting married, but people tend to have less hassles when they do.

Being able to get the SSN card in your married name with your I-94 and K-1 status is going to depend on if the marriage certificate has your age or date of birth and your having been in the U.S. less than 76 days.

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

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

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. The marriage document alone can be accepted as evidence of identity for both the old and new names when it meets the criteria described in RM 00203.200G.2.

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

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).

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When issuing immigration documents, the Department of State and DHS 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, we presume 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.

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

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

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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

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.

This may stop the SSA office from sending a Form G-845 if you apply after getting married and your status can be verified with your maiden name:

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

E. PROCEDURE—ONLINE SAVE QUERY RESPONSE INFORMATION DOES NOT AGREE WITH IMMIGRATION DOCUMENT

1. Name

e. Applicant Has Changed His/Her Name But SAVE Query Response Shows Old Name

In some cases, the applicant may have changed his/her name after DHS issued the immigration document (e.g., he/she has married and is now using the spouse’s last name) but does not present an immigration document showing the new name. In these cases, the DHS system reflects the new name only when the person provided the name change information to DHS and requested to have his/her immigration record changed to show the new name. When the SAVE query response shows the old name that is shown on the immigration document presented and not the new name on the identity document presented, do not consider this a name discrepancy for enumeration purposes. See RM 00203.200 when the applicant presents an identity document in the new name that is more recent than the immigration document to determine if the identity document is acceptable. Tell the applicant he/she must report the name change to DHS so that DHS can update its records.

Note From Me: Procedure say to tell you to report the name change to DHS, not that the application cannot be processed and that's just what you will be doing when you send in the AOS paperwork.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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