Help request - K1 already here and married SS card problem

[papasmf 90]

Hi,

 

My wife and I married on April 8th.  She is here on a K1.  Our K1 visa expires on May 3.  She already has an old social security card from her previous visit when she was here last year as a J1 (not subject to 2 year homestay).  We married in Mississippi which does not do a name change on the certificate.  We tried to goto social security office there to change name and they told us we have to do it in New York where we live.  We tried to go today and we are a day under the 14 days prior to visa expiration so we cannot do her name change and get an updated social security card there.  The social security agent told us to "goto the embassy to get an extension by showing them our marriage cert and then return to get our new social".  Now, I've read that we can just apply for AOS and work auth with the new last name we want, but she already has an old social security card with her previous last name and we can't get a new one before applying.  Are we okay, or do we need to do something?  I don't understand what the social security person meant by goto the embassy 😳

Edited April 21, 2017 by papasmf

[dwheels76 5,468]

7 minutes ago, papasmf said:

Hi,

 

My wife and I married on April 8th.  She is here on a K1.  Our K1 visa expires on May 3.  She already has an old social security card from her previous visit when she was here last year as a J1 (not subject to 2 year homestay).  We married in Mississippi which does not do a name change on the certificate.  We tried to goto social security office there to change name and they told us we have to do it in New York where we live.  We tried to go today and we are a day under the 14 days prior to visa expiration so we cannot do her name change and get an updated social security card there.  The social security agent told us to "goto the embassy to get an extension by showing them our marriage cert and then return to get our new social".  Now, I've read that we can just apply for AOS and work auth with the new last name we want, but she already has an old social security card with her previous last name and we can't get a new one before applying.  Are we okay, or do we need to do something?  I don't understand what the social security person meant by goto the embassy 😳

That go to the embassy is not right. There's nothing to extend. She was confused. Your K1 Visa expired the minute she got here. She as a Social there's no new card issued. Since you waited so long you just have to file AOS and wait for EAD to come in 60 to 120 days and then you can go to SS office and get name change.

[Georgia16 2,858]

Yep apply for all AOS/AP/EAD in new name and then when the EAD card comes you go back and change her name. 

[papasmf 90]

Thanks for the advice, we're good to apply with the new last name even though it's not shown on any documents?  Marriage cert from MS shows maiden name only

[Georgia16 2,858]

8 minutes ago, papasmf said:

Thanks for the advice, we're good to apply with the new last name even though it's not shown on any documents?  Marriage cert from MS shows maiden name only

Yes you are fine.

[Penguin_ie 5,993]

***** Moving from K1 to SSN forum ******