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Filed: K-1 Visa Country: Haiti
Timeline
Posted

Hello,

My husband entered USA on Fiance K1 visa on 2/24, we got married on 3/11, we sent and uscis received his AOS package on 4/13. When can he apply for his SSN so he can get his DL. ?

Thank you

He won't be able to file for it again until you receive EAD if filed at the same time with AOS. Once you're married k1 no longer valid really
Posted

It's a tricky question from what I can tell. You could have gone to apply for his SSN as soon as his Form I-94 was showing. We applied after we married, and were denied because "his status changed" after marriage. I have read several other posts where people applied after marriage and were able to get the SSN. I know the SSA won't issue the SSN when the I-94 expiration date is close - which yours is soon to come. We were able to apply for my husband's DL without an SSN, but I believe that CA is more strict with DL's than TX is. Then in that case, you will need to wait for EAD/AP, apply for SSN, then apply for CA DL.



Signature coming soon...

Filed: K-1 Visa Country: Jordan
Timeline
Posted

It's a tricky question from what I can tell. You could have gone to apply for his SSN as soon as his Form I-94 was showing. We applied after we married, and were denied because "his status changed" after marriage. I have read several other posts where people applied after marriage and were able to get the SSN. I know the SSA won't issue the SSN when the I-94 expiration date is close - which yours is soon to come. We were able to apply for my husband's DL without an SSN, but I believe that CA is more strict with DL's than TX is. Then in that case, you will need to wait for EAD/AP, apply for SSN, then apply for CA DL.

Yes, i couldn't get anything before his paperwork starts to process, Thanks for your reply :)

He won't be able to file for it again until you receive EAD if filed at the same time with AOS. Once you're married k1 no longer valid rea

I guess he has to wait , thank you

Posted

Hello,

My husband entered USA on Fiance K1 visa on 2/24, we got married on 3/11, we sent and uscis received his AOS package on 4/13. When can he apply for his SSN so he can get his DL. ?

Thank you

If your husband entered the USA on 2/24, then the I-94 wouldn't expire until 90 days later which would be around 5/24-ish. Your husband can apply now for the SSN.

Your marriage has nothing to do with getting the SSN. You don't even need to mention you are already married to the SSA office. It seems a lot of the SSA workers are clueless on how to process SSNs for K-1 cases anyways...don't confuse them further.

Just bring the SSN application along with the passport and copy of the I-94. Apply for the SSN in the visa name.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

Posted

He won't be able to file for it again until you receive EAD if filed at the same time with AOS. Once you're married k1 no longer valid really

Not true. The SSA workers will tell you that the K-1 is no longer valid, or that it's now a K-3 since you married, etc. But if the SSA worker happens to type in the person's visa name into their computer, they will still see their status as a K-1 and that they are eligible for the SSN.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

Filed: Citizen (apr) Country: Russia
Timeline
Posted

Not true. The SSA workers will tell you that the K-1 is no longer valid, or that it's now a K-3 since you married, etc. But if the SSA worker happens to type in the person's visa name into their computer, they will still see their status as a K-1 and that they are eligible for the SSN.

Agreed, you can go and get the SSC now since you have more than two weeks left on the I94. I would wait for the EAD or GC to apply for the DL, since it will only be valid for the period on either of them.

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

A K-1 entrant can apply for the SSN from the day after entry up until there is 2 weeks left before their I-94 expires. If you miss that window, then you will need the EAD or green card before you can get an SSN.

~ Moved from AOS from Family Based Visas to Social Security Numbers - topic about SSN~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: K-1 Visa Country: Jordan
Timeline
Posted

We went to Social Security office when he first came and they told us he is ineligible and thus we did not go again, I asked my lawyer and he said He must file his I485 first and get his EAD. Thank you all for your replies, I will call SS office and ask again.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

The SSA worker and your lawyer are both incorrect.

A K-1 entrant is a legal alien allowed to work. That is what you mark off on the SS application. You provide passport and the unexpired I-94. See the SSN guide here on VJ.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: K-1 Visa Country: Jordan
Timeline
Posted

The SSA worker and your lawyer are both incorrect.

A K-1 entrant is a legal alien allowed to work. That is what you mark off on the SS application. You provide passport and the unexpired I-94. See the SSN guide here on VJ.

Thank you, Your reply was very helpful , How about after he get his EAD Do we need to change anything with the SSN? or it will stay the same number?

Posted

How about after he get his EAD Do we need to change anything with the SSN? or it will stay the same number?

The number will always remain the same throughout the rest of his life, except in some extreme cases. He would only need to get a new SSA card (if he wishes) after he gets the GC. LPRs can get the "DHS Authorization" message on the card removed and he will get a regular SSA card.



Signature coming soon...

Filed: K-1 Visa Country: Jordan
Timeline
Posted

The number will always remain the same throughout the rest of his life, except in some extreme cases. He would only need to get a new SSA card (if he wishes) after he gets the GC. LPRs can get the "DHS Authorization" message on the card removed and he will get a regular SSA card.

Thanks , We will go today to SSN office and apply and see how it goes, First time they told us he is ineligible so i printed some information to take with me in case they try to turn us away again.

Filed: K-1 Visa Country: Jordan
Timeline
Posted

we went to the ssn office and applied for the ssn ,lady said my husband should get his card in 10 days, all she asked for was the i94 addmition paper and his passport, she made copies of his visa and the i94, thank you all for your help and guidance :)

 
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