SS Card and EAD

[Kitty_Cat 0]

Hello, I entered with K1 visa in Secember, now we're married and we have a marriage certificate, can we go to the Social Security Office to replace my SS Card in maiden name to SS card in married name now? Or do we have to wait for the EAD card to arrive before trying to get a SS card in married name? I'm wondering about the working authorization status on the card. We still haven't sent in AOS/EAD/AP stuff, hopefully in 2 weeks we will be able to do so, waiting for the 2005 tax returns to be done.

Thanks

[ladybutterfly 0]

You are in the same situation that I was in. Because your K1 has now expired the Social Security office wont want to know you! You will have to wait until you get your EAD now before you can change your name on your card. Word of advice, dont go to the Social Security office until about ten days after you receive your EAD otherwise your immigration status wont be in the computer and you will have to get it manually verified which takes a while. A mistake I made!

[I'm Gone 60]

Hello, I entered with K1 visa in Secember, now we're married and we have a marriage certificate, can we go to the Social Security Office to replace my SS Card in maiden name to SS card in married name now? Or do we have to wait for the EAD card to arrive before trying to get a SS card in married name? I'm wondering about the working authorization status on the card. We still haven't sent in AOS/EAD/AP stuff, hopefully in 2 weeks we will be able to do so, waiting for the 2005 tax returns to be done.

No EAD card or I-551 stamp or card, no new SSN card. However, if you are interested in only correcting the name on your SSN record now and your marriage certificate has your age or date of birth that may be possible.

http://policy.ssa.gov/poms.nsf/lnx/0100203510#D4

RM 00203.510 Alien without Work Authorization - Nonwork Need for an SSN

4. Correcting Numident Data When a Replacement Card Cannot Be Issued

If the alien does not provide evidence of work authorization or a valid nonwork reason, explain that no replacement card can be issued.

Although a replacement card cannot be issued, the Numident can be corrected if the alien has provided documentation supporting the change (e.g., a name change).

If the alien provides documentation supporting the change, process the SS-5 to update the Numident information but suppress the issuance of a card.

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

RM 00203.210 Changing Numident Name Data

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 identity documents listed in RM 00203.200E. One of the submitted identity documents must show the old name (the name on the latest Numident 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 data.

Marriage document or marriage record to be acceptable as an identity document it must show, in addition to the new name, the person’s age or DOB or parents’ names.

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.

C. Procedure - Immigration Document as Evidence of Legal Name

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, 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.

In cases where an alien applies for a replacement SSN card and submits an immigration document showing a name that is different from the name on the prior Numident record, accept the immigration document as evidence of the legal name. In these cases, the prior SSN card may have been issued in a name that was not the NH’s legal name.

Remember that immigration status must always be verified before an SSN card can be issued.